Infra Insight Blog

The National Environmental Policy Act (NEPA), the California Environmental Quality Act (CEQA) and other environmental laws can create significant legal risks for the delivery of complex infrastructure projects using alternative procurement strategies. On October 10, 2024, I had the pleasure of collaborating with my Nossaman colleague Rob Thornton, along with guest speaker Tim Suydam from the East County Advanced Water Joint Powers Authority, to discuss … 

Through recent updates to California’s Public Contract Code, public agencies are being equipped with new tools to deliver major infrastructure projects through use of the progressive design-build (PDB) model. As more public agencies gain access to the legislative tools available to use PDB, we expect to see an increasing number of water projects undertaken and completed successfully under the PDB or other early contractor delivery methods. … 

To mitigate the effects of climate change and years of drought, California plans to double the amount of recycled water produced in the state by 2040 – but is producing more water enough? There’s a rising trend of building energy recovery facilities in wastewater facilities to reduce the reliance on existing utility providers and powering the plant with biogas generated from sludge processing and co-digestion of organic waste diverted from landfills.  … 

A decades-long battle over a proposed desalination plant generated considerable attention for desalination. Despite the defeat of the Poseidon plant in Huntington Beach, CA, the California Coastal Commission has approved multiple plants since. As a result, substantial questions remain about desalination’s role in California’s water future. In “The Future of Desalination, Post-Poseidon,” we analyze the most significant barriers and opportunities for desalination to help California overcome its future water shortage issues due to population growth and climate ...

Los Angeles County aims to integrate infrastructure planning with social and environmental needs in its recently released draft of the updated L.A. River Master Plan.

The plan is the first to cover the entire L.A. River and proposes a 51-mile connected open space to manage floodwaters while improving natural ecosystems and public wellbeing. Calculations based on information from the US Census Bureau indicate that 25% of Californians live within a 30-minute drive of the LA River and over one million people live within one mile. ...

Last week, the Senate Committee on Environment and Public Works passed America’s Water Infrastructure Act of 2020 (AWIA) and Drinking Water Infrastructure Act of 2020 by a vote of 21 to 0. AWIA would authorize approximately $17 billion in new federal spending to invest in water infrastructure over the course of the next three years.

Two sections included in the AWIA confirmed the federal government’s continued support for the Water Infrastructure Finance and Innovation Act (WIFIA). If approved by the full Senate and the President, AWIA Title II Section 2014 reauthorizes WIFIA ...

As the number of those impacted by the coronavirus (“COVID-19”) pandemic continues to grow, affected parties across all industries look for guidance on how to deal with this novel situation.  Governments and private parties are analyzing project contracts as they take precautionary actions to prevent the spread of COVID-19.  In this midst of all of this confusion, two questions arise:  What does the COVID-19 pandemic and the steps being taken in response mean for your project contracts? And, will an excusable delay/force majeure clause provide any protection for the impacts of ...

It’s been a productive time for advocates of water in the U.S. with President Obama signing into law the Water Infrastructure Improvements for the Nation Act (WIIN).  WIIN includes the Water Resources Development Act of 2016 (WRDA), together with provisions to authorize critical water projects  and improve drinking water infrastructure, water storage and supply, flood control and waterways across the nation.

A summary of some of WIIN’s key attributes are set out below:

• WIIN authorizes Congress to provide $20 million for the Water Infrastructure Finance and Innovation Act ...

The first freeway lighting system public-private-partnership (P3) in the U.S. closed on August 24, 2015, with the Michigan Department of Transportation (MDOT) and Freeway Lighting Partners, LLC, (FLP) reaching simultaneous commercial and financial close.  The FLP team consists of Star America Infrastructure and Aldridge Electric, Inc. as equity owners with Aldridge Electric, Inc. also acting as the design-build contractor, Parsons Brinkerhoff, Inc. as the designer, and Cofely Services, Inc. acting as operations and maintenance provider.  The innovative street lighting ...

Although historically the investment profile for pension funds has focused on established brownfields assets, the Canadian Pension Plan Investment Board (CPPIB) has recently invested $525 million AUD into the greenfields NorthConnex road tunnel in Sydney, Australia in partnership with experienced road operator Transurban and the Queensland Investment Corporation (QIC). CPPIB’s investment comes hot on the heels of the Dallas Police and Fire Pension System’s (DPFPS) 2010 equity investment in Texas’ LBJ  Freeway (I‐635) managed lanes toll-road, among other ...

The Environmental Protection Agency (EPA) is currently holding a roadshow of listening sessions across the US to provide information on the Water Infrastructure Finance and Innovation Act (WIFIA) and its proposed five-year pilot program to provide an alternative funding source for a variety of water infrastructure projects.

The EPA presented in Los Angeles on October 17, 2014 where attendees included representatives from public and private finance, contractors, water operators, state and local government entities and legal and financial advisers from across southern ...