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 … 

In the modern U.S. history of public-private partnerships, the prevailing project delivery models have been the toll concession and the availability payment contract.  In both cases, the private party raises equity and debt financing and takes responsibility and risk for completing design, constructing and providing long-term operations and maintenance.  The major difference between the two is that in the toll concession the private party takes the revenue risk and secures its debt with project toll revenues, while the public owner takes the project revenue risk under an ...