Infrastructure

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Overview

Overview

Large-scale infrastructure projects are by definition complex undertakings, with legal, commercial, technical and governmental issues at every turn.

Experience in all phases

Our lawyers have the know-how and experience to help you identify and manage these issues. From first proposal to funding, to groundbreaking, to completion and beyond, we provide timely, savvy advice on all aspects of your project, at every stage of development.

We have played key roles in the procurement and financing of a number of major transportation, energy, environmental and water initiatives.

Our multidisciplinary team provides clients in both the public and private sectors with a wide range of advisory services—legal, financial, regulatory, and legislative—to help bring large infrastructure projects of all kinds to fruition.

Public-private partnerships

We advise on finance, business planning, and procurement issues, thoroughly evaluating all public and private options to determine the best solution for each component of the project.

We deal every day with governments at the federal, state, and local levels, and we can help you navigate the legislative and political challenges that can attend any matter where the public and private sectors converge. We also have particular experience in government bidding and contracting matters.

Transportation

From highways and bridges to high-speed rail and subways, our team is experienced in all phases of domestic and international projects, including securing necessary constituency support, governmental approvals (including zoning, land use and environmental), procurement and financing.

Energy, environment and resources

Our energy team brings both skill and experience to the table in dealing with the complex and often overlapping environmental and energy regulations confronting every company that does business in the United States. Our primary focus is on companies, including global players, that develop, produce, market, acquire, transport and process energy resources.

Water

Our water industry group has over 30 years' experience representing public water agencies and investor-owned utilities and developers on a wide range of financing, environmental law, water law and water utility law issues. Our experience includes public and private debt and equity offerings, utility mergers and acquisitions, obtaining state regulatory approvals associated with debt and equity issuances, and other commercial and financial transactions.

Who we work with

  • State and local governments
  • Public utilities
  • Energy companies
  • Developers
  • Water and wastewater firms
  • Construction firms
  • Transportation operators

Experience

Representative Matters

Transportation

  • Represented Transport for London in connection with privatization initiative for the London Tube and implementation of London's congestion charging program. Negotiated contracts and assisted in contract administration. Provided advice in connection with European Commission competition rules relating to Manatt's expertise in international transit contracting matters.
  • Represented Amtrak in connection with the Northeast Corridor high-speed project, including equipment acquisition and finance, long-term maintenance arrangements, design-build facility contracts and claims resolution.
  • Represented Taiwan High Speed Rail Consortium in connection with the DBOM contract for high-speed rail in Taiwan.
  • Represented leading transportation technology and equipment suppliers in government contracting matters.
  • Worked with the Alameda Corridor Transportation Authority and the United States Department of Transportation in developing the loan financing approach that has served as the model for the Transportation Infrastructure Finance and Innovation Act (TIFIA). Our team developed and implemented the federal lobbying strategy that led to the enactment of legislation designating the project as a high-priority corridor and obtaining $60 million in appropriations to support a $400 million federal loan.
  • Provided expert support to the United States Department of Justice in evaluation of tax-oriented transactions involving railroad equipment in the United States and Europe.
  • Served as independent arbitrator in connection with the resolution of claims arising from the development of the Honolulu rail transit project.
  • Represented the City of Reno in the Reno Transportation Access Corridor Project. Worked with the Nevada congressional delegation, the authorizing and appropriating committees of Congress and the Department of Transportation to establish the project's eligibility for an $80 million federal TIFIA loan, and is assisting the City of Reno in finalizing the critical funding for this $250 million project.
  • Representing an international investment bank before Congress on its interests in transportation policy.
  • Assisted the National Parks Conservation Association in efforts to encourage Congress to (1) make $440 million investments in park roads a component of the economic recovery program, (2) increase the funding level for the federal Park Roads and Parkways program in upcoming surface transportation reauthorization, and (3) modify the structure of the federal Transit in Parks program to improve effectiveness.
  • Representing a major rail company in connection with the development and regulatory approvals required for a large near-dock inter-modal facility.

Energy & Resources

  • The development, purchase and sale of natural gas, pipeline construction and electric power generation within the United States and between U.S. and Mexican interests and U.S. and Canadian interests.
  • Negotiating and preparing agreements to purchase natural gas, refined products and electricity, reserve transmission and pipeline capacity, and develop and install alternative energy sources.
  • Project finance transactions on behalf of energy companies and financial institutions in combined cycle, cogeneration, geothermal, coal and hydro projects.
  • Proposed mergers of petroleum refiners and marketers and natural gas and electric distribution companies in both the U.S. and Canada, including extensive litigation and environmental due diligence.
  • Represented national waste management companies in development of landfill gas and waste export projects involving financing and construction of new infrastructure in contested regulatory environment.
  • Various contractual arrangements, including negotiating financing of and contracts for sales by a petroleum coker and the sales contract (plus associated environmental cleanup) for a mothballed petroleum refinery.

Water

  • Representation of water public utilities in numerous rate, rulemaking and complaint proceedings before the CPUC.
  • Representation of a water utility in settlement negotiations with several state agencies arising out of a toxic waste spill.
  • Representation of a large water utility in rulemaking proceeding involving the adequacy of the CPUC water quality standards.
  • Representation of a land developer in appellate proceedings, federal and state court trial, and before the CPUC, to enforce a civil judgment against a water public utility.
  • The continuing representation of an owner of industrial real property in CERCLA cost recovery litigation against past tenants, owner and operators responsible for groundwater contamination. We are also coordinating site characterization and remediation efforts at this site, including negotiations with federal and state regulators.
  • Representation of the San Gabriel Basin Water Quality Authority, La Puente Valley County Water District, and California Domestic Water Company in litigation in federal court in Los Angeles to recover costs expended to remediate contaminants in groundwater in the Baldwin Park Operable Unit of the San Gabriel Basin Superfund Site, as well as in the more than year-long negotiations between water entities, responsible parties and EPA to reach agreement upon a joint cleanup/water supply project that is the largest of its type in the country.
  • Representation of the San Gabriel Water Quality Authority in litigation in federal court in Los Angeles to recover costs expended to remediate contaminants in groundwater in the South El Monte Operable Unit of the San Gabriel Basin Superfund Site.
  • Representation of a landowner in the oversight efforts by a national oil company to remediate groundwater contamination caused by our client's former tenant.
  • Representation of a major water agency in public policy and infrastructure development.

Team

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Related Practices

Hospitality and Leisure

Manatt Energy and Environment

Climate Change and Clean Energy

Select Clients

Alameda Corridor Transportation Authority

Amtrak

City of Reno, NV

City of Tustin, CA

City of Yakima, WA

Goldman Sachs

New York State Thruway Authority

Renewable Funding

Taiwan High Speed Rail Corp.

Time Warner Cable

Transport for London

Walsh Austin Joint Venture

Westfield Group