Our attorneys have decades of experience working with and for agencies that are responsible for important transportation and infrastructure projects. Our skilled practitioners offer practical advice on how to navigate the complex regulatory environments involved in large transportation and infrastructure projects, including the procurement process and contract administration. They can also determine available innovative funding mechanisms for these projects, such as the financing methods used in the formation of Boston’s Seaport District and the operation of its Greenway, as well as traditional federal grant funding programs.
In addition to representation of private parties with transportation and infrastructure needs, we have provided counsel to transportation agencies on many diverse matters such as procurement of operational contracts, vehicle delivery, and public-private partnerships. We have also provided experienced counsel to successfully assist these agencies with their litigation needs.
Our private and public experience includes:
- Representing a public transportation authority in the procurement of a new private operator of the 5th largest commuter rail system in the U.S. and developing and drafting a complex Operating Agreement establishing all operating and maintenance obligations of the private operator and establishing risk allocations among the parties.
- Advising on legal issues and negotiating multimillion-dollar contracts and subcontracts for U.S. Government projects such as USAID infrastructure and energy projects in Afghanistan and the West Bank.
- Representing a public transportation authority with respect to its relationship with Amtrak, including drafting a new Operations and Access Agreement governing Amtrak’s use of facilities to provide its ACELA service in compliance with federal PRIIA legislation.
- Serving as disclosure counsel to MassDOT in connection with its first Bond issue—the refinancing of its massive “Big Dig” debt.
- Representing a public transportation authority in connection with a P3 Project resulting in construction of a new subway station at the Assembly Square development.
- Drafting and negotiating agreements to relocate utility assets in support of public transportation infrastructure projects.
- Aiding a major transportation and distribution facility in remediating underground storage tank contamination associated with its vehicle-maintenance operations.
- Working on a wide range of public contracts for highly regulated entities, including joint infrastructure development initiatives.
- Advising an autonomous vehicle developer on compliance with consumer product disclosure rules.
- Assisting in the establishment and build out of domestic supply chain compliance programs, including Buy America and Buy American.
- Negotiating contracts with public entities on behalf of a transportation consulting firm to assist state with the development of policy regarding rail, freight and other infrastructure uses.
- Advising on compliance with PHMSA requirements for the transportation of hazardous materials.
- Advising a large electric utility company on interconnection planning with high-speed rail initiative.
We have also:
- Successfully defended a public transportation authority in a losing bidder’s challenge to the award of a $5 billion rail services procurement contract.
- Successfully defended a public transportation authority against claims of alleged fraud and official favoritism in the award of a $600 million rail car procurement contract.
- Won dismissal of complex constitutional claims asserted against a transportation authority in a putative class action lawsuit.
- Represented a major automobile manufacturer in litigation with dealers.
With this collective practice group know-how and the availability of other Potomac Law groups (such as intellectual property, corporate law, and taxation), we are well situated to serve the needs of the rapidly growing mobility industry. We can help companies that are working to provide mobility as a service; start-ups developing the technology to enable autonomous vehicles; and those needing assistance with electrification infrastructure and micro-mobility solutions such as shared scooters, bikes, and other sustainable transportation alternatives.
At Potomac Law, we understand the importance of this industry to our environment and to our ability to commute. As transportation is responsible for a significant percentage of greenhouse gas emissions, the utilization of these technologies to help respond to the climate crisis will be at the center of government and industry discussions both locally and nationally. States such as Massachusetts have also noted the importance of technology to rapidly change “how, why, and where people and goods move…” and “to improve safety, speed, and efficiency; expand mobility options, and reduce greenhouse gas emissions – if they are harnessed properly and managed prudently.”
Counsel with significant regulatory experience will be increasingly necessary to help private industry, regulatory agencies, and communities navigate the many challenges to adapt to these technological opportunities. We are here to help.
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