Infrastructure and Public-Private Partnerships
Quarles & Brady’s Infrastructure Team represents clients on infrastructure and public-private partnership (P3) projects. Our multi-disciplinary team provides clients with superior value by bringing together lawyers with the corporate, real estate, environmental, transportation, energy, tax, and state and local government experience necessary to successfully complete complex projects.
We pride ourselves on maintaining the highest level of infrastructure-related insights, not only about the relevant legal, legislative, and regulatory framework that applies to any given transaction, but also about related developments in the political arena that can affect a transaction’s outcome or terms. We have significant knowledge of state and local government operations, customs, and practices, and that knowledge informs our strategic advice.
We have excellent working relationships with governmental decision-makers on infrastructure projects, particularly those with state transportation departments, tolling authorities, and related agencies. Because our team includes lawyers that served in government roles earlier in their careers, we understand the unique issues facing governmental entities and the sensitivities of intergovernmental relations. We also have considerable experience with the stakeholders that weigh in on, and sometimes oppose, infrastructure projects, including environmental not-for-profits and railroad companies.
Our experience includes:
- Serving as lead counsel to a real estate investment trust in a P3 to develop, finance, construct, operate, and maintain a toll bridge project in southwest suburban Chicago. As part of that project, we negotiated and drafted project agreements including a four-way memorandum of understanding, a tolling agreement, and a bridge and ground lease; settled litigation with a railroad company; negotiated and drafted enabling state legislation; secured federal, state, and local permits and approvals; and advised on transportation, real estate, corporate, tax, and environmental matters.
- Representing Brookfield Infrastructure Group in its acquisition, financing, and re-financing of a district cooling system that serves downtown Chicago.
- Representing an infrastructure investment and operating company on the reconstruction of an interstate bridge.
- Representing Tesla, Inc. on electric vehicle (EV) charging infrastructure matters, including in a state regulatory proceeding concerning the EV charging infrastructure program, plans, and rates for Illinois’ second largest electric utility, Ameren Illinois.
- Representing the Pittsburgh International Airport on development and construction of a first-in-the-nation airport electric microgrid, including a 20-plus megawatt on-site electric generation facility fueled by natural gas reserves located under the airport's property, together with a three-megawatt solar power generation facility.
- Representing a national retailer to support deployment of electric vehicle charging station equipment and installation of related electric infrastructure in multiple states. The representation includes assistance with acquisition of state and local grants and other funding; supply chain contracting; and negotiation of documentation for utility design and construction of supporting electric infrastructure.
- Assisting the developer of a multi-modal logistics center to identify and obtain federal, state, and local support for infrastructure upgrades, including the federal Transportation Investment Generating Economic Recovery (TIGER) grant program.
- Drafting and negotiating various project agreements, including engineering, procurement, and construction (EPC) contracts, leases, easements, and operation and maintenance agreements.
- Securing federal, state, and local permits and approvals for P3 and other infrastructure transactions, including permits from the U.S. Coast Guard and U.S. Army Corps of Engineers, overpass authorizations from the Illinois Commerce Commission, and property tax exemption certificates from the Illinois Department of Revenue and county boards of review.
- Representing Goldman Sachs Renewable Power LLC in its investments in community solar projects in northeastern Illinois.
- Representing Peoples Gas in its capital infrastructure project, known as the System Modernization Program, to replace over 2,000 miles of gas mains in Chicago, including a state regulatory proceeding concerning the cost, schedule, and scope of the project.
- Representing a Fortune 500 technology company on electric and natural gas infrastructure matters associated with development of a 200-plus megawatt data center in Illinois.
- Advising clients on federal and state laws that impact infrastructure and P3 deals, including the federal Infrastructure Investment and Jobs Act, the Illinois Public-Private Partnerships for Transportation Act, the Illinois Public Private Agreements for the Illiana Expressway Act, the Illinois Toll Bridge Act, and Illinois municipal “home rule” under the Illinois constitution, statutes, and local ordinances.
- Identifying and analyzing the legal issues that are critical to P3 and other infrastructure transactions concerning financing, third-party investment, government incentives, taxation, procurement, government transparency and confidentiality, and environmental matters, including the application of the National Environmental Policy Act (NEPA).
- Advising clients on emerging P3 legislation, including the Illinois Public-Private Partnerships Act (Senate Bill 1900 of the 102nd Illinois General Assembly).