Kaplan Kirsch has assisted a number of clients with complex multimodal transportation projects. We are at the forefront of initiatives to secure private investment for multimodal facilities (sometimes referred to as P3s or public-private partnerships). We provide advice on negotiations with railroads, public transportation providers, airport sponsors, and other transportation agencies. Our lawyers secure federal funding and financing, structure the procurement process, complete environmental reviews, and obtain permits and authorizations from multiple agencies at once. We also coordinate jurisdictional boundaries between oversight bodies. Additionally, we assist highway proponents in securing public and private investments for multimodal facilities.
Airports
Kaplan Kirsch counsels some of the largest airports in the country in comprehensive planning for multimodal projects. Much of our Airports practice concerns the legal requirements for airport development projects and the implementation of master plans. Our experience in airport planning, compliance with federal law—as well as intergovernmental agreements, land use planning, state and local environmental regulations, public finance, and contract negotiation—enables us to help clients navigate the legal hurdles that face complex public sector projects.
Airports facing capacity constraints, environmental mitigation requirements, and growing demand for intermodal connections increasingly need improved surface transportation connections. Our Airports practice draws on the Firm’s experience across other transportation modes to meet that need. Taking advantage of new federal funding opportunities and increased attention to the importance of inter-modal connectivity, we have assisted with new highway interchanges, light rail access, commuter rail lines, and freight rail spurs.
Coordinated planning with metropolitan planning organizations (MPOs) and other multimodal agencies is now a frequent part of airport master planning. Incorporating these elements helps airports address capacity constraints, mitigate environmental impacts, and expand revenue-generating commercial development. We assist clients with innovative projects that optimize intermodal connectivity.
Rail and Transit
Our experience in rail passenger projects is extensive. We have advised public transit agencies on issues such as initial system planning, acquiring rail corridors and facility construction and service implementation and operation. We assist state and regional commuter rail or transit agencies negotiate with railroads to acquire the right to operate passenger service. Specifically, we negotiate the right of one or more freight or other passenger railroads to conduct operations on the line.
We also advise transit agencies on agreements for the shared use of rail corridors and related facilities, including passenger terminals. These transactions often require negotiating and drafting agreements and easements with freight railroads for shared corridor use, plus right-of-way and signal maintenance agreements with corridor partners. We also negotiate Amtrak agreements for intercity service over lines the client agency owns.
Our lawyers are knowledgeable of regulations that apply to State and local governments that own or share rail corridors and operate commuter or transit service because we frequently practice before the relevant federal agencies. We regularly apply the regulations and policies governing labor and employment, the regulatory treatment of rail corridors, transit agency obligations, and exemptions from rules that typically relate to commuter and transit agencies.
Highways
Kaplan Kirsch frequently represents state and local governments seeking Federal Highway Administration (FHWA) approvals and related environmental, interstate access, land use, and other permits. We assist state departments of transportation (DOTs), airports, local governments, and other municipal organizations on traditional public and public-private partnerships to design, build, finance, operate, and maintain highway and multimodal facilities.
We develop strategies for financing, delivering, and securing approval of—or opposition to—highway projects nationwide. We also represent airports as they seek to increase surface transportation access and work through issues with the FAA, FHWA, state DOTs, and MPOs. Our lawyers have also worked with state and local governments on innovative tolled and non-tolled finance projects.
Public Financing for Infrastructure
Providing counsel on infrastructure funding mechanisms is a core component of our Project Funding and Delivery practice. We understand the public funding process for major airport, highway, and transit system projects. Our attorneys have deep experience with the FAA’s guidelines for airport fund use—including Airport Improvement Program (AIP) funds and passenger facility charge (PFC) funds—and for rail, transit, and road access projects.
Kaplan Kirsch also has experience in development-related infrastructure financing, including tax increment financing, special districts, and convention center hotels. Our lawyers typically advise clients on the structure and options for, as well as the negotiation and implementation of, such financing including in particular the use of the Transportation Infrastructure Finance and Innovation Act (TIFIA) loan program administered by FHWA as it has been used for both rail and transit and highways. As TIFIA has become available for airports as well, we have assisted clients in taking advantage of this loan program for these projects.