Kaplan Kirsch provides counsel in projects that often involve multiple jurisdictions and different levels of government. Increasingly, these matters incorporate public financing mechanisms that range from revenue bonds and tax increment funding to federal grants (such as the Airport Improvement Program, Bipartisan Infrastructure Law and Inflation Reduction Act programs) and federal loans (such as the Transportation Infrastructure Finance and Innovation Act and Railroad Rehabilitation and Improvement Financing programs). Because these projects require multiple jurisdictions cooperating to achieve a common goal, they can also be the source of considerable legal and public disputes among governmental entities.
Our firm has developed a national practice representing governmental entities to solve the disputes that arise when governments are called upon to regulate, approve and oppose substantial public projects, development endeavors and transportation infrastructure.
Our team has developed considerable experience in negotiating intergovernmental agreements that resolve complex, difficult issues among governments. We also have extensive experience addressing public sector issues such as governance structures for project delivery, open records, contracting and advocacy. We have helped local agencies address intra-agency governance disputes and inter-governmental negotiations over the authority and governance of special purpose entities. We routinely represent local governments, special purpose districts and state governments in lobbying at the federal, state and municipal level where legislative action is necessary or helpful to their projects. We have successfully sought specialized funding or tailored legislation where such relief is appropriate.