The lawyers of Kaplan Kirsch develop and implement effective strategies for the finance, delivery and approval of, or opposition to, highway projects across the country. We represent state and local governments in seeking Federal Highway Act, environmental, land use, and other permits for highway projects. We have assisted state departments of transportation, local governments, and others on public-private partnerships in designing, building, financing, operating, and maintaining highway and multimodal facilities. Our lawyers have also worked with state and local governments on innovative tolled and non-tolled finance projects.
Representative Experience
Central 70 Project
Represented the Colorado Department of Transportation’s Colorado Transportation Investment Office (CTIO) and the Colorado Bridge Enterprise as procurement and environmental/litigation counsel for the Central 70 reconstruction. The project replaced an aging central Denver viaduct with a below-grade, covered segment. The reconstruction was financed through TIFIA loans, private equity bonds, and a unique Bridge Enterprise credit. The project earned two P3 Bulletin awards and ARTBA’s Community Impact of the Year Award.
Mount Vernon Viaduct Replacement
Represented the San Bernardino County Transportation Authority (SBCTA) on a design-build procurement to replace the aging Mount Vernon Viaduct. The viaduct spans the largest intermodal rail yard in California’s Inland Empire. The replacement viaduct project was valued between $109 million to $165 million (part of a broader $270 million transport effort). Separately represent SBCTA on a project to bore a tunnel, for use by autonomous vehicles, from Ontario Airport to Rancho Cucamonga, where it would connect to current regional and future high-speed rail service.
O’Hare Express System Project
Advised the City of Chicago and the Chicago Infrastructure Trust on the O'Hare Express System Project (also known as the O’Hare Flyer), a proposed 15-minute rapid transit connection between Downtown Chicago and O'Hare International Airport using proprietary tunneling technology and modified autonomous vehicles. The Boring Company proposed to design, build, finance, operate, and maintain (DBFOM) the project, with no City funding required.
Highway P3 Proposal Protest
Advised a state DOT on a protest arising from the procurement of a multi-billion-dollar highway P3 project. Counseled the DOT through the protest process, prepared filings, and supported a hearing to resolve the outcome.
Highway Proposal Challenge
Assisted a Colorado local government seeking to stop or mitigate a detrimental beltway proposal and advance preferred highway improvements.
Theme Park Highway Interchange
Represented one of the world’s largest entertainment companies on the National Environmental Policy Act (NEPA), Department of Transportation Act Section 4(f), and National Historic Preservation Act (NHPA) issues. This matter involved a new highway interchange serving a proposed theme park.
Related Practices
Resources and News
Awards and Recognition
News
Presentations
Kaplan Kirsch & Rockwell Named As “Outstanding Legal Advisor” Finalist
Awards and Recognition | February 21, 2019
Kaplan Kirsch & Rockwell Named As “Outstanding Legal Advisor” Finalist
Awards and Recognition | February 21, 2019

