Transportation Facilities

Overview

We are proud to have acted as counsel on some of the most notable and innovative transportation infrastructure transactions in the country.

Some of these projects include the 23-mile Washington, DC, Metrorail extension, the first public-private partnership toll road, first HOT lanes project, first transportation Private Activity Bonds, and first refinancing under SAFETEA-LU. Our team gets deals done — efficiently and effectively.

Familiarity with our clients’ industries means we understand the issues and concerns of all parties involved, and how decisions along the way can affect each of them. We navigate the individual perspectives, approvals, needs, and requirements to reach agreement on all issues and complete the transaction.

Representative Experience

• Long-Term Bond Counsel and Underwriters’ Counsel For clients including New York’s Metropolitan Transportation Authority (North America’s largest transportation provider) and its affiliate, Triborough Bridge and Tunnel Authority; Los Angeles Metropolitan Transportation Authority; Puerto Rico Highways and Transportation Authority; Bay Area Toll Authority; Metropolitan Washington Airports Authority (Dulles Toll Road Bonds); and San Francisco International Airport.
• Goethals Bridge Replacement Lenders’ counsel on the issuance of tax-exempt bonds to fund the replacement of the Goethals’ Bridge and the demolition of the existing bridge for the benefit of the concessionaire in connection with a public-private partnership transaction with the Port Authority of New York and New Jersey.
• Louisville Downtown Bridge Underwriters’ counsel in connection with the issuance of tax-exempt bonds to fund the construction of a new bridge from Louisville, Kentucky, to southern Indiana and the renovation of the existing Kennedy Bridge in Louisville, including negotiation of a TIFIA loan.
• Tappen Zee Bridge Replacement Counsel to TIFIA in connection with replacement of the bridge.
• Transbay Joint Powers Authority Finance counsel in connection with the authority’s development of the “Grand Central of the West” project, including replacement of the existing regional and local bus depot, extension of regional commuter rail service, and development of high-speed rail service from Los Angeles in this multi-purpose complex.
• Washington, D.C., Metrorail Extension to Dulles Airport Bond counsel in connection with the two-phase 23-mile extension of the airport, secured by local funding commitments, Dulles Toll Road revenues, and federal grants and loans.
• Chicago Transit Authority (CTA) Underwriters’ counsel in connection with funding by CTA with tax-exempt bonds for the capital costs incurred by a private vendor for the development of an open standards fare system.
• Port of Oakland Special tax counsel for a 50-year concession held by Ports America Outer Harbor Terminal L.L.C. to finance $700 million in improvements to five berths, increasing capacity, and reducing the environmental impact of operations.
• TIFIA The Tappan Zee Bridge replacement; SR-91 Corridor Improvement Project — extension of the SR-91 toll lanes in Riverside County, California; Denver Union Station — development of major rail project in Colorado; Capital Beltway — financing of the first HOT lanes project in the United States and first use of SAFETEA-LU transportation private-activity bonds; SH130 — toll road financing in Texas under a concession agreement to build, operate, finance, and maintain the road; SR 125 — financing of toll road in Southern California and subsequent sale to SANDAG; and Pocahontas Parkway — first use of TIFIA’s refinance power under SAFETEA-LU.
• P3 Lenders’ Counsel The Goethals Bridge replacement; I-4 (Florida) — consortium in bid for highway project; Virginia Ports Authority — competing bid for procurement of long-term private contract to operate the authority; and I-595 — various financial institutions as lenders, underwriters, and insurers to finance the I-595 project in Broward County, Florida, using an availability payments structure.

Recognition

• Nixon Peabody was named by U.S. News/Best Lawyers® 2021 as “Law Firm of the Year” in Public Finance Law.
• Consistently ranked Top 10 in bond counsel, underwriter’s counsel, disclosure counsel, special tax counsel, and green bond counsel by Thomson Reuters.
• Nixon Peabody has been named a Tier 1 National firm by U.S. News – Best Lawyers® “Best Law Firms” in 2023 for Public Finance Law.
• Nixon Peabody was also named a First Tier metropolitan firm by U.S. News – Best Lawyers® “Best Law Firms” in 2023 for Public Finance Law in Rhode Island, Chicago, New York City, and Washington, DC, and for Municipal Law in Rochester.
• Ranked in Chambers USA for Public Finance.