Transportation Facilities



We see opportunities for issuers, underwriters, private concessionaires and bankers who need to balance local, statewide and federal funding to maximize the tax-exempt financing opportunities.

Our approach

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, the first HOT lanes project, the first transportation Private Activity Bonds and the first refinancing under SAFETEA-LU.

We know how to create and combine secure revenue streams that can be leveraged effectively for the useful life of the revenue-producing project. Our multidisciplinary team gets the deal done—efficiently and effectively.

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

We work with

  • State and local governments
  • Transportation authorities
  • Lenders
  • Underwriters
  • Private concessionaires
  • Construction firms

Recent experience

  • Long-Term Bond Counsel and Underwriters’ Counsel Clients include New York’s Metropolitan Transportation Authority (North America’s largest transportation provider), including 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 in connection with 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 the negotiation of a TIFIA loan.
  • Tappen Zee Bridge Replacement: Counsel to TIFIA in connection with the replacement of the Tappen Zee Bridge in New York.
  • Transbay Joint Powers Authority: Finance counsel to the Transbay Joint Powers Authority in connection with its development of the “Grand Central of the West” project, including the replacement of the existing regional and local bus depot and the extension of regional commuter rail service and the development of high speed rail service from Los Angeles into this multi-purpose complex.
  • Washington, D.C. Metrorail Extension to Dulles Airport: Bond counsel to the Metropolitan Washington Airports Authority in connection with the two-phase 23-mile extension of Metrorail to Dulles International Airport secured by local funding commitments, Dulles Toll Road revenues and federal grants and loans.
  • Chicago Transit Authority: Underwriters’ counsel in connection with funding by CTA with tax-exempt bonds of 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 of improvements to five berths to increase capacity and reduce the environmental impact of operations.
  • TIFIA: In addition to the Tappen Zee Bridge replacement, our representation includes 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—the financing of the first HOT lanes project in the United States and the 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.
  • FRA Representation: Alameda Corridor Transportation Authority—loan to refinance existing indebtedness.
  • P3 Lenders’ Counsel: In addition to the Goethals Bridge replacement, includes I-4 (Florida) —representation of consortium in bid for highway project; Virginia Ports Authority—competing bid for procurement of long-term private contract to operate Virginia Ports Authority; and I-595—represented various financial institutions as lenders, underwriters and insurers to finance the I-595 project in Broward County, Florida, using an availability payments structure.
  • GARVEES: Bond counsel to the Commonwealth of Massachusetts and underwriters’ counsel in connection with State of Washington issuances.
  • IH-635: We represented the ING team as debt counsel in connection with their proposal to finance the 17-mile IH-635 LBJ Managed Lanes project in Dallas, Texas.
  • Port of Miami Tunnel Project: We served as counsel to Miami Mobility Group Consortium, a joint venture consisting of ACS Infrastructure Development, Inc.: Odebrecht Investimentos em Infraestrutura Ltda.; and Parsons Transportation Group, in structuring a tax-exempt private activity bond in an availability payments structure.

First-half muni issuance was down in the Northeast

The Bond Buyer | August 18, 2017

This coverage notes Nixon Peabody’s jump from ninth to fourth place in Thomson Reuters’ list of top bond counsel for Northeast bond issuance for the first half of 2017.

  • Recognized by U.S. News-Best Lawyers 2016 as a national Tier 1 leader for Public Finance Law
  • Consistently ranked by Thomson Reuters among the top bond counsel and underwriter’s counsel in the country, and among the most active disclosure and special tax counsel
  • In five of the last seven years, nominated as a finalist or winner as counsel to “Deals of the Year” by The Bond Buyer, the municipal market’s paper of record
  • Project Finance magazine’s “North America Leisure Deal of the Year 2006” for the financings in connection with Yankee Stadium and Citi Field
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