Infrastructure & Regionalization

Overview

From Georgia to Washington, DC, rapid growth and major economic-development opportunities are colliding with aging utility and transit systems, rising compliance and inflationary pressures, and state and federal funding incentives that favor regionalization. Parker Poe helps clients with these complex projects that require coordination among multiple public entities, authorities, utilities, and private stakeholders.

Our cross-disciplinary team has advised on what public and private sector clients need to bring these projects to life and set them up for long-term success through collaborative governance models. We have provided comprehensive counsel on the creation and operation of regional water and wastewater systems, interlocal cooperation for public transit and creation of regional authorities, and infrastructure to support economic development megasites.

Across the board, clients have emphasized how our partnership goes beyond each project's discrete legal needs, as we also help them figure out creative solutions and build consensus across what can be competing interests.

Areas of Focus

Regionalization and P3s

We have extensive experience drafting and negotiating interlocal agreements and working across municipal government boundaries to bring a project to life. This includes creating governance structures for regional authorities or other decision-making bodies that incorporate local governments, private-sector business, and combinations of the two via public-private partnerships (P3s).

Funding, Finance & Incentives

Our team has decades of experience advising local governments on public finance alternatives, serving as both a counselor and an advocate to bring the funding for large-scale public projects to fruition. We bring additional insight into funding for these projects through one of our team members' experience serving on the NC Board of Transportation, including nine years as chair of its Finance Committee.

Real Estate

Our team has structured, negotiated, and closed complicated real estate transactions, including involving transfers of large infrastructure systems from one local government to another. We also guide clients through land use and zoning, as well as any other real estate complications that can be part of these projects.

Environmental Compliance & Permitting

Environmental compliance and permitting can drive the timeline, risk profile, and cost of infrastructure projects, particularly where systems are consolidating or where legacy issues must be resolved to allow service expansion. With water and wastewater systems, for example, we help clients navigate the complex legal and technical issues presented by per- and polyfluoroalkyl substances (PFAS) and other emerging compounds such as 1,4-dioxane and microplastics.

Our work includes negotiating with state agencies to ease transitions during mergers and consolidations so that acquiring jurisdictions are not penalized for prior permit issues, as well as counseling on approvals needed for major water and wastewater planning decisions, including interbasin transfer certificates.

Construction & Contracting

Clients turn to our construction attorneys for a holistic solution to their legal needs. From contract preparation to business counseling to dispute resolution, our team has significant experience at every stage of construction projects.

A particular focus of our infrastructure practice is advising public entities on contracting and project-delivery requirements for major infrastructure projects, including water and wastewater systems, roads, bridges, and other transportation assets. We counsel clients on delivery methods such as traditional design-bid-build, design-build, design-build-bridging, and construction manager/general contractor (CMGC, an innovative method that has been used for complex rebuild projects). We also advise on compliance with state and federal procurement requirements that can shape project execution.

Our team also advises on the preparation of public requests for proposals (RFPs) and qualifications (RFQs), and on the regulatory and funding conditions that accompany publicly funded infrastructure projects, including DOT-related procurement and compliance obligations. In North Carolina, this includes advising local government units on public contracting requirements for wastewater projects and compliance with the North Carolina Mini-Brooks Act.

Asset Transfers & Transactions

Our attorneys draft, negotiate, and close asset and purchase agreements for utility system transfers, consolidations, and other strategic acquisitions and divestitures that support long-term operations. We coordinate closely with our regulatory, environmental, real estate, and finance teams so the deal terms align with approvals, funding requirements, and project timelines.

Utilities Commission Representation

When private utilities are involved, regionalization and consolidation efforts can require complex regulatory approvals. We guide clients through proceedings before state Utilities Commissions and the regulatory pathways that can determine whether a project is viable on the desired timeline.

State Government Relations & Lobbying

We help clients navigate the state-level relationships that often shape infrastructure outcomes, whether that means coordinating with Commerce Departments or other agencies, supporting state policy objectives related to economic development, or lobbying for legislative changes to remove barriers and foster regional solutions.

Representative Experience

Public owners and authorities, as well as private sector clients whose projects depend on public infrastructure, approvals, or public-private partnerships, turn to Parker Poe not only for discrete legal advice, but for practical counsel on aligning governance, funding, approvals, delivery, and stakeholder interests so complex infrastructure projects can move forward.