Infra Insight Blog

Small modular reactors (SMRs), a type of advanced nuclear reactor, are gaining renewed attention for their ability to deliver firm, dispatchable power with a smaller footprint and potentially shorter construction timelines than traditional nuclear plants. While SMRs are still in the early stages of commercial deployment in the United States, recent policy developments in Colorado and the greater Mountain West indicate a growing interest among major infrastructure operators in the possibility that advanced nuclear technologies may play a role in the region’s long-term energy infrastructure planning ... 

The Global Infrastructure Investor Association (GIIA), together with the P3 Bulletin, has recently published its “P3 Report Card,” which grades the readiness of each state of the United States to improve its infrastructure using the public-private partnership (P3) model.

The report card aims to increase conversation among state officials about the use of the P3 model and showcase the role the private sector can play in creating new and improved infrastructure. It arrives at a pivotal moment for American infrastructure. Across the United States, aging transportation ...

In Galette v. New Jersey Transit Corporation, 146 S. Ct. 854 (2026), the United States Supreme Court held that New Jersey Transit Corporation (NJ Transit) is not an arm of the state of New Jersey and is therefore not entitled to New Jersey’s interstate sovereign immunity. This decision may have implications for how states structure and utilize state-created corporate entities going forward ... 

Since the Supreme Court invalidated the International Economic Emergency Powers Act (“IEEPA”) tariffs, refunds are on everyone’s mind.  Learning Resources, Inc. v. Trump, 607 U.S. ___, No. 24-1287 (2026).  Recent estimates are that Customs and Border Protection (“CPB”) collected between $166 billion and $182 billion in IEEPA (“reciprocal”) tariffs.  Public officials at all levels of government are demanding refunds be distributed to consumers who ultimately bore these costs ... 

The Government Accountability Office’s (GAO) annual report on federal bid protests includes useful insights into federal procurement trends that can help state and local government agencies mitigate bid protest risks. Among other findings, the GAO’s 2025 fiscal year report identified unreasonable technical evaluation, unreasonable cost or price evaluation, and unreasonable rejection of proposal as the three most prevalent reasons for sustained protests. Examining the cases identified by the GAO as exemplars for each of those reasons can help public owners understand procurement practice pitfalls that could expose them to protest ... 

The United States District Court for the Western District of Washington on January 23, 2026, granted a motion for summary judgment to 20 states and the District of Columbia (the “Named Plaintiffs”) related to the United States Department of Transportation’s (U.S. DOT) and Federal Highway Administration’s (FHWA) (collectively, the “Defendants”) suspension of the National Electric Vehicle Infrastructure Formula Program (the “NEVI Program”) funding and revocation of FHWA-approved State Electric Vehicle Infrastructure Deployment Plans (the “State Deployment Plans”), required as a prerequisite for obligation of NEVI Program funds ... 

On December 1, 2025, the United States Department of Transportation (U.S. DOT) published an updated frequently asked questions (FAQs) on the October 3, 2025 Interim Final Rule (IFR) for the Disadvantaged Business Enterprise (DBE) program, which eliminates the race- and gender-based presumption of disadvantage for businesses applying for DBE certification … 

The National Electric Vehicle Infrastructure (NEVI) Formula Program (the “NEVI Program”) was established by the Infrastructure Investment and Jobs Act (IIJA), Public Law 117-58 and was authorized under paragraph (2) under the Highway Infrastructure Program heading in title VIII of division J of the IIJA. The NEVI Program provides $5 billion of funding to States to deploy electric vehicle (EV) charging infrastructure and establish an interconnected network to facilitate data collection, access, and reliability. Although States are required to prioritize the allocated funding to infrastructure acquired or installed along designated EV Alternative Fuel Corridors (AFCs), any remaining funding may be used for EV charging infrastructure on any public road or in other publicly accessible locations when the State determines and the Secretary certifies that AFCs in a State are fully built out ... 

The U.S. Environmental Protection Agency (EPA) has updated the federal requirements for the Water Infrastructure Finance and Innovation Act (WIFIA) Program through more than a dozen changes to the WIFIA Borrower Guide to Federal Requirements (Borrower Guide) and the WIFIA Specification Package and Bid Contract Language (Bid Contract Language). While some changes are minor, others will likely have major impacts on project owners and developers ... 

In light of recent Executive Orders issued by President Trump concerning tariffs, countries around the world—including the United States—have been forced to reassess existing trade and contractual frameworks. The construction industry in particular faces heightened uncertainty due to the risk of disruption of project timelines and budgets.

In an article for Nossaman’s California Water Views – 2025 Outlook, we examine how construction contracts should proactively address tariff-related risks, especially through the careful drafting of force majeure provisions ...