Infra Insight Blog from Nossaman LLP https://www.infrainsightblog.com/ Sun, 09 Aug 2026 00:07:19 -0400 Texas Department of Transportation Executes Contracts for the Grand Parkway Segment B-1 Project https://www.infrainsightblog.com/texas-department-of-transportation-executes-contracts-for-the-grand-parkway-segment-b-1-project Josh Burke, Christine Ryan texas-department-of-transportation-executes-contracts-for-the-grand-parkway-segment-b-1-project Fri, 31 Jul 2026 09:00:01 -0400 On July 15, 2026, the Texas Department of Transportation (TxDOT) executed a design-build contract and associated capital maintenance contract for the SH 99 Grand Parkway Segment B-1 Design-Build Project in Brazoria and Galveston Counties. Ferrovial Construction-Webber 99 JV, a partnership between Ferrovial Construction US Corp. and Webber, LLC, was awarded the contracts following a two-phase best value procurement that commenced with issuance of a Request for Qualifications in January 2025.

The SH 99 Grand Parkway Segment B-1 Design-Build Project consists of four new SH 99 ...

]]> Learning Resources v. Trump: Limited Relief for Water Infrastructure Costs https://www.infrainsightblog.com/learning-resources-v-trump-limited-relief-for-water-infrastructure-costs Jill Jaffe, Christopher Luehs learning-resources-v-trump-limited-relief-for-water-infrastructure-costs Thu, 09 Jul 2026 09:00:02 -0400 A recent Supreme Court decision has raised important questions about the impact of federal tariffs on water infrastructure costs—but offers only limited relief for project owners. While the Court ruled that certain tariffs imposed under the International Emergency Economic Powers Act (IEEPA) were unconstitutional, most tariffs affecting key construction materials like steel, aluminum and copper remain in place under other authorities. As a result, the overall cost pressures facing water infrastructure projects persist.

The decision may lead to refunds for importers who ...

]]> Design Immunity and Alternative Delivery Projects https://www.infrainsightblog.com/design-immunity-and-alternative-delivery-projects Jill Jaffe, Cristina Mendez design-immunity-and-alternative-delivery-projects Thu, 25 Jun 2026 09:00:03 -0400 As public agencies increasingly turn to alternative delivery methods for water infrastructure projects, the application of California’s design immunity protections is becoming more complex. While design immunity traditionally shields public entities from liability when approved plans are reasonable and design changes are thoroughly documented, delegating both design and construction responsibilities to private developers can blur accountability and create new risks.

Maintaining design immunity protections may require agencies to stay actively involved in the ...

]]> Small Modular Reactors and Colorado’s Infrastructure Future https://www.infrainsightblog.com/small-modular-reactors-and-colorados-infrastructure-future Molly Mattison small-modular-reactors-and-colorados-infrastructure-future Thu, 21 May 2026 09:00:04 -0400 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 ... 

]]> America’s P3 Pulse Check https://www.infrainsightblog.com/americas-p3-pulse-check Aswini Endlur, Lolly Enriquez americas-p3-pulse-check Wed, 13 May 2026 09:00:05 -0400 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 ...

]]> Supreme Court Puts Brakes On Interstate Sovereign Immunity For State-Created Corporations https://www.infrainsightblog.com/supreme-court-puts-brakes-on-interstate-sovereign-immunity-for-state-created-corporations Josh Burke supreme-court-puts-brakes-on-interstate-sovereign-immunity-for-state-created-corporations Fri, 10 Apr 2026 09:00:06 -0400 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 ... 

]]> IEEPA Tariff Refunds: Who Really Owns the Money? https://www.infrainsightblog.com/ieepa-tariff-refunds Carol Sigmond ieepa-tariff-refunds Tue, 07 Apr 2026 09:00:07 -0400 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 ... 

]]> GAO’s 2025 Bid Protest Annual Report: Prevalent Reasons for Sustained Bid Protests and How to Avoid Them https://www.infrainsightblog.com/gaos-2025-bid-protest-annual-report-prevalent-reasons-for-sustained-bid-protests-and-how-to-avoid-them Josh Burke gaos-2025-bid-protest-annual-report-prevalent-reasons-for-sustained-bid-protests-and-how-to-avoid-them Thu, 19 Feb 2026 09:00:08 -0500 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 ... 

]]> UPDATED: States File New Lawsuit Challenging U.S. DOT Suspension of Electric Vehicle Charging Funding Programs https://www.infrainsightblog.com/states-file-new-lawsuit-challenging-u-s-dot-suspension-of-electric-vehicle-charging-funding-programs Ann-Therese Schmid states-file-new-lawsuit-challenging-u-s-dot-suspension-of-electric-vehicle-charging-funding-programs Thu, 29 Jan 2026 09:00:09 -0500 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 ... 

]]> UPDATED: United States Department of Transportation Issues Long-Awaited Disadvantaged Business Enterprise Program Interim Final Rule https://www.infrainsightblog.com/united-states-department-of-transportation-issues-long-awaited-disadvantaged-business-enterprise-interim-final-rule Ann-Therese Schmid, Adeyemi Ojudun united-states-department-of-transportation-issues-long-awaited-disadvantaged-business-enterprise-interim-final-rule Fri, 12 Dec 2025 09:00:10 -0500 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 … 

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