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Bob Gallagher

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Bob Gallagher has represented construction clients on projects up to $4.5 billion and in dispute proceedings across 31 states, the District of Columbia, Canada, South America, the Middle East, Europe, and Australia.

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Like much of the western and southwestern U.S., California has experienced drought conditions on and off for decades. Fortunately, the regulatory landscape is starting to catch up with water treatment technology, paving the way for states and localities to effectively create a new and reliable supply of potable water.Continue Reading How Construction Attorneys Can Help Entities Benefit From California’s Newly Adopted Potable Water Regulations

As readers of this blog know, public-private partnerships (P3s) have long been used to develop public infrastructure projects such as highways, bridges, tunnels, transit networks, convention centers and a host of other infrastructure projects. Can the P3 model also be used more extensively in the health care sector? In a recent article, Troutman Pepper’s…

This article was originally published in the November-December 2023 issue of Pratt’s Energy Law Report and is republished here with permission.

As the nation’s largest energy consumer, the U.S. federal government plans to curb greenhouse gas emissions across its expansive portfolio of more than 350,000 federal buildings. In a pioneering move, the Biden administration and Department of Energy (DOE) recently announced the Climate Smart Build-ings Initiative (CSBI). This bold initiative aims to upgrade federal buildings across the U.S. with emerging and sustainable technologies in an effort to meet the Biden administration’s Federal Building Performance Standard, which sets an ambitious goal to cut energy use and electrify equipment and appliances in 30% of the building space owned by the federal government by 2030.Continue Reading U.S. Government Plans to Leverage Public-Private Partnerships to Make Federal Buildings More Energy Efficient

Introduction

As the nation’s largest energy consumer, the U.S. federal government plans to curb greenhouse gas emissions across its expansive portfolio of more than 350,000 federal buildings.[1] In a pioneering move, the Biden administration and Department of Energy (DOE) recently announced the Climate Smart Buildings Initiative (CSBI).[2] This bold initiative aims to upgrade federal buildings across the U.S. with emerging and sustainable technologies in an effort to meet the Biden administration’s Federal Building Performance Standard, which sets an ambitious goal to cut energy use and electrify equipment and appliances in 30%of the building space owned by the federal government by 2030.[3]Continue Reading U.S. Government Plans to Leverage P3s to Make Federal Buildings More Energy Efficient

Introduction

America’s water infrastructure has long faced a critical need for funding and modernization. According to the American Society of Civil Engineers, there is a $105 billion funding gap for drinking water and wastewater infrastructure projected over the next two decades.[1] The Infrastructure Investment and Jobs Act (IIJA) addresses this issue head-on, allocating $55 billion to water infrastructure — the largest federal investment of its kind in the nation’s history.[2] However, the significance of the IIJA extends beyond its substantial funding. It distinguishes itself through a deliberate emphasis on efficiency, innovation, and collaboration in project delivery — a strategic focus that aligns seamlessly with the core principles driving successful public-private partnerships (P3s). As a result, the IIJA emerges as a catalyst, paving the way for the increased use of P3s in transforming America’s water infrastructure. This convergence of the IIJA’s ambitious objectives with the inherent advantages of P3s presents an extraordinary opportunity to revitalize our water systems, creating infrastructure that is resilient, sustainable, and capable of meeting future challenges.Continue Reading The Infrastructure Investment and Jobs Act: A Pivotal Moment for Water Public-Private Partnerships in the United States

The $1.2 trillion Infrastructure Investment and Jobs Act (IIJA) is poised to change how the United States views and implements public-private partnerships (P3s). At a high level, the IIJA encourages public entities to consider P3s and incentivizes private entities to engage in the P3 market by dismantling roadblocks that have prevented the widespread adoption of P3s in the U.S. — including by removing government red-tape, increasing the availability of federal funding, and delivering much needed technical expertise and guidance to successfully execute P3s. In this article, the first in a series, we explore (1) the doubling of private activity bonds, (2) a P3 technical assistance program for government agencies, (3) TIFIA driven value-for-money analyses, (4) the streamlining of important environmental reviews, and (5) the creation of a government reporting feedback loop on P3 projects.Continue Reading Federal Infrastructure Bill Paves the Way Toward More Transportation Infrastructure Public-Private Partnerships

The COVID-19 pandemic continues to impact the construction industry, and many countries continue to implement new or more stringent restrictions on entry into their borders. Those travel restrictions can impact any company with cross-border supply chains or employee travel. This article addresses some of the travel restrictions in place in the United States, Canada, and members of the European Union (EU); exceptions to those requirements; and some best practices when navigating across borders.
Continue Reading COVID-19 and Border Crossings: Considerations and Best Practices for Global Constructors and Suppliers Crossing US, Canadian, and European Borders

The Army Corps of Engineers denied a construction permit for Alaska’s Pebble Mine project to proceed in accordance with the Clean Water Act (CWA).[1] Excavation of Pebble Mine — a sprawling depository of gold, copper, and molybdenum — would discharge fill material and dredge into U.S. waterways.

The project’s developers applied for a permit under the CWA, requiring the Army Corps to assess the project’s potential impact on nearby bodies of water. When project-produced dredge and fill threaten unavoidable adverse impacts on waterways, projects may not proceed without appropriate mitigation measures.
Continue Reading Another Major Project Halted Under the Clean Water Act

Gov. Wolf’s businesses closure orders and the business waiver process recently came under fire from the Western District of Pennsylvania Federal Court and the Pennsylvania Auditor General Eugene DePasquale. Gov. Wolf’s prior orders forced nearly all activities of the construction industry to cease in-person operations.
Continue Reading Governor Wolf’s Life-Sustaining Business Orders and Waiver Process Under Fire

Updated October 27, 2020

On August 6, President Trump issued an executive order banning WeChat, a Chinese app developed by parent company Tencent Holdings Ltd. that combines the capabilities of other social media, ride sharing, and payment apps. The ban could potentially affect all forms of businesses, including global construction, manufacturers, and equipment suppliers performing business in China and the U.S. WeChat, with its over one billion users, is indispensable to some businesses, especially to those in China because mobile payment apps like WeChat reign supreme over other payment forms, and WeChat is now used as a primary means to communicate.
Continue Reading The WeChat Ban: Where We Are Now and How May It Impact International Construction, Manufacturers, and Equipment Suppliers