Winter 2024
Message From the Chair
Emily D. Anderson, Partner, Sheppard, Mullin, Richter & Hampton LLP
Division 10 Chair
Dear Division 10 Members,
I hope this message finds you well. As we transition into the new season, it is an opportune time to reflect on the outstanding contributions, collaborations, and camaraderie that have defined Division 10’s engagements with the ABA Forum on Construction Law during the past year.
A lot has happened since my last update as chair.
For one, at the Forum’s Fall Meeting in Washington D.C., the Governing Committee voted to officially change Division 10’s name to “Infrastructure, Energy and the Environment”. By replacing the word “transportation” with “infrastructure”, our name now more adequately describes the make-up of our Division 10 member base, which is broader than simply serving transportation infrastructure, energy projects and environmental issues.
In fact, our lunch program at the 2023 Fall Meeting highlighted new developments in one area of construction infrastructure that our division serves: telecommunications. Tim Schneider, Chief Legal Officer of Tilson Technology Management, and Dave Thomas, Partner at Sheppard Mullin, led Division 10’s lunch program with an enlightening presentation about the recent federal funding allocations for the construction of telecommunications infrastructure in underserved areas, including the Consolidated Appropriations Act providing for $288 million in Broadband Infrastructure Deployment Grants, the American Rescue Plan Act allocating $10 billion for projects, including broadband, and the Infrastructure Investment and Jobs Act appropriating $42.45 billion for broadband deployment, mapping, and adoption projects. Tim and Dave also discussed challenges of deploying government-funded fiber, such as new statutes, staff, requirements, and scrutiny from the National Telecommunications and Information Administration, as well as state-specific procurement rules and restrictions from State Broadband Offices, and general compliance obligations. This is a crucial issue for our industry and our nation, and I am proud of our Division’s role in leading the conversation.
Also, in Washington D.C., Division 10 competed in a cornhole competition, generously hosted and sponsored by Pillsbury at their office in D.C. While we were admittedly a bit lax in the bookkeeping of the games, at least one round was recorded….and I am proud to say that Division 10 emerged victorious!
Our active engagement continued into the Forum’s Midwinter Meeting, where Division 10 was on full display given that the program focused on the construction of power projects and similar complex constructions – right in our wheelhouse. The programming ranged from the future of U.S. energy projects as we move to net zero, best practices for managing claims on megaprojects, the risks involved in project financing of energy and megaprojects and strategies to project construction clients given these risks, insurance solutions for megaproject risk management and ethical considerations when representing joint ventures. Many of us served as speakers (Erin Fallon, Regina Pearson, Amanda MacVey and myself) and session coordinators (Lexie Pereira), and one of our members, Carrie Okizaki, was responsible for the entire program serving as a co-program chair. This reaffirmed our Division’s reputation as a hub of knowledge and expertise, and underscored the depth of talent within our Division.
Another memorable moment was the Division 10 lunch program, jointly sponsored with Divisions 4 and 5, delivered by Kristin Santamont of Bechtel Corporation, which focused on the construction of the Ivanpah Solar Electric Generating System. This ambitious project has had a significant impact on commercial solar thermal energy generation in the United States and the insights shared were truly inspiring.
Lastly, our social event with Divisions 4, 6 and 13 at Meow Wolf’s Omega Mart was an enjoyable and unique experience. It was a wonderful opportunity to connect with colleagues outside of the professional setting, and I am grateful to everyone who attended and made the event a success.
In closing, I want to express my deepest gratitude to every Division 10 member for their continuous dedication, collaboration, and participation. Our strength lies in our collective knowledge and commitment to the industry. Let's continue to share, learn, and grow together!
Best,
Emily Anderson
Chair, Division 10
ABA Forum on Construction Law