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Public Policy and Legislative |
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Home > Practice
Areas > Public Policy & Legislative
More than ever, the interests of our clients are directly and powerfully affected by the policies, decisions and actions of the federal government. At Spiegel & McDiarmid, we not only assist clients in complying with the law, we help them shape it. Clients who engage in the federal decision-making process can help ensure that federal mandates support local goals without imposing unnecessary costs and challenges.
Clients draw upon our expertise in specific areas of law such as energy, public utilities, transportation, infrastructure development, communications, water, land use, environmental, and more, as Spiegel & McDiarmid is home to skilled professionals with extensive experience in working with Congress and the Executive Branch. Our Public Policy lawyers assist clients in communicating their views and priorities to key Washington policymakers and lawmakers, teaming with clients to develop winning strategies for dealing with the federal government. We help make clients’ goals legislative priorities, protect their interests in the regulatory process, and obtain the funding and resources necessary for success. In some cases, we help clients develop and implement a coordinated strategy of litigation and legislative action to achieve key objectives.
The firm’s attorneys have assembled an impressive record of solid results, including:
- In the energy field, we were at the center of the debate over key electricity provisions of the Energy Policy Act of 2005, as we were in the Energy Policy Act of 1992 and most of the earlier amendments to the Federal Power Act. Since the firm’s founding, we have played a direct role in shaping legislative provisions on electricity industry restructuring to ensure fair transmission access for consumer-owned utility systems. In the most recent energy bill, we were particularly involved in the development of the Native Load/Service Obligation provision, designed to protect existing transmission rights, as well as to facilitate the planning and expansion of the grid to meet the needs of load-serving entities and to ensure their ability to secure long-term transmission rights for long-term power supply arrangements. Other provisions in which we were directly involved include the reliability title, which authorized enforceable, mandatory reliability standards. Our client the Transmission Access Policy Group ("TAPS" at www.tapsgroup.org), an informal association of transmission dependent utilities in more than thirty states, also continues to be a leader in a coalition of public and private utilities, large customers, independent transmission companies and others that oppose provisions that would mandate "participant funding" for pricing transmission upgrades, an approach at odds with creation of the robust transmission infrastructure required to reliably support competitive bulk power markets.
- We assist clients in crafting legislative programs that will increase their influence at the local, regional, state and federal levels. Our clients often form groups that deal with large legislative projects on a cost-sharing basis.
- We have assisted clients in the framing and passage of legislation required to permit them to undertake actions that would otherwise have required lengthy and expensive litigation or which would otherwise have been precluded.
- We have drafted and assisted in obtaining passage of amendments to the Antitrust Laws.
- With our thorough knowledge of Congressional transportation policy and federal law, we provide timely legal counsel and strategic policy advice on the spectrum of federal aviation issues and airport operational matters. Our experience representing public airport sponsors on federal legal and legislative aviation matters equals or exceeds that of any other law firm in the country, regardless of size. Regarding airport government affairs, we have substantial experience and expertise in the following areas: airport governance, airport rates and charges, aviation authorizing legislation, annual appropriations, competition plans, environmental issues, federal grants, noise mitigation, PFC matters, reliever airport issues, revenue use issues, and security issues.
- The firm has served as the National League of Cities’ legislative counsel in telecommunications matters and has been actively involved in representing local government interests before Congress on pending legislation that proposes to drastically change the cable franchising process. Firm attorneys participated directly on behalf of several municipal clients in lobbying before Congress that led to the amendments of the 1984 Cable Act made by the Cable Television Consumer Protection and Competition Act of 1992, and they subsequently represented the National League of Cities in lobbying that led to the 1996 Act. Firm attorneys also represented the League in negotiations with industry that led to the Mobile Telecommunications Sourcing Act of 2000, 4 U.S.C. §§ 116-126, which established a simplified and uniform means for states and local governments to tax wireless telecommunications services.
- The firm manages the National Association of Local Government Environmental Professionals (NALGEP), which represents 150 local governments and promotes federal environmental policies that meet local needs. NALGEP works with local and federal officials to promote innovative approaches to brownfields revitalization, smart growth, clean air, clean water, waterfront revitalization, Superfund, petroleum cleanup, and other critical environmental issues.
- The firm has helped cities, towns and counties obtain substantial funding and resources from Congress and federal agencies, including the Environmental Protection Agency, the Department of Energy, the Department of Transportation, the Department of Housing and Urban Development, the Department of Interior, the Army Corps of Engineers, the Economic Development Administration, the National Oceanic and Atmospheric Administration, the Federal Home Loan Bank system, the U.S. Forest Service, and other agencies. We have also worked with client cooperatives to obtain and assure compliance with funding from the Rural Utilities Service of the U.S. Department of Agriculture.
- We organized and led a national coalition of more than 300 municipalities and a half dozen trade associations that led to changes to the federal Superfund toxic cleanup law to provide broad liability relief to local governments.
- We have obtained legislative authority for many activities engaged in by cities and states.
- We have obtained resources and regulatory incentives to help green technology companies promote new, environmentally preferable products.
The Firm’s Public Policy lawyers conduct a variety of activities for clients, including:
- Monitoring legislative and regulatory activities and providing summaries to clients;
- Providing advance notice of public policy opportunities so that clients can operate proactively;
- Promoting legislative authorizations for community development, infrastructure, energy, environmental, and technology goals;
- Obtaining Congressional appropriations and agency resources for projects and programs;
- Assembling coalitions to promote legislative, agency and grassroots results;
- Educating federal and state decision-makers on issues and priorities;
- Overseeing media and public relations campaigns to support policy and project objectives;
- Tracking legislative and regulatory developments;
- Obtaining opportunities to testify before Congress and preparing clients for such Congressional testimony;
- Building relationships with key government decision-makers; and
- Coordinating client visits and advance work in Washington, DC.
Spiegel & McDiarmid offers a broad-based capability to develop creative strategies and tangible results for our clients. |
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