Ashley Remillard advises clients on the National Environmental Policy Act and the Endangered Species Act with respect to significant contributors to ecosystem decline in the Sacramento-San Joaquin Delta. Ms. Remillard also works on issues pertaining to the development of habitat conservation plans under the ESA, including the development of the Bay Delta Conservation Plan and the related NEPA analysis.
Ms. Remillard's environmental experience is complemented by her experience in public agency and public contract law, construction and procurement law, and innovative project delivery methods. Prior to joining Nossaman's Environment & Land Use Practice Group, she was a member of the firm's Infrastructure Practice Group. As a member of that group, she has been the primary associate on large-scale public procurements requiring client contact, day-to-day project management, and coordination of document production. Her responsibilities included drafting procurement and contract documents for design-build and public-private partnership projects. She was also a member of the team working for the Los Angeles County Metropolitan Transportation Authority on possible use of public-private partnerships for development of transit projects.
Consolidated Delta Smelt Cases, 717 F. Supp. 2d 1021 (E.D. Cal., 2010) Represent plaintiffs Coalition for a Sustainable Delta and Kern County Water Agency in consolidated actions challenging the U.S. Fish and Wildlife Service's 2008 biological opinion for continued operations of the State Water Project and Central Valley Project on the grounds that the Service violated the Administrative Procedure Act and Endangered Species Act when it issued that opinion. The challenge resulted in a memorandum decision granting, in part, summary judgment in favor of plaintiffs on numerous grounds, and the court remanded the biological opinion and issued a stipulated order governing Project operations through June 2011.
Consolidated Salmonid Cases, E.D. Cal. Case No. 09-1053 Represent plaintiffs Kern County Water Agency and Coalition for a Sustainable Delta in consolidated actions challenging the National Marine Fisheries Service's biological opinion for continued operations of the State Water Project and Central Valley Project on the grounds that the Service violated the Administrative Procedure Act and Endangered Species Act when it issued that opinion. A decision on cross motions for summary judgment is pending in the matter.
Georgia Department of Transportation – West by Northwest Project. Key member of the team advising GDOT on its first P3 project under its new P3 program. The project is comprised of a concession to design, construct, finance, operate and maintain a 29-mile segment of managed lanes along I-75 and I-575, and a pre-development agreement for an additional 27-mile segment of managed lanes along I-285 West and I-20 West. Ms. Remillard drafted the request for qualifications, prepared responses to written questions from proposers and was one of the attorneys primarily responsible for drafting the request for proposals.
Florida Department of Transportation – I-595 Corridor Roadway Improvements. Served as an integral member of the legal team on the procurement for redevelopment of a 10.5-mile section of the I-595 corridor in the Ft. Lauderdale area. The 35-year, design, build, finance, operate, and maintain concession was awarded on a best-value basis to a team led by ACS Infrastructure Development. This $1.8 billion project closed financing in March 2009 and is the first project in the U.S. transportation sector to use an availability payment compensation structure. Work included comprehensive legal and procurement assistance, drafting procurement documents, reviews for federal compliance and assistance with proposal evaluation. The American Road and Transportation Builders' Association named the project its 2009 Project of the Year and Project Finance named it 2009 North American Transport Deal of the Year.
Florida Department of Transportation – Port of Miami Tunnel. Key member of the team assisting with the procurement of a PPP for the development and operation of a bridge and tunnel project linking the I-395 with the Port of Miami facilities on Dodge Island with MacArthur Causeway and I-395 via a tunnel under Biscayne Bay. The Department selected a team led by Bouygues Travaux Publics as the preferred bidder for the $900 million concession agreement with a 35-year concession term. The project closed financing in October of 2009 and is the second PPP in the U.S. transportation sector to use availability payments as the compensation mechanism. Work included comprehensive legal assistance, including drafting contract documents and research regarding federal compliance. The project was named the 2007 Project of the Year by the American Road and Transportation Builders Association, both the 2009 Global Deal of the Year and North American PPP Deal of the Year by Project Finance Magazine, as well as the 2009 Americas PPP Deal of the Year by Project Finance International.
California Department of Transportation – PPP Program. Key member of the legal team that assisted Caltrans with developing its PPP program under Senate Bill 4 (SBX2 4). Tasks included legal analysis of provisions in SBX2 4, drafting selection criteria for candidate projects and analysis of the role of the California Transportation Commission with respect to the PPP program and development of a programmatic implementation schedule.
California Department of Transportation – Presidio Parkway Project. Key member of the team that advised Caltrans on the procurement of a PPP to develop the 1.5 mile Presidio Parkway, which will connect the City and County of San Francisco with the Golden Gate Bridge. Work included developing the procurement schedule, assisting with the coordination of project-related workshops and drafting procurement documents.
Washington State Department of Transportation – Alaskan Way Viaduct. Member of the team responsible for drafting the design-build contract for the Alaskan Way Viaduct project. The project is a $4.2 billion waterfront-tunnel to replace the existing elevated section SR-99 and Seawall in downtown Seattle. Financing includes $2.4 billion in committed funding from state gas taxes, federal funding, $700m in toll financing and $300m from the Port of Seattle.