Marc Lemon is an infrastructure, public-private partnerships, and capital markets attorney who represents developers, owners, and lenders in infrastructure and public-private partnership (P3) projects. He is one of the few practitioners in the U.S. market with experience in transactional, federal regulatory, and public policy aspects of infrastructure and public-private partnerships.  He is also one of the few practitioners in the U.S. who has represented clientele on all three sides of the deal table – owner, developer/concessionaire, and lender. Mr. Lemon’s deal credentials include several “first-of-their-kind” projects in the U.S. ranging in value from $100 million to over $5 billion.

A former presidentially appointed Chief Counsel to the Federal Highway Administration, Mr. Lemon served as lead advisor to the FHWA Administrator and the Secretary of Transportation on Public-Private Partnerships where he advanced many initiatives in various programs such as TIFIA, private investment at border crossings, the USDOT Credit Council, and creation of what is now the Build America Bureau. His deal credentials include extensive experience with both transportation and social infrastructure projects. He has extensive experience on transportation megaprojects involving highways, bridges, railroads, airports, transit systems, and ports, including extensive work in the TIFIA, PABs, and TIGER Programs.

Mr. Lemon’s social infrastructure and utility infrastructure experience includes extensive work on megaprojects involving energy facilities, including pipelines, transmission, storage and refinement facilities, fiber optic and telecommunications systems and networks, public use buildings, courthouses, schools, military housing, alternative energy systems and facilities, water and wastewater systems, parking garages, and other public development projects that contain a private investment component. In addition, Mr. Lemon was the Director of a Presidential Transition Team for Infrastructure and Public-Private Partnerships and led the USDOT Landing Team.

Since returning to the private sector in 2009, Mr. Lemon has served as counsel on multiple first-of-their-kind, landmark P3 transactions, including: (i) the Kentucky Fiber Optic Network P3, the first statewide fiber optic network P3 in the U.S. market and recipient of the Bond Buyer’s “Deal of the Year Award”; (ii) the first local P3 in the Commonwealth of Pennsylvania involving redevelopment of 33 local bridges in a “bundling” project; (iii) the Post-Panamex expansion of the Port of Gulfport’s rail lines using a first round TIGER Grant; (iv) privatization of distressed assets in the City of Harrisburg under special state authority; (iv) P3s involving private operation of air traffic control towers; and (v) a P3 proposal involving private operation of a state DOT’s Intelligent Transportation System.

Based in Washington, DC, Mr. Lemon’s P3 practice includes extensive representation of:

  • Developers
  • Concessionaires
  • Owners and Municipalities
  • Operators
  • Bid Teams
  • Equity Investors
  • Lenders, Banking Institutions, and Underwriters
  • Contractors and Subcontractors
  • Project Advisors
  • Transportation Authorities
  • Railroads
  • Ports
  • State DOTs
  • Energy and Telecommunications Developers
  • Courthouse and Public Facility Developers
  • Federal and State Contractors

Civic and Professional Activities

Civic Activities

  • Major (Ret.) U.S. Army Reserve JAG Corps 1998-2010 (MIRC, Fort Belvoir, VA 2005-2010; 153rd LSO 1998-2005; Deputy Chief of Staff, Pentagon IG 2002-2003)
  • St. John’s Church, Lafayette Square
  • Georgetown Lutheran Church
  • Soldiers to Sidelines

Professional Activities

  • American Road and Toll Builders Association (ARTBA)
  • American Association of State Highway Transportation Officials (AASHTO)
  • National Council of Public Private Partnerships (NCPPP)
  • Infra Americas US P3 Infrastructure Forum (Infra Americas)
  • International Bridge, Tunnel and Turnpike Association (IBTTA)
     

Honors and Awards

  • Recipient of the Meritorious Service Medal of the Army, the Army Commendation Medal, and Army Achievement Medal.

Speeches, Interviews, Testimony and Publications

  • "President Trump Agrees to $2 Trillion Infrastructure Spending Plan," Inframation News, quoting Marcus J. Lemon, April 30, 2019.
  • "Energy Outlook: Stalled Energy Pipelines Await Trump Miracle," Inframation News, quoting Marcus J. Lemon, April 17, 2019.
  • “1Q19 League Tables US and Canada: Data and Pipelines Drive Deal Volume”, Inframation News, quoting Marcus J. Lemon, April 11, 2019.
  • “New Jersey Infrastructure Assets Could Attract Interest, Observers Say”, Infra Americas P3 News Service, quoting Marcus J. Lemon, February 19, 2019.
  • “Bipartisan bill will boost TIFIA program”, Infra Americas P3 News Service, quoting Marcus J. Lemon, November 19, 2018.
  • “Gubernatorial election results to have large impact on infrastructure”, Infra Americas P3 News Service, quoting Marcus J. Lemon, November 8, 2018.
  • “Midterm results may pave way for major infrastructure bill”, Infra Americas P3 News Service, quoting Marcus J. Lemon, November 8, 2018.
  • “Nelson Mullins Bolsters Infra Practice After Merger with Florida Firm”, Infra Americas P3 News Service, mentioning Marcus J. Lemon, August 6, 2018.
  • “Infrastructure Draft Legislation Encourages Asset Recycling, Federal Building P3s”, Infra Americas P3 News Service, quoting Marcus J. Lemon regarding the Shuster Infrastructure Proposal, July 25, 2018.
  • “P3 Chair Leaves Polsinelli For Nelson Mullins Ahead of Florida Merger”, National Law Journal, quoting Marcus J. Lemon regarding P3 market, July 16, 2018.
  • “Nelson Mullins Hires P3 Attorney”, Infra Americas P3 News Service, quoting Marcus J. Lemon regarding merger of Nelson Mullins with Broad & Cassel, July 3, 2018.
  • “Trump plan to divest airports, highways faces complications”, Infra Americas P3 News Service, quoting Marcus J. Lemon, February 14, 2018.
  • “President Trump Says His Infrastructure Plan Would 'Empower' States. But Some Argue It Would Hurt Them”, Fortune Magazine and Time Magazine interview quoting Marcus J. Lemon, February 12, 2018.
  • “White House: P3 Remains An Option, Though Not A Silver Bullet”, quoting Marcus J. Lemon, Infra Americas, January 10, 2018.
  • “Congressional Committee Says PAB Elimination Jeopardizes Jobs”, quoting Marcus J. Lemon, Infra Americas, November 17, 2017.
  • “Trump administration revamps federal grant program”, quoting Marcus J. Lemon, Infra Americas, June 29, 2017.
  • “Trump budget expands TIFIA and PABs”, quoting Marcus J. Lemon on the proposed budget, Infra Americas, May 24, 2017.
  • “Broadband P3s bridge the digital divide”, quoting Marcus J. Lemon on fiber optic P3s in the U.S., Infra Americas, May 19, 2017.
  • “Industry skeptical on federal gas tax raise for infra”, quoting Marcus J. Lemon on President Trump’s comments on the Federal fuel tax and tolling, Infra Americas, May 3, 2017.
  • “News Analysis: How the presidential nominees’ infra plans could become reality”, quoting Marcus J. Lemon on how to fund the various Presidential candidates’ transportation proposals, Infra Americas, November 4, 2016.
  • “News Analysis: Grantors look to unsolicited proposals for new projects”, quoting Marcus J. Lemon on the value of unsolicited P3 proposals in the U.S. market, Infra Americas, June 24, 2016.
  • “Pennsylvania County extends deadline for bridge replacement RFP”, discussing consortium team lead by Marcus J. Lemon for 33 bridge bundling P3, Infra Americas, June 8, 2016.
  • “PennDOT Selects P3 Advisors”, announcing Marcus J. Lemon and Polsinelli as P3 counsel for PennDOT, Infra Americas, May 2, 2016.
  • “TIFIA changes may not disrupt P3 pipeline”, quoting Marcus J. Lemon on TIFIA funding under FAST Act, Infra Americas, April 20, 2016.
  • “PA County Issues RFP For Bridge Project”, quoting Marcus J. Lemon as lead counsel for consortium proposer on P3 project involving 33 bundled bridges, Infra Americas, April 8, 2016.
  • “Former FHWA Official Says Tolls and VMT Fees Should Replace Fuel Taxes”, quoting The Hill Op-Ed by Marcus J. Lemon, Toll Roads News, December 16, 2015.
  • “How User-Pay Systems Can Help DC Drivers”, Op-Ed by Marcus J. Lemon discussing highway funding through tolling, The Hill, December 15, 2015.
  • “And the Deal of The Year Goes To…”, discussing the Deal of the Year Award to the Kentucky Dark Fiber Network P3, of which Marcus J. Lemon was state P3 Counsel, Bond Buyer, December 3, 2015.
  • “Pennsylvania Board Approves Two P3 Projects”, discussing Marcus J. Lemon as consortium counsel to the Northampton Partners project replacing 34 bundled bridges in Pennsylvania as the state’s first local P3, Infra Americas, November 25, 2015.
  • “House leaders introduce six-year transportation bill”, Quoting Marcus J. Lemon on proposed House Reauthorization Bill, October 21, 2015, Infra Americas.
  • “Moody’s expects the US government to continue to use P3s in sectors beyond transportation, including justice, education water and waste water”, reporting on a new Moody’s report that cites to Marcus J. Lemon’s Kentucky Wired Fiber Optic P3 Deal as a catalyst for diverse P3s in the USA, September 24, 2015, Infra Americas.
  • “Kentucky Closes Broadband P3”, quoting Marcus J. Lemon as counsel to Commonwealth of Kentucky for a $1.1 Billion USD fiber optic network P3, September 4, 2015, Infra Americas.
  • “Obama Signs Highway Trust Fund Extension”, quoting Marcus J. Lemon as former FHWA Chief Counsel, June 3, 2015, Infra Americas.
  • “Report on Wyden PAB Amendment”, quoting Marcus J. Lemon, on the Wyden Amendment proposing an increase in PAB Program size and scope, May 6, 2015, Infra Americas.
  • “Report on U.S. Treasury Whitepaper On P3s and Alternative Finance Proposals,” quoting Marcus J. Lemon, April 23, 2015, Infra Americas.
  • “TIFIA program progresses despite criticism”, quoting Marcus J. Lemon on the progression of the TIFIA Program at USDOT, Infra Americas, April 10, 2015.
  • “Infrastructure funding amendment fails in US Senate”, quoting Marcus J. Lemon on the status of financing for the surface transportation program, Infra Americas, March 27, 2015.
  • “News Analysis: Congress Finds Common Ground On Infra”, quoting Marcus J. Lemon on the status of various funding options for the Surface Transportation Reauthorization Bill, Infra Americas, March 16, 2017.
  • “Washington Sharpens Its Focus On P3s”, quoting Marcus J. Lemon on the latest P3 initiatives of the Obama Administration, Infra Americas, September 24, 2014.
  • “Federal transportation legislative outlook uncertain”, quoting Marcus J. Lemon on short term transportation funding bill’s effect on P3s, Infra Americas, August 13, 2014.
  • “Lemon Joins Polsinelli To Build P3 Practice”, interviewing Marcus J. Lemon on the status of P3s in the United States, Bond Buyer, April 22, 2014.
  • “People on the Move”, interviewing Marcus J. Lemon on Polsinelli’s P3 practice, Washington Business Journal, April 16, 2014.
  • “Polsinelli Hires P3 Attorney”, interviewing Marcus J. Lemon on status of P3s in the United States, Infra Americas, April 2, 2014.
  • "Obama Infra Funding Idea Could Face Roadblocks", quoting Marcus J. Lemon on benefits of P3s over increased taxation to fund infrastructure projects, Infra Americas, January 31, 2014.
  • Testimony Before the Pennsylvania House of Representatives, State Government Committee, regarding HB 1813, a bill to expand P3s to local municipalities, December 12, 2013.
  • Expert Witness in the case of Town of Portsmouth v. Michael P. Lewis, et al., United States District Court for the District of Rhode Island, C.A. No. 13-267 L, 2013.
  • Expert witness in the case of Nelson v. United States, United States Court of Federal Claims, No. 05-1205-C, 2013.
  • "Federal Highway Administration Awards Advisory Contract", quoting Marcus J. Lemon on his advisory role to FHWA Policy Office on P3s and implementation of MAP-21, Infra Americas, June 7, 2013.
  • “Penn Pike’s $200m EB-5 Immigrant Visa Financing a Done Deal”, quoting Marcus J. Lemon regarding financing agreement using debt linked to immigrant visas, Toll Roads News, May 22, 2013.
  • “Mayoral experience could be asset for Obama’s pick for DOT head”, quoting Marcus J. Lemon regarding selection of Mayor Foxx as USDOT Secretary, Infra Americas, May 1, 2013.
  • Privatization of U.S. 36 maintenance, operations launches highway into new era”, quoting Marcus J. Lemon on the Plenary U.S. Route 36 P3 Agreement, Boulder Daily Camera, April 11, 2013.
  • “Next US transportation secretary could be ‘flying under the radar’”, quoting Marcus J. Lemon on potential candidates for replacement to Secretary Ray LaHood, Infra Americas, February 8, 2013.
  • “DOT Chief Ray LaHood Leaves Agency At Crossroads”, quoting Marcus J. Lemon on potential replacements for Secretary of Transportation, Law 360 , February 5, 2013.
  • “US Department of Transportation Conducts P3 Contract Session”, quoting Marcus J. Lemon on the benefits of USDOT developing model P3 contract documents and TIFIA streamlining, Infra Americas, January 23, 2013.
  • “Split Ticket: US Elections Deliver Mixed Results for P3 Market”, quoting Marcus J. Lemon on effect of election on P3 policies, Infra Americas, December 7, 2012.
  • “Marquee Projects Line Up for Increased TIFIA Funds”, Infra Americas, quoting Marcus J. Lemon on high demand for TIFIA under MAP-21 procedures, October 10, 2012.
  • “Virginia Completes Financing for New I-95 Deal – Extending it’s Complicated Relationship with P3s”, Debt Wire Magazine, August 6, 2012, quoting Marcus J. Lemon on viability of Beltway and I-95 P3s.
  • “More Evidence That Public-Private Partnerships Through Electronic Tolling Are More Cost Effective Than Archaic Fuel Taxes,” McKenna, Long & Aldridge LLP Client Alert Bulletin, July 31, 2012.
  • “Public Projects Hang In Balance Of Toll-Tax Distinction”, quoting Marcus J. Lemon regarding toll versus tax distinction cases, Law 360, July 19, 2012.
  • “US P3 Industry Finds Many Positives, Some Missed Opportunities in New Transportation Law”, quoting Marcus J. Lemon on MAP-21 Reauthorization Bill, Infra Americas, July 13, 2012.
  • “The Market is Watching Chicago Transit”, Debt Wire Magazine, June 27, 2012, New York, NY.
  • “P3 Legislation Anticipated to Move Forward in Pennsylvania”, May 23, 2012, Infra Americas, New York, NY.
  • “Virginia Assembles Another P3 For a Megaproject, Hopes Toll Revenues are HOT”, Debt Wire Magazine, May 17, 2012, New York, NY.
  • “New York’s New Infrastructure Fund: From P3 to Tappen Zee”, Debt Wire Magazine, April 11, 2012, New York, NY.
  • “Port Authority to Build New Goethals Bridge With Public-Private Partnership”, Debt Wire Magazine, April 10, 2012, New York, NY.
  • “Testimony on Proposed P3 Legislation Before the Michigan Legislature”, Michigan State Legislature Transportation Committee, October 11, 2011.
  • Opinion Editorial: “Guest commentary - Bridge legislation built on shaky claims of federal billions”, by Marcus J. Lemon, P3 Commentator, Detroit Free Press, October 9, 2011.
  • “Remarks on the Proposed P3 Financing of the New International Trade Crossing Project”, October 4, 2011, Detroit Double Tree Suites, Detroit, Michigan.
  • “Toll Credits – A Smart P3 Tool For States to Overcome Current Fiscal Challenges”, McKenna, Long & Aldridge LLP Client Advisory, October 3, 2011.
  • “USDOT TIGER Program Remerges as ‘National Infrastructure Investment Grants’: But is a $600 Million Program Too Small to Have a Major Effect?” ABA Transportation Quarterly, Summer 2010.
  • Presenter to the 2nd Annual ARTBA Legal & Regulatory Forum, May 29, 2010, Washington, DC on Public-Private Partnerships through TIGER Grants.
  • “New Opportunities For Public-Private Partnerships Through USDOT TIGER Grants: Port of Gulfport – A World Class Blueprint,” ABA Transportation Quarterly, Spring 2010.
  • Presenter to the Southeastern Association of State Highway and Transportation Officials (SAASHTO), August 31, 2009, Beau Rivage Resort and Casino, Biloxi, Mississippi, on “The Future of Infrastructure Finance Under Reauthorization”.
  • “Reauthorization: A Missed Opportunity for Transportation Funding Reform”, Toll Roads News op. ed., June 23, 2009.
  • Presenter to the Council for Public Private Partnerships Conference, April 8, 2009, Double Tree Crystal City, Virginia, on “New Opportunities for the Use of Public Private Partnerships”.
  • “Facilitating The Demand For P3 Transactions – The New Federal Highway Administration Office of Innovative Program Delivery”, ABA Transportation Committee Quarterly, Fall 2008, Vol. 1, No. 2.
  • “The Transportation Border Congestion Relief Program – Keeping America Moving At The Borders”, ABA Transportation Committee Quarterly, Fall 2008, Vol. 1, No. 2.
  • Testimony before the Commonwealth of Pennsylvania House of Representatives Transportation Committee , September 11, 2008, SEPTA Headquarters, Philadelphia, Pennsylvania, on Pennsylvania P3 Legislation.
  • Commentator in Toll roads News, on various transportation issues, at the following links:
  • Commentator on Landline Magazine – Sirius/XM Radio Channel 171, December 9, 2009, discussion on recently resubmitted application by Pennsylvania Turnpike Commission to Toll Interstate 80 under the Interstate System Reconstruction and Rehabilitation Pilot Program.
Experience

Any result the lawyer or law firm may have achieved on behalf of clients in other matters does not necessarily indicate similar results can be obtained for other clients.

Government Experience

  • As Chief Counsel of Federal Highway Administration, advised senior FHWA and USDOT officials on project finance and P3 matters, and was instrumental in several successful P3 initiatives and the development of multiple tolling and congestion relief projects of national significance, including the development of P3s at the borders, and the creation of what is now the Build America Bureau (the P3 division of USDOT), and was instrumental in streamlining and overhauling the joint Transportation Infrastructure Finance and Innovation Act (TIFIA) Program, the de facto infrastructure bank for many surface transportation projects
  • Represented FHWA on the USDOT Credit Council, which awards TIFIA loans and lines of credit, as well as PAB allocations
  • Represented FHWA as lead counsel on several successful megaprojects such as the Intercounty Connector, Capital Beltway HOT Lanes, Silver Line Metro Extension, I-595, Corridors of the Future, privatization of rest areas, commercialization of federal highways, and tolling at the borders
  • Director of the Transportation & Infrastructure Team and the USDOT Landing Team for a Presidential Transition Team

Private Sector Deal Experience

  • Counsel to a U.S. energy company in development of a $5 billion advanced refinery center and pipeline corridor project in the southwestern U.S.
  • Counsel to an environmental remediation company in development of wetland mitigation projects along U.S. interstates 
  • Counsel to an international concessionaire in matters involving privatization of U.S. airport facilities and control towers valued at over $187 million
  • Counsel to a national developer and construction company on a $200 million federal courthouse project
  • Counsel to a national energy company in development of facilities on the northeast grid
  • Counsel to a state in development of a $1.1 billion, 30-year concession P3 project involving privatization of its statewide dark fiber network, which earned the “Deal of the Year Award” for 2015 from Bond Buyer and the “Excellence in Development Finance Project Award,” a top award from the Council of Development Finance Agencies (CDFA)
  • Counsel to a national developer of P3 projects involving water systems, military housing, and university housing ranging from $100-$500 million
  • Counsel to a concession team in its proposal of an unsolicited P3 to provide a $500 million statewide fiber optic network to a state transportation authority
  • Counsel to a large state department of transportation on P3 projects ranging from $50 million to $1 billion, including projects for highways, bridges, rail lines, rail stations, mass transit, and tunnels
  • Counsel to a developer consortium on a $50 million rapid bridge replacement P3 involving 33 bridges in the northeast
  • Counsel to an international company on development of megaproject P3s involving privatization of transportation facilities and systems in the U.S. valued at over $1.2 billion
  • Counsel to an $8 billion international financial institution in development of a $100 million P3 project involving an interstate access point and regulatory approvals
  • Counsel to a group of U.S. cities in a P3 tolling project involving new tolls on multiple bridges
  • Counsel to a U.S. data center park in its $400 million P3 merger with a certified local exchange carrier and fiber optic line provider
  • Counsel to a metropolitan area authority in its development of a $200 million light rail line P3 project in the Midwest
  • Counsel to multiple major U.S. bridge contractors on a federal and state contracting debarment matter involving multiple federal agencies and eight states
  • Counsel to a parking management P3 developer on financing and executing P3s involving U.S. parking systems and garage networks
  • Representation of the largest North American privately owned, international toll bridge company, in successfully closing a P3 transaction involving $53 million in USDOT toll credits from FHWA
  • Representation of an international toll bridge company in successfully advancing a $500 million-dollar P3 bridge project before a state legislature
  • Representation of a U.S. port facility and a Class I rail carrier in successfully obtaining a $20 million TIGER-1 Grant from USDOT for its $200 million post-Panamex expansion plan involving upgrades to its rail lines
  • Representation of a Class II rail carrier in developing a successful application for a TIGER Grant
  • Underwriters' counsel to a major U.S. lending institution for various public-private partnerships involving municipal parking, water, and wastewater facilities
  • Representation of a Class II rail carrier in obtaining RRIF Loans and a Railroad Rehabilitation and Repair Grant for areas of its line located within a federally declared disaster area
  • Representation of a privately-owned port concessionaire in its bid to acquire a post-Panamex ready seaport facility on the east coast
  • Representation of an international alternative energy company in development of its transportation-generated energy projects and services
  • Expert witness for three U.S. cities in a P3 litigation matter involving redevelopment of a controversial interstate toll bridge
  • Representation of a Fortune 500 fare collection systems contractor in federal contracting strategies for P3s involving transit fare collection systems
  • Counseling of a national transportation consulting firm in its development of P3 policies and procedures for FHWA
  • Representation of a Class I and II rail carrier in federal government relations before USDOT and FRA
  • Representation of the receivership of a distressed U.S. city in a $130 million P3 transaction involving the sale of its waste-to-energy plant
  • Representation of a $2.2 billion green field fiber optic line and data center P3 project under construction in the northeast U.S
  • Representation of a national construction company in bidding for development of a public facility P3
  • Expert witness to state legislatures on proposed P3 bills
  • Appellant counsel for a defendant shareholder of a highway construction company in one of the largest DBE/SBA Fraud case in the western U.S. involving FHWA contracts
  • Representation of a construction company in settlement of a DBE fraud case with DOJ involving FHWA contracts
  • Served as co-counsel for a debarred defendant involved in the largest DBE fraud case in FHWA history
  • Representation of an international toll bridge authority on Buy America Waiver issues
  • Counsel to a national steel fabrication company in a multimillion-dollar suspension and debarment matter involving FHWA and multiple state DOTs
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Bar admissions

District of Columbia

Pennsylvania

New Jersey

Admitted to practice before:

  • United States District Court for the Eastern District of Pennsylvania
  • United States District Court for the Middle District of Pennsylvania
  • United States District Court for the District of New Jersey
  • United States Court of Appeals for the Ninth Circuit
  • United States Court of Appeals for the Federal Circuit

Education

  • J.D., Pennsylvania State University Dickinson School of Law
  • B.A., Franklin & Marshall College
    • cum laude
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