This issue of Infrastructure takes an early look at two of the initiatives of the Trump administration that will likely affect in a big way the industries that our section’s lawyers represent every day. In the first article, our authors, John D. O’Neill, Jr., David B. Horner, and Samantha Leavitt, focus on a central element of President Trump’s election campaign—his promise of a major infrastructure investment program. Our authors discuss the major themes that are likely to characterize the Trump administration’s infrastructure investment policies over the next four years and how the administration might expand opportunities for private infrastructure development. The article is a clear and entertaining description and analysis of how infrastructure investment policies can achieve the “most bang for the buck.”
The second article continues an examination of the Obama administration’s Clean Power Plan in light of the election of President Trump. Part One, which appeared in our last issue of Infrastructure, analyzed the legal challenges to the Clean Power Plan that are pending in the courts, including how those challenges might affect the future development of the Chevron doctrine of deference to administrative agencies. In this follow-up article, our authors consider the possible legal paths available to the new administration (and its opponents) to roll back (or preserve) the Clean Power Plan. Our authors, Rob Brubaker and Eric Gallon, have done an admirable job of providing our readers with a legal framework for evaluating future executive, legislative, and administrative law developments.