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Marcus J. Lemon

Senior Counsel
fax +1 202.742.8692

Marcus J. Lemon represents developers, concessionaires, owners, equity funds, municipalities, state agencies, and lenders, across the U.S., in complex infrastructure and public-private partnerships (P3) projects. His experience involves all modes of transportation, social infrastructure, and energy.

Marc is a former Presidential Appointee with over 25 years of experience in the private and public sector, handling some of the most challenging infrastructure projects in the country. Marc is one of the few practitioners in the U.S. market with experience in transactional, federal regulatory, and public policy aspects of infrastructure and P3s across a wide array of assets and facilities. He is also one of the few practitioners in the U.S. who has experience representing clientele on all three sides of the deal table – owner, developer/concessionaire, and lender.

Marc’s deal credentials include several first-of-their-kind projects in the U.S., ranging in value from $100 million to over $10 billion, including: (i) 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, rail line funds, and CDBG funds; (iv) privatization of distressed assets under special state authority; (v) P3s involving private operation of air traffic control towers; (vi) a P3 proposal involving private operation of a state DOT’s Intelligent Transportation System (ITS); (vii) a P3 involving refinement, storage, and transmission of petroleum following an advanced carbon extraction process; and (viii) multiple energy projects involving advanced nuclear reactor technology, advanced carbon capture technology, critical minerals, cross-border transmission lines, pipelines, and advanced ethane cracker technology.

Marc’s transportation experience includes highway, bridge, rail, airport, transit, automated vehicles, and port projects. His social infrastructure experience includes smart city, fiber optic, court house, dormitory, military housing, and public use facility projects. Marc’s energy experience includes projects involving civilian nuclear, petroleum, clean coal, liquified natural gas, ethanol, electric transmission, storage, transportation, solar, wind, ethane, cross border permits, energy loan guarantees, and critical minerals projects. Marc’s public sector experience includes prior service as the Presidentially-appointed: Chief Counsel of the Federal Highway Administration at the U.S. Department of Transportation; the Director of the Transportation & Infrastructure Team of the 2016 Presidential Transition; and as Senior Counselor for Infrastructure & Public-Private Partnerships at the U.S. Department of Energy. In those positions, Marc advised senior leadership on all aspects of infrastructure and public-private partnerships, the TIFIA and PABs Program, and the Title XVII and ATVM Loan Guarantee Programs involving projects valued between $300 million and $10 billion.

Marc also served as a Presidentially-appointed member of the Credit Review Board at the U.S. Department of Energy, and the Credit Council at the U.S. Department of Transportation, which approve federal loans, grants, and financings under various programs such as the DOE Loan Programs Office, Title XVII New Technologies, Advanced Technology Vehicle Manufacturing, TIFIA, PABs, BUILD Grants, New Starts, Airport Improvement Grants, FRA Grants, RRIF Loans, and INFRA Grants.

Education

J.D., Dickinson School of Law, Penn State University, Carlisle, Pennsylvania, Project Finance
B.A., cum laude, Franklin and Marshall College, Lancaster, Pennsylvania, Government and English

Memberships

Association for the Improvement of American Infrastructure (AIAI)

American Road & Toll Builders Association (ARBTA)

National Council of Public-Private Partnerships (NCPPP)

International Bridge Tunnel & Turnpike Association (IBTTA)

American Association of State Highway Transportation Officials (AASHTO)

Federalist Society

Georgetown Lutheran Church

Soldiers to Sidelines

Major, U.S. Army Reserves JAG Corps (Ret.), recipient of the Meritorious Service Medal

State Bar Licenses

Pennsylvania, New Jersey, District of Columbia

Court Admissions

U.S. District Ct., E.D. of Pennsylvania
U.S. District Ct., M.D. of Pennsylvania
U.S. District Ct., District of New Jersey
U.S. Court of Appeals, 9th Circuit

Media

  • Quoted, State Focus: Why Georgia’s GDOT is on the Minds of Investors, May 7, 2021.
  • Quoted, “Engineering Group Gives U.S. Infrastructure C- Grade”, Infra Americas News Service, March 4, 2021.
  • Interview with Infra Americas News Service, “News Analysis: Will Biden Back Infra With Another Big Spending Bill?” March 19, 2021.
  • Interview with Infra Americas News Service, “News Analysis: Will Biden Back Infra With Another Big Spending Bill?” March 19, 2021
  • Quoted, “Engineering Group Gives U.S. Infrastructure C- Grade”, Infra Americas News Service, March 4, 2021.
  • Infra America’s U.S. P3 Conference, panelist on the North American Developer Panel, October 5, 2020.
  • “Trump Names P3 Attorney As Senior Advisor,” Infra Americas News Service, April 24, 2020, discussing White House appointment of Marcus J. Lemon as Infrastructure and P3 Advisor.
  • “Trump Administration Rolls Out Energy Storage Grand Challenge Program”, The National Law Review, April 3, 2020, by Marcus J. Lemon.
  • “Trump Administration Rolls Out Energy Storage Grand Challenge Program”, Womble Bond Dickinson Client Alert, March 4, 2020, by Marcus J. Lemon.
  • “In-Depth: US 2020 election – who’s influencing infra policy?”, Infra Americas P3 News Service, quoting Marcus J. Lemon, November 25, 2019.
  • “3Q19 US and Canada League Tables: Social projects drive greenfields increase”, Infra Americas News Service, quoting Marcus J. Lemon, October 16, 2019.
  • “President Trump Agrees to $2 Trillion Infrastructure Spending Plan”, Infra Americas P3 News Service, quoting Marcus J. Lemon, April 30, 2019.
  • “Stalled Energy Pipelines Await Trump Miracle”, Infra Americas P3 News Service, quoting Marcus J. Lemon, April 17, 2019.
  • “U.S. and Canada Data and Pipeline Deals Drive Volume”, Infra Americas P3 News Service, quoting Marcus J. Lemon, April 17, 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.
  • “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.
  • “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.
  • Commentator in Tollroads News, on various transportation issues, at the following links: