The P3 Wars

Law360, New York (July 13, 2015, 10:37 AM EDT) -- $3.6 trillion. That is the amount of money the American Society of Civil Engineers (ASCE) estimates that the United States needs to invest in its aging infrastructure system. By 2020. According to ASCE’s 2013 Infrastructure Report Card, which is updated every four years, the U.S. infrastructure system urgently needs maintenance, modernization and a reliable, long-term-stream of money. I will refer to these needs collectively as the “3Ms.”

3Ms meet P3s. “P3” stands for public-private partnership. Those who favor P3s think this is a match made in heaven. Those opposed to P3s strongly disagree. Despite their fundamental disagreement, there are a few...

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