Financing Harbor Deepening and Widening Projects: Legal Developments on Existing Fee Authority

Lowry Crook Partner, Environmental Law & Natural Resources /Best Best & Krieger LLP
Lutfi Kharuf Partner, Special Districts and Public Finance /Best Best & Krieger LLP
Ruben Duran Managing Partner /Best Best & Krieger LLP

With the growing need for harbor and channel deepening and widening projects, the ability to establish reliable revenue streams to fund improvements is becoming increasingly important. Federal law (33 USC section 2236) provides authority for establishing fees for such purposes, and a recent published decision helps demonstrate how this authority may be used. This presentation will focus on the history, context, applicability, and future of using this authority to fund harbor deepening and widening projects, and what it may mean for your Port.