Nossaman LLP

Edward V.A. Kussy

Partner

T 202.887.1464
F 202.466.3215
1666 K Street, NW, Suite 500
Washington, DC 20006

Edward V.A. Kussy brings to Nossaman nearly 40 years' experience gained in senior positions in federal government.  He is one of the nation's leading experts on federal surface transportation policy and regulations, and advises on many of the Firm's most important matters. 

Prior to joining the Firm, Mr. Kussy was deputy chief counsel (top career lawyer) at the Federal Highway Administration in Washington, DC, where he helped develop and implement the innovative federal policies that support public-private partnerships (PPPs) – such as USDOT's policies on PABs, TIFIA and SEP-15.

He helped draft and implement many of the laws that currently govern the Federal-aid Highway Program, which supports state highway systems by providing financial assistance for the construction, maintenance and operation of the nation's 4.1 million-mile highway network.  His advice has advanced countless transportation projects in every state of the nation.

Mr. Kussy offers the Nossaman clients vast experience dealing with the National Environmental Policy Act and other environmental laws that apply to transportation planning and construction.  He began his career as an environmental lawyer.  For many years, he was a professorial lecturer in environmental law at the George Washington University Law School.

In addition, he helped develop the USDOT environmental regulations and policies that apply to the Federal-aid Highway Program.  He has worked on hundreds of NEPA and other cases, including several that went to the U.S. Supreme Court.

While at the USDOT, Mr. Kussy earned numerous awards – including the Presidential Rank awards (once as Distinguished Executive and once as Meritorious Executive), the Secretary's Award for Outstanding Public Service, the General Counsel's Award for Lifetime Legal Achievement, and FHWA's Heartland Award.  He was the first recipient of the newly created Lester Boykin Award.

In 1996, he was the first lawyer to deliver the Distinguished Lecture at the Transportation Research Board's Annual Meeting. 

Over the years, Mr. Kussy was an active member of the Transportation Research Board of the National Academies – on the group's Technical Activities Council, Legal Resources Group Executive Committee (chair), Committee on Environmental Issues in Transportation Law (chair), and Committee on Transit and Intermodal Law.  He is past chair of the Federal Bar Association's Motor Carrier and Surface Transportation Committees.

He speaks to industry, government and professional organizations on the use of PPP project to finance and deliver high-priority transportation projects.  He also speaks on numerous other topics related to highway and transportation law, and professional responsibility.  He has also published on these subjects and contributes his insights on new industry developments to the Firm's Infra Insight blog.

Representative Work

  • City and County of Honolulu – Honolulu High Capacity Transit Corridor.  Advisor to the Nossaman team working on this project.  The City and County of Honolulu contracted to build the Honolulu High Capacity Transit Corridor Project – a $5.2 billion, 20 mile elevated rapid-transit line that will connect West Oahu with downtown Honolulu and serve major commercial and tourist destinations.  Nossaman advised the City and County on procurement matters relating to the planning, financing, design, construction and operation HHCTCP – the first project of its kind in the state.  The Firm also advised on compliance with federal environmental requirements.  The first three phases of the project are under construction, but construction of the final downtown phase has been on hold pending a lawsuit brought under NEPA and related environmental laws.  Nossaman litigators represented the City and County in the lawsuit, achieving a major victory in a decision of national importance for rail transit and highway projects.  The Ninth Circuit Court of Appeals affirmed in March 2014 a federal court's dismissal of a lawsuit that alleged state and federal transportation officials shad violated federal laws by failing to consider transit alternatives or failing to properly vet the impact that the planned rail route would have on historic sites before approving plans.  The downtown phase of the project will proceed to bid and is scheduled for completion in 2019.
  • Interstate JCDecaux – Chicago Digital Sign Network.  Advised Interstate JCDecaux in this transaction, which required the passage of enabling legislation.  In 2013, the City of Chicago made a deal with a partnership of JCDecaux (the world's biggest outdoor advertiser, headquartered in Paris) and Interstate Outdoor (a regional outdoor advertising company) to erect new, state-of-the-art, large-format digital billboards on city-owned land adjacent to Chicago expressways.  The signs will post weather, traffic and missing person alerts; public event promotions; and a series of rotating ads.  The deal is a PPP in which the billboards were built at no cost to the city.  The project will earn $700 million in revenue over the next 20 years, generating payments of at least $150 million to the City. Nossaman is also helping the company pursue similar projects in other large metropolitan areas, including Los Angeles and New York City.
  • Texas Department of Transportation – PPP Program.  Advisor to Nossaman team serving as outside counsel to TxDOT on this program.  Texas has more toll roads than many other states and the largest PPP transportation program in U.S. history – the statewide comprehensive development agreement.  Nossaman assists TxDOT with environmental issues, procurement, contract documents, negotiated concession agreements and innovative financing arrangements (including applications to the federal TIFIA credit assistance program) for this massive program.
  • American Association of State Highway and Transportation Officials – Federal Transportation Legislation.  Advisor to AASHTO on the impact of transportation legislation, including the expansion of federal credit assistance programs like TIFIA, Private Activity Bonds and a national infrastructure bank.  In particular, in 2014 Congress must enact a new bill or extend MAP-21.  The President envisions a $302 billion four-year bill that builds on the substantive provisions of MAP-21.
  • Treasure Island Community Development – Federal Bridge Program.  Advised state and local officials and the project developers regarding the federal highway bridge program – advice that led directly to federal funding being made available for a $100 million ramp project.  The Treasure Island Development is an approved 405-acre redevelopment project on Treasure Island (a former naval station) and parts of Yerba Buena Island in San Francisco Bay between San Francisco and Oakland.  It is being developed as a joint venture between Lennar Corporation and Wilson Meany Sullivan.
  • Disadvantaged Business Enterprise and Buy America Programs.  Advises numerous clients on compliance with federal DBE and Buy America issues as they apply to federally funded highway projects, such as the DBE and small business provisions in the contracts for the Presidio Parkway project in San Francisco.

Awards & Honors

Named a Washington DC "Super Lawyer" in the area of Transportation/Maritime by Washington Lawyer magazine, 2014

The Secretary's Award for Outstanding Public Service, 2008

The General Counsel's Award for Lifetime Legal Achievement, 2008

Distinguished Career Service Award, 2008

The Lester Boykin Award, 2008 (First recipient of a new award designed to recognize particularly creative FHWA attorneys in honor of the first FHWA Chief Counsel)

The Heartland Award, 2007 (Awarded to an FHWA employee who has made major contributions of marked national significance to FHWA programs, in honor of those who died in the Oklahoma City bombing)

Secretary's Gold Award, (twice), 2007 for the Minneapolis I-35 Bridge Response Team, and for the Secretary's Urban Partnership Initiative Team

Secretary's Award for Partnering for Excellence, 2006 for the DOT Congestion Initiative Working Group

SES Presidential Rank Award (twice) Distinguished Executive, 2000, Meritorious Executive, 1995

The Distinguished Lecturer at the Transportation Research Board's 1996 Annual Meeting (first attorney to give this lecture in TRB's history)

Award for Exceptional Contribution to Transportation Law, Federal Bar Association, 1994

 

Bio Photo
Bio Photo

Practices

Education

Program for Senior Managers in Government, Harvard University, John F. Kennedy School of Government, 1991

L.L.M., George Washington University Law School, 1981, Environmental Law with Highest Honors

J.D., University of Michigan Law School, 1971

B.A., University of Michigan, 1968

Admissions

District of Columbia

United States Supreme Court

The Supreme Court of Pennsylvania

U.S. District Court for the Eastern District of Pennsylvania

U.S. Court of Appeals for the Third Circuit

Professional Affiliations

Transportation Research Board of the National Academies: Member of the Technical Activities Council (2009 – 2012); Legal Resources Group Executive Committee (Chair, 2009 – 2012), and the Committees on Environmental Issues in Transportation Law (Chair, 1985-1991) and Transit and Intermodal Law (present). Past member of committee on Project 20-6, Legal Problems Arising out of Highway Programs, under National Cooperative Highway Research Program.

Federal Bar Association: past member and chair of Motor Carrier and Surface Transportation Committee.

Established and chaired the Department of Transportation Law Library Advisory Group.

Awards & Honors

Named a Washington DC "Super Lawyer" in the area of Transportation/Maritime by Washington Lawyer magazine, 2014

The Secretary's Award for Outstanding Public Service, 2008

The General Counsel's Award for Lifetime Legal Achievement, 2008

Distinguished Career Service Award, 2008

The Lester Boykin Award, 2008 (First recipient of a new award designed to recognize particularly creative FHWA attorneys in honor of the first FHWA Chief Counsel)

The Heartland Award, 2007 (Awarded to an FHWA employee who has made major contributions of marked national significance to FHWA programs, in honor of those who died in the Oklahoma City bombing)

Secretary's Gold Award, (twice), 2007 for the Minneapolis I-35 Bridge Response Team, and for the Secretary's Urban Partnership Initiative Team

Secretary's Award for Partnering for Excellence, 2006 for the DOT Congestion Initiative Working Group

SES Presidential Rank Award (twice) Distinguished Executive, 2000, Meritorious Executive, 1995

The Distinguished Lecturer at the Transportation Research Board's 1996 Annual Meeting (first attorney to give this lecture in TRB's history)

Award for Exceptional Contribution to Transportation Law, Federal Bar Association, 1994

 

     
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