Marcus J. Lemon
Marcus J. Lemon was appointed by President George W. Bush to be Chief Counsel to the Federal Highway Administration (FHWA), where he served as the agency's lead advisor to the Federal Highway Administrator and other senior officials on public-private partnerships (P3s) and project finance. During his tenure he was instrumental in several successful P3 initiatives and the development of multiple tolling and congestion relief projects of national significance. As FHWA Chief Counsel, Mr. Lemon was instrumental in the development of the Transportation Border Congestion Relief Program, and assisted in the development of the Office of Innovative Program Delivery (the P3 division of FHWA). He also frequently represented FHWA on the USDOT Credit Council, and was instrumental in the streamlining and overhaul of the joint Transportation Infrastructure Finance and Innovation Act (TIFIA) Program and its procedures. His experience includes extensive work on TIFIA and Private Activity Bond (PAB) transactions. He is also a frequent commentator to various news outlets on P3 issues, and regularly testifies to state legislatures on proposed P3 bills.
Mr. Lemon has more than 17 years of experience in infrastructure, public private partnerships, project finance, transportation, and government affairs. His P3 practice includes highway, bridge, toll, borders, rail, transit, port, energy, parking, water, and social infrastructure P3 projects. Notable transportation P3 engagements include:
- Represented the largest North American privately-owned, international toll bridge company, in successfully closing a P3 transaction involving $53 million in USDOT toll credits.
Represented an international toll bridge company in successfully advancing a $500 million dollar P3 bridge project before a state legislature.
- Represented a U.S. port facility and a Class I rail carrier in successfully obtaining a $20 million TIGER-1 Grant from USDOT for its $200 million post-Panamex expansion plan.
- Represented a Class II rail carrier in developing a successful application for a TIGER-3 Grant.
- Represented a Class II rail carrier in obtaining RRIF Loans and a Railroad Rehabilitation and Repair Grant for areas of its line located within a federally declared disaster area.
- Represented a privately-owned port concessionaire in its bid to acquire a post-Panamex ready seaport facility on the east coast.
- Represented an international alternative energy company in development of its transportation-generated energy projects and services.
- Expert witness for three U.S. cities in a P3 litigation matter involving redevelopment of a controversial interstate toll bridge.
- Represented a Fortune 500 fare collection systems contractor in federal contracting strategies for P3s involving transit fare collection systems.
- Represented and counseled a national transportation consulting firm in its development of P3 policies and procedures for FHWA.
- Represented a Class I and II rail carrier in federal government relations before USDOT and FRA.
His P3 practice also includes municipal and social infrastructure P3 projects that involve facilities for energy, water, telecommunications, parking, and public use buildings. Notable social P3 engagements include:
- Represented the receivership of a distressed U.S. city in a $130 million P3 transaction involving the sale of its waste-to-energy plant.
- Represented a $2.2 billion greenfield fiber optic line and data center P3 project under construction in the northeast U.S.
- Represented a national construction company in bidding for development of a public facility P3.
Mr. Lemon also regularly provides litigation counseling and expert testimony in various transportation matters such as tolling litigation, federal contract litigation, false claim cases, FHWA/SBA/DBE fraud cases, forfeiture cases, debarments, arbitrations, and P3 matters before various courts and legislative bodies. He is also an approved Arbitrator with the American Arbitration Association for infrastructure, construction, and P3 cases. He also represents various transportation developers, construction entities, and public authorities on transportation regulatory matters, procurements, and waivers. Notable regulatory and expert services engagements include:
- Served as appellant counsel for a defendant shareholder of a highway construction company in the largest DBE/SBA Fraud case in the western U.S. involving FHWA contracts.
- Represented a construction company in settlement of a DBE fraud case with DOJ involving FHWA contracts.
- Served as co-counsel for a debarred defendant involved in the largest DBE Fraud case in FHWA history.
Represented an international toll bridge authority on Buy America Waiver issues.
Mr. Lemon is also decorated Major (Ret.) from the U.S. Army Reserves Judge Advocate General's Corps, where he was the recipient of numerous service awards, including the Meritorious Service Medal, for his service with the Military Intelligence Readiness Command. A graduate of the prestigious Army Inspector General School, he was previously appointed by President Bush to serve as Deputy Chief of Staff and Special Assistant to the U.S. Department of Defense Inspector General, where he worked on several high profile fraud, waste, and abuse cases involving federal government defense contracts. His practice includes representation of various federal and state contractors involved in technology, transportation, and defense related contracts and procurements. He has also represented various Fortune 500 companies, public authorities, and investors throughout his career on various corporate transactions, commercial contracts, private placements, and entity formations, including mergers and acquisitions.
Prior to his public service, Mr. Lemon held several senior positions on various federal, state, and local Republican campaigns and is actively involved in government affairs and regulatory matters. He served as a Media Coordinator and Advance Team Member to Bush-Cheney 2000 in his home state of Pennsylvania, and later served as a Coordinator on the 2001 Presidential Inaugural Committee. He later served as Lead Regional Counsel to Bush-Cheney 2004 in middle Pennsylvania and as Pennsylvania Chairman of Professionals for Bush-Cheney 2004. He also served as a fundraiser as well. In 2008 and 2012 he served as Regional Counsel to the Republican Presidential Campaigns in Pennsylvania. In 2000 he was a candidate in the Republican Primary for the 37th District State House of Representatives Seat in his home state of Pennsylvania.
- J.D., Dickinson School of Law of the Pennsylvania State University, 1996
- B.A., Franklin & Marshall College, cum laude, 1992
- District of Columbia
- New Jersey
- U.S. Court of Appeals for the District of Columbia Circuit
- U.S. District Court for the District of New Jersey
- U.S. District Court for the Eastern District of Pennsylvania
- U.S. District Court for the Middle District of Pennsylvania
- "Bridge Legislation Built on Shaky Claims of Federal Billions," Detroit Free Press, October 9, 2011.
- “USDOT TIGER Program Re-Emerges as ‘National Infrastructure Investment Grants’: But is a $600 Million Program Too Small to Have a Major Effect?” ABA Transportation Quarterly, Summer 2010.
- “New Opportunities For Public-Private Partnerships Through USDOT TIGER Grants: Port of Gulfport – A World Class Blueprint,” ABA Transportation Quarterly, Spring 2010.
- “Reauthorization: A Missed Opportunity for Transportation Funding Reform”, Toll Roads News op. ed., June 23, 2009.
- “Facilitating The Demand For P3 Transactions – The New Federal Highway Administration Office of Innovative Program Delivery”, ABA Transportation Committee Quarterly, Fall 2008, Vol. 1, No. 2.
- “The Transportation Border Congestion Relief Program – Keeping America Moving At The Borders”, ABA Transportation Committee Quarterly, Fall 2008, Vol. 1, No. 2.
Seminars and Presentations:
- Written Testimony for Municipal P3 bill - Pennsylvania legislature, December 12, 2013.
- “Testimony on Proposed P3 Legislation Before the Michigan Legislature”, October 12, 2011, before the Michigan State Legislature Economic Development Committee.
- “Remarks on the Proposed P3 Financing of the New International Trade Crossing Project”, October 4, 2011, Detroit Double Tree Suites, Detroit, Michigan.
- Presenter to the 2nd Annual ARTBA Legal & Regulatory Forum, May 29, 2010, Washington, DC on Public-Private Partnerships through TIGER Grants.
- “The Future of Infrastructure Finance Under Reauthorization”, August 31, 2009, before the Southeastern Association of State Highway and Transportation Officials (SAASHTO), Beau Rivage Resort and Casino, Biloxi, Mississippi.
- “New Opportunities for the Use of Public Private Partnerships”, April 8, 2009, before the Council for Public Private Partnerships Conference, Double Tree Crystal City, Virginia.
- Testimony on Pennsylvania P3 Legislation before the Commonwealth of Pennsylvania House of Representatives Transportation Committee, September 8, 2008, SEPTA Headquarters, Philadelphia, Pennsylvania.