Turning Points--by Watershed Legal Counsel

  A year into the current federal administration, organizations working on climate resilience , watershed restoration , and infrastructure are operating with different expectations. The work continues, but the context has shifted. Federal funding is less predictable. Regulatory alignment often requires more explanation. Public conversations feel more charged, even as the underlying challenges—flooding, land loss, grid reliability—remain familiar. In Maryland, these shifts are playing out in real time. Some federal grants awarded to local governments and nonprofits have been cancelled or suspended, with disputes unresolved and reinstatement uncertain unless projects can be clearly defended as consistent with current national priorities. Energy policy, in particular, has become a flashpoint. Litigation continues over a planned offshore wind project near  Ocean City , while rising electricity demand—driven in part by  data centers  and electrification—has pushed r...

  In the world of public infrastructure, conservation, and restoration, governmental instrumentalities are like the mythical centaur. They are part government and part corporate entity, combining the strengths--and some challenges--of both. Just as the centaur straddles the line between human and horse, these entities blend the independence of a private business with the authority of a government body.  Some instrumentalities in Maryland are created directly by State law, like the Chesapeake Bay Trust, the Maryland Environmental Service and the Maryland Agricultural and Resource-Based Industry Development Corporation (MARBIDCO). Others, such as local water and sewer authorities and county resilience authorities, are authorized by State law but brought to life by local legislation. The unique hybrid nature of instrumentalities brings its own set of legal complexities, requiring careful navigation. Whether you’re part of one of these organizations or looking to partner with one,...