Ports

Ports are essential gateways to global commerce — and powerful engines for regional economic growth, job creation and supply chain resilience. In today’s environment of increasing regulatory complexity, infrastructure demands and environmental considerations, ports must operate efficiently while navigating a unique intersection of public accountability and private-sector collaboration.

Best Best & Krieger LLP’s (BBK) Ports practice brings together attorneys and advocates with deep, cross-disciplinary experience to help port agencies meet these challenges head-on. We partner with ports to support not only the movement of goods but also long-term sustainability, community engagement and strategic growth.

Our team provides comprehensive legal and advocacy services tailored to the evolving needs of port clients, including:

• Identifying, securing, and implementing funding sources through Advocacy, Public Finance and Public-Private Partnerships
• Public Contracts & Construction
• Transportation and infrastructure
• Energy
• Environmental issues, including CEQA, California Coastal Act, Endangered Species Act compliance and Water Law
• Real Estate, Land Use and Eminent Domain
• General & Special Counsel
• Labor & Employment

With a practical, forward-looking approach, BBK helps ports remain competitive, compliant and well-positioned to serve as vital hubs for commerce and community alike.

Transportation and Infrastructure Projects
With so much of a port’s operations reliant on transportation, we help find creative and collaborative solutions that promote efficient cargo movement. BBK attorneys are experienced in public-private partnerships, utilization of alternative construction delivery methods and funding through bond and tax measures and federal programs such as the Army Corps of Engineers and Department of Transportation. Our experience includes channel and harbor deepening and maintenance, construction of rail projects and modernization and maintenance of existing rail systems and multi-modal projects, as well as the implementation of advanced funding mechanisms such as New Markets Tax Credits.

Energy
BBK’s team has handled a number of energy matters for ports, including strategic planning, electrification of terminal operations, cold-ironing, interconnection agreements, utility disputes, capacity charges, access to port properties and other matters.

Environmental and Water
Supporting sustainable, efficient and growing facilities that minimize disruption to neighboring communities, the environment, ecosystems and endangered species is a delicate balance for any port. BBK’s collaborative approach and commitment to our clients’ visions keeps projects on track for success. Our team includes attorneys and advocates experienced in all aspects of environmental and water review, permitting and compliance issues, including the NEPA and CEQA processes, Clean Water Act permits and certifications, the California Coastal Act and the Endangered Species Act.

Maritime and Transportation Law
Ports and their clients must navigate a unique array of agencies and authorities that govern homeland security, safety, transportation and commerce. Our team brings experience with the Federal Maritime Commission, Transportation Department, other agencies and authorities and regulations that impact the maritime industry.

Economic Development
Our port service does not stop at the end of the shipping line. We also help port clients develop their land into projects that serve the communities in which they operate. For instance, we represented the Port of San Diego in the $1.1 billion Chula Vista Bayfront hotel and convention center deal based on a public-private partnership.

Public Agency Law
One of the hallmarks of BBK is our ability to offer public agency clients a full range of services. Our Municipal Law attorneys are accustomed to, and adept at, advising a variety of agencies on the unique needs and challenges they face as public agencies. We help these clients successfully maneuver through legal complexities and governmental directives, enabling them to focus on providing superior service to their stakeholders. This includes guidance on everything from open meeting laws and Public Records Act requests to disaster and resilience planning and response to infrastructure and transportation projects.

• BBK serves as General Counsel for the Port of Hueneme.
• For the Port of Oakland, BBK is assisting with CEQA counsel on the Port’s project to expand two turning basins to support larger container vessels.
• BBK attorneys are assisting with CEQA and related issues for the Port of Oakland’s Howard Terminal redevelopment project.
• BBK is assisting with CEQA and permitting issues for the Port of Long Beach’s $950 million expansion and upgrade of its Pier T container terminal.
• For the Port of Long Beach (POLB), BBK attorneys obtained Southern California Edison's acquiescence to an agreement to provide the POLB with new electric distribution facilities at no charge to the Port and discounted rates for 25 years for electric service. POLB has computed the discount obtained at an estimated $350 million.
• BBK attorneys obtained a California PUC order allocating $50 million in funding over five years for the Port of Long (POLB) ensuring electricity rates be reserved for ports and warehouses in SCE’s service territory.
• Advised the Port of Stockton (POS) in the development of a strategic energy plan to reduce its high energy bills. Based on advice from counsel, POS eliminated Pacific Gas and Electric Company (PG&E) as the power supplier on a major portion of its properties, obtained from the U.S. Navy under the base-closing program. The plan was implemented over PG&E opposition, in part by utilizing the Federal Energy Regulatory Commission, but without resorting to administrative or civil litigation. Within three months of the commencement of the implementation stage, the pertinent portion of POS was independent of PG&E retail service, had an executed Interconnection Agreement with PG&E, and executed Power Purchase Agreement with a third-party power supplier and was receiving lower-cost power. The speed of this transformation from captive PG&E customer to the independent electric system was, and remains, unprecedented. In addition, through a two-stage strategy, POS was freed from exit fees, which are ordinarily levied on departing PG&E customers.
• Represented the San Diego Unified Port District in a Clean Water Act citizen suit action involving the Port’s three marine terminals. After two years of intense negotiations, the Port successfully settled the claims through a collaborative pre-litigation settlement agreement rather than a binding and court-enforced consent decree. Defense of the allegations involved multiple issues, including detailed coverage questions under the Industrial General Stormwater Permit, the application of numeric effluent limits, overlap with the Municipal Stormwater Permit, and other complex legal and factual questions. Resolution of the issues required careful coordination with maritime tenants, port officials from multiple departments, the plaintiffs, and the Regional Water Quality Control Board. It required sensitivity to the unique activities, constraints, and culture of the maritime industry. As a result of the negotiations, the Port was able to terminate existing coverage under the Industrial General Stormwater Permit and focus its water quality program at the terminals on an approach tailored to the Municipal Stormwater Permit.
• Advised and represented the Port of Houston on Project 11, their billion dollar ship channel expansion project, for which construction commenced in 2022. Expansion of the Houston Ship Channel to the Bayport Container Terminal and Morgan’s Point was completed in 2025. Expansion of the channel to the Barbours Cut Container Terminal is ongoing, and the project has received full federal funding for the estimated cost of completing it. BBK assisted with project authorizations, construction new start approvals, negotiating major agreements with Port Houston’s federal partner the U.S. Army Corps of Engineers, local and federal cost share issues, development of a user fee to finance the project, pipeline and oil and gas facility relocations, real estate, and environmental issues.
• BBK is assisting Port of Houston with permitting, real estate, and environmental reviews for a major container terminal expansion project at Barbours Cut, development of a new turning basin and wharf at Bayport, and a feasibility study for Project 12, the next major deepening of the 52-mile Houston Ship Channel.
• Advised and represented Cedar Bayou Navigation District in a dispute over responsibilities for pipeline relocations for their channel improvement project.