Susan Lent, Partner Government Contracts and Grants, Transportation and Infrastructure Regulatory and Compliance, Energy Transition

Susan H. Lent

Partner

Areas of Focus

Susan Lent, Partner Government Contracts and Grants, Transportation and Infrastructure Regulatory and Compliance, Energy Transition

Susan H. Lent

Partner

slent@akingump.com

Areas of Focus

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Biography
  • Leading advisor in the energy and transportation infrastructure space.
  • Provides counsel on regulatory and compliance requirements for energy and transportation infrastructure projects, as well as advising on audits, investigations, disputes and enforcement actions.
  • Represents clients seeking grants and loans from the Department of Transportation (DOT), the Department of Energy (DOE) and other federal agencies.
  • Advises on compliance with domestic content laws, including the Build America, Buy America Act (BABAA), Inflation Reduction Act (IRA), Buy American Act and Trade Agreements Act.
  • Co-head of the firm’s autonomous systems & advanced mobility practice.
  • Advises motor vehicle and equipment manufacturers, and manufacturers of autonomous vehicles and autonomous vehicle technologies regarding compliance with National Highway Traffic Safety Administration (NHTSA) laws and regulations, including importation of vehicles and pursuit of exemptions, and represents clients in DOT investigations and enforcement actions, including regarding safety defects and vehicle recalls.
  • Advises clients regarding compliance with the Federal Motor Carrier Safety Administration (FMCSA) regulations and in related enforcement actions.
  • Advises clients regarding compliance with Pipeline and Hazardous Materials Administration (PHMSA) regulations and Hazardous Materials Regulations, including in applications for special permits and in investigations and enforcement actions.

Susan is a leading advisor in the energy and transportation infrastructure space. Her practice encompasses a wide range of infrastructure assets and she provides comprehensive counsel to public, private and nonprofit entities on critical issues impacting the energy and transportation infrastructure sector.

Representing clients across the industry, Susan provides counsel on the regulatory & compliance requirements associated with the following laws, regulations and federal programs, among others:

  • Infrastructure Investment and Jobs Act (IIJA)
  • Inflation Reduction Act (IRA) and the domestic content requirements
  • Build America, Buy America Act (BABAA)
  • Buy American Act
  • Trade Agreements Act
  • CHIPS for America Act (CHIPS)
  • National Environmental Policy Act (NEPA)
  • Cargo Preference Act
  • Davis-Bacon Act
  • Title VI of the Civil Rights Act and Affirmative Action Plan requirements under Executive Order 11246.

Susan represents energy and transportation infrastructure clients evaluating, negotiating and securing grants, cooperative agreements and loans from the DOE, DOT and other agencies. In addition, Susan assists clients facing audits, disputes, investigations and enforcement actions.

Before joining Akin, Susan served as counsel to the Subcommittee on Surface Transportation and as counsel for investigations and oversight to the U.S. House of Representatives Committee on Transportation and Infrastructure.

Energy and Transportation Infrastructure

Susan advises clients that receive federal financial assistance in the form of grants, loans and cooperative agreements for energy and transportation infrastructure projects and contractors who provide goods and services to projects that receive federal financial assistance.

Susan has a deep understanding of the laws and regulations applicable to federal funding of energy & renewable energy, road, bridge, port, rail and transit infrastructure, including domestic content requirements, NEPA requirements, permitting regulations, procurement laws and grant administration requirements.

Susan provides a range of services, from pursuit of grants, loans and cooperative agreements, and complying with federal conditions, to responding to audits and enforcement actions. She also advises on procurements and contract disputes.

Susan assists clients applying for and securing low-cost loans from DOE and DOT, including advising on the process for securing a loan and the conditions on loans.

Automotive & Autonomous Vehicles

Susan advises clients regarding compliance with laws and regulations governing automakers and equipment suppliers, including autonomous vehicles (AVs). She represents clients subject to NHTSA safety-related defect investigations, vehicle recalls and enforcement actions. Susan provides guidance regarding importation of vehicles in compliance with NHTSA regulations. She also advises clients regarding compliance with the laws affecting AVs at the federal and state levels.

Motor Carrier Safety Regulations and Hazardous Materials Regulations

Susan advises motor carriers regarding compliance with FMCSA regulations and Hazardous Materials Regulations. She advises motor carriers and shippers regarding compliance with the broad range of laws and regulations, including marking and packaging of hazardous materials, placarding, compliance with hours of service regulations, DOT registration and reporting requirements, drug and alcohol testing requirements, and in investigation and enforcement matters. She also has obtained exemptions and challenged adverse decisions.

Airports & Aviation

Susan represents airports, airlines, airport developers, concessionaires and fixed-base operators.

Representative Work
  • Representing an electricity, natural gas and clean energy delivery company in connection with negotiating a $50 million grant from the DOE.
  • Advised a Fortune 500 integrated retail electricity and power generation company throughout the DOE loan application process.
  • Representing an Australia-based mineral exploration company in connection with application review advice relating to a DOE battery manufacturing grant.
  • Representing MCR Oil Tools, a manufacturer of pipe cutting tools, challenging a regulatory decision by PHMSA to the Fifth Circuit Court of Appeals.
  • Representing clients negotiating federal award agreements with DOE, including for carbon capture, grid programs and hydrogen hub awards.
  • Advising numerous businesses on complying with BABAA, IRA, Buy American Act and Trade Agreements Act requirements, including developing compliance programs and defending against investigations and legal actions.
  • Representing vehicle and equipment manufacturers before NHTSA, including regarding compliance with laws and regulations; developing compliant strategies for offering new vehicles and equipment, including AVs; importing vehicles; and responding to investigations, recalls and enforcement actions.
  • Advising a manufacturer of electric vehicle (EV) charging infrastructure on regulatory and contractual matters.
  • Advising a contractor that operates public transit systems under multiyear operations and maintenance contracts regarding contractual, corporate and regulatory matters.
  • Advising Brightline regarding pursuit of federal funding for high-speed rail.
  • Representing clients complying with Hazardous Materials Safety Regulations.

Education
  • J.D., The George Washington University Law School, 1986

  • B.A., Emory University, 1983

Bar Admissions
  • District of Columbia

Recognitions
  • The Legal 500 US, Government relations, 2020-2021 and Government contracts, 2019-2024.
Affiliations and Public Service
  • Vice Chair, Federal Infrastructure and Clean Energy Finance Committee, Section of Administrative Law and Regulatory Practice 
  • Served as a member of the transportation advisory committee for a presidential transition
  • Acted as Counsel to the Subcommittee on Surface Transportation, U.S. House of Representatives Committee on Transportation and Infrastructure
  • Served as Counsel, Investigations and Oversight, U.S. House of Representatives Committee on Transportation and Infrastructure
Speeches and Publications
  • “OIRS Issues Proposed Rules on New Tech-Neutral Clean Energy PTC and ITC,” Akin Alert, May 30, 2024.
  •  “IRS Updates PTC and ITC Domestic Content Bonus Guidance,” Akin Alert, May 22, 2024.
  • “Commerce Focuses National Security Scrutiny on 'Connected Vehicle' Supply Chain,” Akin Alert, March 1, 2024.
  • “Build America, Buy America and Construction Contractors: Best Practices for Compliance, Contract Considerations,” Strafford Webinar, Washington, D.C., December 2023.
  • “Clean Vehicle Tax Credit – Foreign Entity of Concern Rules Proposed,” Akin Alert, December 5, 2023.
  • “Three New UK Laws Impacting Autonomous Vehicles, Digital Markets and Personal Data,” Akin Alert, November 30, 2023.
  • “Timeline: Executive Order on the Safe, Secure and Trustworthy Development and Use of Artificial Intelligence (AI),” Akin Alert, November 13, 2023.
  • “Domestic Sourcing and Build America, Buy America,” Construction Industry Ethics & Compliance Initiative (CIECI) Best Practices Forum, Denver CO, October 2023.
  • “OMB Issues Final Buy America Rule and Guidance for Infrastructure Projects,” Akin Alert, August 18, 2023.
  • “Autonomous Akin Update,” August 2022 - May 2024 (monthly editions).
  • “Federally Funded Research & Development: New Executive Order Pushes Federal Agencies to Take Title to Subject Inventions and Require Domestic Manufacturing,” Akin Alert, August 16, 2023 (with Mona Adabi).
  • “PTC and ITC Domestic Content Bonus Guidance Issued,” Akin Alert, May 17, 2023.
  • “PHMSA Releases Proposed Rules for Gas Pipeline Leak Detection and Repair Addressing Both Pipeline Safety and Environmental Protection,” Akin Alert, May 18, 2023 (with Leila Fleming).
  • “Autonomous Systems & Advanced Mobility: 2023 Trends & Predictions,” May 5, 2023.
  • “New Federal Funding Opportunity Announced to Supercharge Electric Vehicle and Alternative Fuel Infrastructure Development,” Akin Alert, March 20, 2023 (with Caroline Shrock (Public Policy Specialist)).
  • “Buy America Requirements for Infrastructure: Analysis of New Proposed Rule and Guidance from White House,” Akin Alert, February 14, 2023.
  • “Safe Integration of Automated Driving Systems for Equipped Commercial Motor Vehicles,” Akin Alert, February 9, 2023.
  • “Transportation Infrastructure: Reconnecting Communities,” Kayo Infrastructure Summit 2022, (Austin, TX, November 9, 2022).
  • “IRS Issues Request for Public Comment on Clean Energy and Climate Provisions Included in Inflation Reduction Act,” Akin Policy and Regulation Alert, October 6, 2022.
  • “Department of Transportation Makes Funds Available for Governments to Demonstrate New Transportation Technologies,” Akin TechSpeak, October 5, 2022.
  • “President Biden Signs the Inflation Reduction Act,” Akin Policy and Regulation Alert, August 16, 2022.
  • “Inflation Reduction Act Update,” Akin Policy and Regulation Alert, August 10, 2022.
  • “Comprehensive Section-By-Section of the Inflation Reduction Act,” Akin Policy and Regulation Alert, August 4, 2022 (with Madison Hughes, Leila Fleming, Josué Silva, Joshua Gohlke and Katie Malloy).
  • “DOE Loan Program Office to Implement New CO2 Transport Infrastructure Finance and Innovation Program,” Akin Government Contracts Alert, June 3, 2022.
  • “America COMPETES Act v. US Innovation and Competition Act—Summary of Key Differences and Takeaways - Part 2,” Akin Policy Alert, March 7, 2022.
  • “The Lay of the Land – Understanding the New Infrastructure Law,” American Coal Council’s Spring Coal Forum, March 1, 2022.
  • “The Infrastructure Investment and Jobs Act and its Impact on Technology,” Akin TechSpeak Alert, February 1, 2022.
  • “Infrastructure Investment and Jobs Act: Understanding Grant, Loan and Contract Opportunities and Compliance Obligations,” Akin Webinar, January 26, 2022.

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