Action and Patience in Infrastructure

Facing the highs, lows and never-ending surprises the energy transition keeps throwing at us, I found myself thinking about how I got into the infrastructure business and what I’m trying to accomplish here.

I entered college as an aspiring MD-PhD who hoped to one day make game-changing breakthroughs in our understanding of human consciousness. I believed, and still do, that better comprehending our own minds is one of life's most important pursuits; the more we know ourselves, the more we can pursue what we love and find peace.

But as I worked more in neuroscience, I noticed that the research process itself was challenging my patience. I began to realize that breakthroughs in this field were incremental and painstaking. It turned out that I wasn't ready to wait years or decades for the mere possibility of making a truly groundbreaking discovery.

So I started to shift my academics and career plans towards issues I believed I could do more about sooner. This brought me to water and sanitation, which attracted me because I saw it as tangible, meaningful, and addressable. It seemed to me that technical expertise and financial resources could solve important problems with the right blend of creativity, courage and dedication.

I’m glad that I haven’t lost this idealism after almost two decades working in infrastructure. Water and energy projects boost economic development, both by providing jobs and by enabling further economic activity. The right kind of infrastructure is also good for the environment, using resources efficiently while mitigating impact on the natural world. And infrastructure helps society become fairer, providing essential services that make life more affordable, convenient and safe.

But as I progressed in the industry, I also witnessed the unpleasant and risky aspects of project development.

Construction and operations can disrupt transportation, worsen air quality (or just make it smell bad!), interfere with views and harm the natural world. Only a committed project developer, working with an adept government, can mitigate these issues. Doing so takes applying technology, design and thoughtful planning through honest consultation with local stakeholders and experts.

The wrong kind of infrastructure is also built all the time because it’s cheaper, easier or “safer” (following past practice). Wastewater treatment plants get built without wastewater collection systems in place and using technologies that available staff don’t have the expertise to operate. And without thoughtful planning and policy, billions of dollars can easily go towards energy projects that aren’t the right fit for the AI-powered, low-carbon future we are all working towards.

And sadly, after years of investment and work, even projects that seem great on paper can be derailed by technical challenges, cost increases or local opposition.

So I've learned that building infrastructure is not just about efficient technical execution. To be successful, policymakers and developers need to partner with each other, local communities and experts to base their approach on science, engineering, economics and facts on the ground.
The importance of working this way is what makes me feel so lucky to be a part of the New York Energy Research and Development Authority (NYSERDA). Everything this team does is informed by careful studies and deep stakeholder engagement, while also prioritizing action and getting projects built.

But how do I add value to these projects as a lawyer? I view myself as a convener, connector and enabler. I help leaders and experts translate goals into concrete policies, procurements and contracts that projects rely on. While always putting NYSERDA and New Yorkers first, I also assess everything we do from the perspective of the companies, organizations and stakeholders who are critical to project success.

As frustrating as it can sometimes be, the specific choice of words in legal documentation can have a serious impact on project success. When the words clearly say what policymakers intend and what both developers and stakeholders care about, projects are more likely to move forward smoothly. When they don't, projects can be delayed, get more expensive or become mired in disputes. Getting this right requires a patience I have had to learn, despite my move away from neuroscience many years ago.

As a lawyer, I can also help come up with creative solutions to deal with shifting markets. For example, when New York’s grid operator created new rules to account for the declining marginal value of additional generation of the same technology, I led our team's efforts to update the formula in NYSERDA’s indexed contracts with renewable energy developers.

Being a successful infrastructure lawyer requires a willingness and ability to question and clarify ideas until they make sense even to non-experts. Updating the index formula took joint efforts of economists and grid engineers, but all along the way I made sure to understand the math, looked for logical holes and proposed improvements.

Energy and water infrastructure is central to mitigating and adapting to climate change. If we are going to succeed, we need to not only act with urgency – we need to remain curious and open to learning from setbacks, successes and innovations in our backyards and around the world. I hope I can live up to those ideals as an infrastructure lawyer, which will require me to exercise the patience I've found in my life after neuroscience.