Project Finance

  • March 08, 2024

    Calif. County Hasn't Fixed Oil Permitting Rules, Court Says

    A California appeals court again nixed a Kern County, California, ordinance that paves the way for faster oil and gas development in the area, saying the court-ordered, revised policy still doesn't comply with the state's bedrock environmental law.

  • March 08, 2024

    Ex-Private Funds Leader With Perkins Coie Jumps To MoFo

    The former chair of Perkins Coie LLP's private investment funds group has jumped to Morrison Foerster LLP in Denver.

  • March 08, 2024

    Direct Pay Regs Would Lift Major Barrier For Energy Projects

    A U.S. Treasury Department proposal to give partnerships access to direct payments of tax credits for green energy projects would lift a significant barrier that has prevented tribes, municipalities, schools and nonprofits from capitalizing on joint ownership arrangements. 

  • March 07, 2024

    $285M Panama Canal Case Must Be Reviewed, Justices Told

    A contractor enlisted on a multibillion-dollar project to widen the Panama Canal is urging the U.S. Supreme Court not to ignore an "open conflict" among lower courts over the vacatur standard for evident partiality, as the justices get ready to issue a certiorari decision that will likely come later this month.

  • March 07, 2024

    DC Circ. Mulls Groundwater In Coal Ash Closure Fight

    A D.C. Circuit panel on Thursday seemed wary of an energy industry coalition's claim that the U.S. Environmental Protection Agency illegally strengthened regulations to clean up coal ash waste impoundments by stretching regulatory definitions to cover facilities in contact with groundwater.

  • March 07, 2024

    Energy Cos. Still Have Work To Do In Final SEC Climate Rule

    The U.S. Securities and Exchange Commission's scaled-back climate change disclosure rule unquestionably lightens the compliance load for energy companies, but they still have plenty of work to satisfy the agency's requirements, attorneys say.

  • March 07, 2024

    Va. Senate Leaves Proposed NBA, NHL Arena Out Of Budget

    The plan to build a $2 billion sports and entertainment complex to house the Washington Wizards and Washington Capitals in the northern Virginia suburbs was derailed on Thursday, when it was left out of the upcoming budget approved by the state Senate's Finance and Appropriations Committee, leaving questions about if or when the project will be revived.

  • March 07, 2024

    White House Moves To End Highway 'Buy America' Waivers

    The Biden administration on Thursday proposed eliminating waivers to domestic production requirements for items used in federal highway building.

  • March 07, 2024

    CenturyLink Cut From Suit Blaming Utilities For Road Delays

    The city of Sammamish, Washington, has quietly dropped CenturyLink from a state court lawsuit accusing it, Comcast and other companies of causing millions of dollars in roadwork delays by failing to move their infrastructure in a timely manner.

  • March 07, 2024

    FERC Wrong To Give Iowa Grid Project Perk, DC Circ. Told

    A coalition of four industrial and commercial energy consumers has told the D.C. Circuit that the Federal Energy Regulatory Commission wrongly gave out an abandonment incentive for an Iowa transmission project currently hanging in the balance following a March 2023 Iowa Supreme Court ruling.

  • March 07, 2024

    MTA Says NJ Had Chances For Input On NY Congestion Pricing

    The Metropolitan Transit Authority and the Triborough Bridge and Tunnel Authority are urging a New Jersey federal judge to rule in favor of New York's congestion pricing plan in a suit by the Garden State, calling the neighboring state's claim that it did not have enough opportunity for input on the plan "revisionist history" and accusing the Garden State of attacking the plan solely in the public arena.

  • March 07, 2024

    Baker Botts Adds Stoel Rives Energy Finance Partner In DC

    Baker Botts LLP has added a partner from Stoel Rives LLP, who joins the firm in Washington, D.C., to continue his practice focused on advising private lenders and multilateral development banks in a range of energy-related transactional matters, the firm recently announced.

  • March 06, 2024

    Exxon Kicks Off Arbitration Over Guyana Offshore Oil Project

    ExxonMobil has initiated arbitration in order to retain its right of first refusal over Hess Corp.'s stake in a lucrative oil block off Guyana's Atlantic coast, an Exxon spokesperson confirmed on Wednesday.

  • March 06, 2024

    Enviro Groups Say Colo. Trail Will Increase Cancer Risks

    A D.C. federal judge strained to square two directly conflicting assertions in an ongoing challenge to a Fish and Wildlife Service trail in Colorado Wednesday, one from environmental and health groups claiming that plutonium from the site was certain to cause rare and deadly illnesses to trail-goers and nearby residents, and another from the federal government claiming that the trace levels of plutonium near a former-weapons plant were well below thresholds for concern.

  • March 06, 2024

    FCC To Explore 'Amnesty' For Rural Deployment Defaults

    The Federal Communications Commission has asked the public for its views on a proposal to release internet service providers from some obligations to deploy rural broadband under FCC subsidy programs so that affected communities can still obtain federal funding.

  • March 06, 2024

    Cruz Wants FCC Subsidy System Turned Over To Congress

    Sen. Ted Cruz, R-Texas, on Wednesday floated a plan to convert the Federal Communications Commission's multibillion-dollar subsidy system for low-income telecom services to direct congressional control, citing spiraling costs.

  • March 06, 2024

    Judge Won't Revisit Contempt Order In Gold Mine Control Suit

    A Colorado federal judge refused Tuesday to reconsider or amend his 2022 contempt order sanctioning mineral exploration company DynaResource in a decade-old arbitration dispute over control of a Mexican gold mine, finding that DynaResource's arguments are untimely and "at best" tangentially related to the arbitration award.

  • March 06, 2024

    DLA Piper Adds Environmental Credit Atty To NY Energy Team

    DLA Piper has hired an energy attorney whose specialties include environmental credits, advising clients on energy regulatory matters and working with a range of carbon-specific investment structures, the firm announced Tuesday.

  • March 05, 2024

    Settlement Gets 'Tire Spinning' EB-5 Fraud Suit Unstuck

    Winter thawed in a Florida courthouse on Tuesday when the last remaining defendant in a nearly decade-long $50 million investment fraud suit agreed to settle the case, surprising the judge and opposing counsel after refusing for years to strike a deal.

  • March 05, 2024

    Court Has No Cause To Deny Casino Land Request, Tribe Says

    A Michigan tribe urged the D.C. Circuit to reverse a lower court's ruling blocking it from acquiring land for two casino developments, arguing there's no dispute it bought the land to generate gaming revenue and that the Supreme Court and Congress have recognized its endeavor.

  • March 05, 2024

    DC Circ. Leery Of Challenges To Nuke Waste Storage Site

    A D.C. Circuit panel on Tuesday didn't appear convinced by challenges to the U.S. Nuclear Regulatory Commission's approval of a temporary nuclear waste storage site in New Mexico.

  • March 05, 2024

    Rochester, NY, Denied Early Win In SEC's $119M Bond Suit

    A New York federal judge has declined to grant early wins to the city of Rochester, New York; its former finance director; and an advisory firm named in a suit by the U.S. Securities and Exchange Commission alleging they misled investors in a $119 million bond offering.

  • March 05, 2024

    Senate Dem Sees Votes For Broadband Discount Funding

    A key Democratic senator said late Tuesday he sees momentum growing on Capitol Hill for at least a short-term funding renewal for the embattled Affordable Connectivity Program.

  • March 05, 2024

    8th Circ. Affirms Ax Of Tribe's Drilling Approval Challenge

    The Eighth Circuit upheld the U.S. Department of the Interior's approval of eight drilling applications on Tuesday, rejecting the Mandan, Hidatsa and Arikara Nation's argument the drilling sites violated a tribal "setback" regulation barring drilling within 1,000 feet of Lake Sakakawea.

  • March 05, 2024

    Mich. Appeals Court Speeds Up Ford Battery Factory Dispute

    A Michigan appeals judge agreed Tuesday to fast-track a case brought by opponents of a planned $3.5 billion Ford battery plant who want to put a ballot question to voters in the next election.

Expert Analysis

  • Series

    ESG Around The World: Singapore

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    Singapore is keen to establish itself as a leading international financial center and a key player in the sustainable finance ecosystem, and key initiatives led by its government and other regulatory bodies have helped the Asian nation progress from its initially guarded attitude toward ESG investment and reporting, say attorneys at Morgan Lewis.

  • Series

    The Pop Culture Docket: Judge D'Emic On Moby Grape

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    The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.

  • Series

    Performing Music Makes Me A Better Lawyer

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    The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.

  • Green Tech And IP From Obama Through Biden: What's Next?

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    J. Douglas Miller and Matthew Dills at Shumaker consider how positions on the environment have shifted along with the last three U.S. presidential administrations, how these shifts have affected investment in sustainable green technologies and intellectual property strategies, and how the future might look.

  • What US-Canada Critical Minerals Collab Means For Cos.

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    Recent announcements from U.S. and Canadian officials indicate closer collaboration between the two governments on procurement of critical minerals for electric vehicles and other advanced technology — and companies on both sides of the border may have access to new opportunities as a result, say John Lushetsky, Matthew Simpson and Paul Dickerson at Mintz Levin.

  • Breaking Down High Court's New Code Of Conduct

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    The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.

  • IRA Monetization Energizes Clean Power Tax Credit Market

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    Recent large sales of clean energy production tax credits reflect an environment in which the Inflation Reduction Act's provisions for monetizing such credits via direct transfer — bypassing slow, costly tax equity transactions — offer opportunities for both developers and investors, says Andrew Eastman at Husch Blackwell.

  • Opinion

    Legal Profession Gender Parity Requires Equal Parental Leave

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    To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.

  • Business Takeaways From Biden's Global Labor Rights Memo

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    President Joe Biden's recent memorandum on protecting worker rights is one of the most expansive statements the administration has made regarding international labor rights policy, and reflects several points of which businesses should take note, including the government’s interest in working with the private sector on these issues and a notable focus on the transition to clean energy, say Tom Plotkin and Pegah Nabili at Covington.

  • New Regs Will Strengthen Voluntary Carbon Offset Market

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    Voluntary carbon offsets are a vital tool for organizations seeking to achieve net-zero greenhouse gas emissions — and recent efforts by the U.S. Commodity Futures Trading Commission, the U.S. Department of Agriculture, the state of California and others are essential to enhancing the reliability and authenticity of carbon credits, says David Smith at Manatt.

  • Series

    Writing Thriller Novels Makes Me A Better Lawyer

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    Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.

  • What Lawyers Must Know About Calif. State Bar's AI Guidance

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    Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.

  • Industry Must Elevate Native American Women Attys' Stories

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    The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.

  • Understanding Discovery Obligations In Era Of Generative AI

    Excerpt from Practical Guidance
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    Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.

  • Navigating USCIS' New Minimum EB-5 Investment Period

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    Recent significant modifications to U.S. Citizenship and Immigration Services’ EB-5 at-risk requirement are causing uncertainty for several reasons, but investors who consider certain key aspects of prospective projects can mitigate the immigration and investment risks, say Samuel Silverman at EB5AN, Ronald Klasko at Klasko Immigration, and Kate Kalmykov at Greenberg Traurig.

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