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Project Finance
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January 25, 2024
Investors Call Prison 'The Only Solution' For Collection Bid
EB-5 investors who've been chasing settlement and sanction judgments for years in an Illinois federal fraud case are arguing that imprisonment "is the only bullet left in the court's gun" against real estate developers who've consistently played "a shell game" to avoid paying up.
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January 25, 2024
Locke Lord Welcomes Offshore Wind Pro In DC
The former vice president for offshore wind at the American Clean Power Association has joined Locke Lord LLP, the firm announced Thursday, saying the addition will further strengthen its renewable energy capabilities.
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January 25, 2024
Calif. Judge Says States' Trump Water Rule Challenge Is Moot
A California federal judge dismissed Democrat-led states' challenge to a Trump-era Clean Water Act rule the Biden administration has since replaced, saying because there is no present controversy, the case is moot.
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January 25, 2024
Caps, Wizards Owner Defends Plan To Move Teams To Virginia
Billionaire Ted Leonsis defended his plan to move the Washington Wizards and Washington Capitals from the District of Columbia to a sprawling entertainment district planned for Alexandria, Virginia, on Thursday, stressing that the move will not alienate fans or impose new economic burdens.
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January 25, 2024
Fieldfisher Adds Arbitration Pro With Spanish Partner Hire
Fieldfisher LLP has hired a founding partner of Spanish law firm Claros & Abogados to join its Madrid office as it looks to bolster its dispute settlement practice across Europe and the Americas.
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January 24, 2024
PG&E Judge Voices 'Frustration' At Atty Arguing Counsel Bid
A California judge overseeing PG&E's bankruptcy voiced "frustration" at a hearing Wednesday over investors' arguments on a motion to appoint interim lead counsel in a parallel securities suit, telling the plaintiffs' attorney he was "going around in circles" answering questions on how the class action procedures interact with the bankruptcy process.
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January 24, 2024
EU Proposes New Foreign Investment And Trade Policies
The European Commission adopted five policy proposals Wednesday aimed at reinforcing the European Union's economic security through new actions on foreign investment, outbound investment and sensitive technology.
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January 24, 2024
Bid To Swap Chevron For An Old Standby Raises Doubts
Last week, the U.S. Supreme Court debated whether a World War II-era doctrine encouraging courts to strongly consider agency statutory interpretations could replace the court's controversial so-called Chevron doctrine that requires judges to defer to those interpretations if a statute is ambiguous.
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January 24, 2024
La. Wins Injunction Against EPA On Disparate Impact Rules
A Louisiana federal judge will allow the state to temporarily block the U.S. Environmental Protection Agency from imposing certain environmental justice requirements on permitting and grant decisions, finding the state is likely to prevail in its challenge.
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January 24, 2024
Viasat Wrong To Oppose Starlink Funding Petition, FCC Told
A Virginia resident pressing the Federal Communications Commission to restore nearly $886 million in rural development funds for Starlink's broadband service claims that satellite giant Viasat was wrong to oppose his petition as flawed and untimely.
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January 24, 2024
NJ Utility Regulator Awards 2 Offshore Wind Contracts
Nearly three months after Danish energy company Orsted backed out of its project to build a wind farm off the New Jersey coast, the state's utility regulator has approved two new offshore wind projects expected to bring over 3,700 megawatts of wind energy to power almost 2 million homes.
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January 23, 2024
Wash. Justices Scrutinize Arb. Award's Role In Future Suits
Washington State Supreme Court justices on Tuesday questioned a beleaguered developer's insistence that a trial judge should not have confirmed an $11.5 million arbitration award against it since it has already paid the money, saying the details of the award might have value in continued litigation between the developer and its lender.
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January 23, 2024
Appeals Board Says Feds Forfeited 'Sum Certain' Arguments
The Armed Services Board of Contract Appeals refused to toss ECC International Constructors LLC's appeals in a long-running contract dispute with the U.S. Army Corps of Engineers, saying the government was late in arguing the firm failed to seek a specific sum.
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January 23, 2024
ISP Appeals FCC's Denial Of $49M In Rural Broadband Funds
A wireless broadband provider is asking the Federal Communications Commission to reconsider its rejection of the company's Rural Digital Opportunity Fund application, saying the commission's December decision letter is "riddled with material errors of fact."
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January 23, 2024
AECOM Says Contractor's $5M Pretrial Concession 'Too Late'
The design and engineering giant AECOM said it was too late for a joint venture to concede liability on a $5 million damages claim in a Colorado toll lanes project dispute, telling a federal judge that the venture blew its chance and the firm is "no longer willing" to negotiate a pretrial deal.
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January 23, 2024
PG&E Beats $2.5B Negligence Suit Over Blackouts At 9th Circ.
A Ninth Circuit panel on Tuesday affirmed the dismissal of a $2.5 billion proposed class action seeking to hold PG&E liable for blackouts allegedly caused by maintenance issues with its electrical grid after the California Supreme Court clarified that state law shields the utility from facing liability during emergency blackouts.
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January 23, 2024
Verrill Adds New Energy, Telecom Partner To Boston Office
Verrill has welcomed Verizon's long-time East region deputy general counsel as a partner in its Boston office, strengthening the firm's energy, telecommunications and natural resources practice group.
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January 23, 2024
Ex-Cognizant Exec Says 2nd Bribe Evidence Essential To Defense
The former legal chief of Cognizant Technology Solutions urged a New Jersey federal judge on Monday to allow evidence of a second alleged bribe of an Indian government official, saying it could help exonerate him and a co-defendant at a trial scheduled this spring.
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January 23, 2024
Court Will Rethink Tribes' Claims In Railroad Dispute
An Idaho federal judge has reinstated two Quiet Title Act claims the Shoshone-Bannock Tribes of the Fort Hall Reservation lodged against the federal government in a dispute over land once used by a railway, agreeing that a Supreme Court ruling requires the reversal of a prior order dismissing the claims.
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January 22, 2024
DC Circ. Mulls Enforcing $486M Award Against Djibouti
The D.C. Circuit spent the better part of an hour Monday morning trying to sort out the intricacies of a dispute between the Republic of Djibouti and a Dubai-based state-owned shipping coordinator over a $486 million arbitral award.
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January 22, 2024
Iowa County's CO2 Pipeline Rules Are Preempted, Judge Told
The developer of a proposed interstate carbon dioxide pipeline has told a federal judge that rules restricting its project passed last week in Palo Alto County, Iowa, are preempted by federal law, as the company pointed to a ruling last month blocking two other local ordinances.
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January 22, 2024
World Cup Workers' Abuse Claims Are Misdirected, US Co. Says
Filipino laborers who claimed they were subjected to abusive work and living conditions while helping build facilities for the 2022 FIFA World Cup in Qatar aimed their ire in the wrong direction, a U.S. construction company told a Colorado federal judge in a bid to dismiss the suit.
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January 22, 2024
Utilities Seek To Lower Cost Of FCC Pole Replacement Rule
Utilities want the Federal Communications Commission to change two aspects of a recent rule aimed at resolving pole attachment disputes to clarify when they have to provide copies of easements and pay to replace outdated poles.
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January 22, 2024
FTC Probing Occidental's $12B CrownRock Deal
The Federal Trade Commission is deepening its investigation into Occidental Petroleum Corporation's $12 billion deal to purchase oil and natural gas company CrownRock, Occidental revealed on Monday.
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January 22, 2024
Holland & Knight Brings On Greenspoon Public Finance Pros
A pair of former Greenspoon Marder LLP public finance attorneys who both have about four decades of experience in their practice area have jumped to Holland & Knight LLP, the firm announced Monday.
Expert Analysis
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For NY Wind And Solar Projects, Some Tax Assessment Clarity
Recent legislation, which moots a challenge to New York’s discounted cash flow method for assessing solar and wind project real property taxes, lifts a cloud of uncertainty and brings new considerations for developers, investors and lenders, say attorneys at Hodgson Russ.
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How Electric Vehicles Will Affect Land Use And Development
The increasing use of electric vehicles will bring significant issues for cities and real estate developers to consider, as cities will require substantially more infrastructure to meet electric vehicles' charging needs, says John Lushis at Norris McLaughlin.
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Environmental Justice Takes Center Stage At FERC
The Federal Energy Regulatory Commission's forthcoming policy statement on addressing environmental justice community impacts could play a key role in informing how developers and affected communities approach energy projects for years to come, say Emily Mallen, Ben Reiter and Angelica Gonzalez at Akin.
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Firm Tips For Helping New Lawyers Succeed Post-Pandemic
Ten steps can help firms significantly enhance the experience of attorneys who started their careers in the coronavirus pandemic era, including facilitating opportunities for cross-firm connection, which can ultimately help build momentum for business development, says Lana Manganiello at Equinox Strategy Partners.
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Growing EU Scrutiny Increases Hurdles For Foreign Investors
The application of the EU Foreign Subsidies Regulation from July will bring further oversight to many large deals, and together with bolt-on strategies, foreign investment regulation and antitrust enforcement, financial sponsors will need to start planning for compliance to avoid potential delays, say Anna Mitchell and Neil Hoolihan at Linklaters.
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Tackling Judge-Shopping Concerns While Honoring Localism
As the debate continues over judge-shopping and case assignments in federal court, policymakers should look to a hybrid model that preserves the benefits of localism for those cases that warrant it, while preventing the appearance of judge-shopping for cases of a more national or widespread character, says Joshua Sohn at the U.S. Department of Justice.
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EPA Nod For La. Program Bodes Well For Carbon Storage
The U.S. Environmental Protection Agency's recent announcement that it plans to grant Louisiana control over the permitting of carbon dioxide geologic sequestration wells is a welcome development for other states seeking similar authority — and developers seeking carbon storage well permits, say attorneys at Sidley.
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Perspectives
How Attorneys Can Help Combat Anti-Asian Hate
Amid an exponential increase in violence against Asian American and Pacific Islander communities, unique obstacles stand in the way of accountability and justice — but lawyers can effect powerful change by raising awareness, offering legal representation, advocating for victims’ rights and more, say attorneys at Gibson Dunn.
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Opinion
Congress Needs To Enact A Federal Anti-SLAPP Statute
Although many states have passed statutes meant to prevent individuals or entities from filing strategic lawsuits against public participation, other states have not, so it's time for Congress to enact a federal statute to ensure that free speech and petitioning rights are uniformly protected nationwide in federal court, say attorneys at Skadden.
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3 Developments That May Usher In A Nuclear Energy Revival
A recent advancement in nuclear energy technology, targeted provisions in the Inflation Reduction Act and a new G7 agreement on nuclear fuel supply chains may give nuclear power a seat at the table as a viable, zero-carbon energy source, say attorneys at Vinson & Elkins.
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What Tax-Exempt Orgs. Need From Energy Credit Guidance
Guidance clarifying the Inflation Reduction Act’s credit regime, expected from the U.S. Department of the Treasury this summer, should help tax-exempt organizations determine the benefits of clean energy projects and integrate alternative energy investments into their activities, say attorneys at Morgan Lewis.
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As Sackett Trims Feds' Wetlands Role, States May Step Up
The U.S. Supreme Court's recent decision in Sackett v. U.S. Environmental Protection Agency extinguishes federal authority over many currently regulated wetlands — meaning that federal permits will no longer be required to discharge pollutants in affected areas, but also that state regulators may take a more active role, say attorneys at Kelley Drye.
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Some Client Speculations On AI And The Law Firm Biz Model
Generative artificial intelligence technologies will put pressure on the business of law as it is structured currently, but clients may end up with more price certainty for legal services, and lawyers may spend more time being lawyers, says Jonathan Cole at Melody Capital.
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EPA's New Rule On Power Plant GHGs Won't End Litigation
The U.S. Environmental Protection Agency's recent proposal for limiting greenhouse gas emissions from the nation's power plants would use new approaches to reduce carbon pollution in the coming years — but it is unlikely it will end the legal wrangling over climate change mitigation measures, say attorneys at Beveridge & Diamond.
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Why Ericsson DPA Breach Is Precedent-Setting
Swedish telecommunications company Ericsson recently faced several penalties for breaching a deferred prosecution agreement, revealing a sobering new precedent for when the U.S. Department of Justice will find an entity in noncompliance, so companies should be prepared to revisit pre-resolution disclosures, say James Koukios and Sarah Maneval at MoFo.