Project Finance

  • February 23, 2024

    1st Circ. Told Wind Farm's Approval Should've Been A Breeze

    A wind farm developer has asked the First Circuit to reject fishing groups' challenge to the U.S. Department of the Interior's approval of a proposed project off the coast of Martha's Vineyard, saying the effort to sink the plan can't survive because the agency did things by the book.

  • February 23, 2024

    NH Plant Strikes Deal On Power Purchase Contract

    A bankrupt New Hampshire power plant reached terms on a deal Friday with an entity whose contract to purchase the facility's power was rejected earlier this week, telling a Delaware federal judge the agreement will help quickly transition to a new purchaser and stave off a shutdown of the plant.

  • February 23, 2024

    Congress Must Fund Next-Gen 911, 9 Ex-FCC Chairs Say

    Nine former chairs of the U.S. Federal Communications Commission, who served under Democratic and Republican administrations, are urging congressional leadership to fully commit to implementing the next generation of 911.

  • February 23, 2024

    Groups Back Texas' Bid To Void Feds' Highway GHG Rule

    Construction trade groups have thrown their support behind the state of Texas' federal lawsuit seeking to vacate a new U.S. Department of Transportation rule requiring states to set targets for reducing greenhouse gas emissions from federally funded highway projects.

  • February 23, 2024

    Denver Jury Awards Aecom $5M In Toll Lanes Fight

    A Denver federal jury awarded construction design firm Aecom $5.25 million in damages Friday for a subcontractor's failure to pay for design services for a Colorado highway expansion, and rejected the subcontractor's attempt to get $260 million in counterclaims.

  • February 23, 2024

    Project Finance Group Of The Year: Mayer Brown

    Mayer Brown LLP guided financing for a Pennsylvania bridge replacement project of unrivaled proportions and navigated a first-of-its-kind tax credit transfer transaction amid a renewable energy portfolio buy, landing the firm a spot among Law360's 2024 Project Finance Groups of the Year.

  • February 23, 2024

    Woodside Selling 15.1% Stake In Aussie Gas Project For $1.4B

    Australia's Woodside Energy said Friday it will sell a 15.1% stake in its Scarborough gas project to Japan-based JERA at a $1.4 billion value, creating a partnership that will help boost the project's development while creating opportunities for further collaboration. 

  • February 22, 2024

    NY Offshore Wind Project Gets Final Green Light From Feds

    The Biden administration said Thursday it has approved the Empire Wind offshore wind energy project's construction and operations plan, clearing the way for construction of two wind facilities off the coast of Long Island, New York.

  • February 22, 2024

    EPA Puts $5.8B On Tap For Water Infrastructure Projects

    The Biden administration said it's making $5.8 billion available to help pay for water projects around the U.S., steering millions of dollars to states and territories to help overhaul drinking water infrastructure, and wastewater and stormwater systems.

  • February 22, 2024

    ISP Liaison Must Monitor Digital Equity Compliance, FCC Told

    Civil rights advocates are urging the Federal Communications Commission to adopt a rule requiring that internet service providers appoint liaisons to serve as contact points for communities and file annual reports detailing compliance with digital non-discrimination rules.

  • February 22, 2024

    FirstEnergy Faces Renewed Consumer Probes Amid Scandal

    The Public Utilities Commission of Ohio has decided to lift its stay on four separate consumer protection investigations into three FirstEnergy Corp. subsidiaries, stemming from corruption surrounding a law paving the way for a $1.3 billion nuclear energy bailout.

  • February 22, 2024

    Project Finance Group Of The Year: Kaplan Kirsch

    As a leader in assembling bespoke models to pay for a variety of public infrastructure projects, Kaplan Kirsch & Rockwell LLP advised construction of an urban interstate in Denver, a $5 billion update at Los Angeles International Airport and planning for a transit program powered by self-driving cars, earning a spot among Law360's 2023 Project Finance Groups of the Year.

  • February 21, 2024

    Tribes Say Oil Co. Must Face Tribal Court In $12M Award Fight

    Two Native American tribes have asked a Wyoming district court to block a bid by Merit Energy attempting to stop them from using their tribal judicial system to vacate a $12.6 million arbitration award, saying the company has not yet exhausted all tribal remedies.

  • February 21, 2024

    Contractor Says Lima Merits Sanctions In $140M Award Row

    A municipal contractor has asked a D.C. federal court to sanction Lima, Peru, for prolonging its efforts to enforce nearly $140 million in arbitral awards it won over a highway contract that went awry, saying the city has unnecessarily prolonged the dispute with two actions.

  • February 21, 2024

    9th Circ. Says Federal Coal Lease Ban Case 'Is Moot'

    A Ninth Circuit panel on Wednesday vacated and remanded a district court's ruling that had reinstated a 2016 moratorium on federal coal leasing, with a recommendation that the litigation be dismissed as moot, saying there's no basis to conclude that a challenge to a defunct order is still alive.

  • February 21, 2024

    Justices Urged To Turn Away $285M Panama Canal Award Suit

    The operator of the Panama Canal on Tuesday urged the U.S. Supreme Court to turn away a case in which $285 million in arbitral awards are being challenged over an arbitrator's "evident partiality," saying close relationships between arbitrators are so "ubiquitous" in international arbitration that they are unremarkable.

  • February 21, 2024

    Justices Squabble Over Emergency Review Of EPA Smog Plan

    The U.S. Supreme Court's liberal wing denounced during oral argument Wednesday their colleagues' decision to consider the merits of four related emergency requests to prevent the U.S. Environmental Protection Agency from implementing a plan to reduce cross-state pollution without first getting lower court input.

  • February 21, 2024

    7th Circ. Says Excavator's Kickback Appeal Doesn't Add Up

    A Seventh Circuit panel seemed unconvinced Wednesday by a former excavation company employee seeking to overturn his kickback conviction, with one judge suggesting he had two unpersuasive arguments and was trying to make "0 + 0 = 1."

  • February 21, 2024

    NH Power Plant Can Reject Electric Purchase Deal In Ch. 11

    Bankrupt electricity generating station Burgess Biopower LLC received court approval Wednesday from a Delaware judge to reject a power purchase agreement with a party the debtor claims was withholding payments and creating a financial situation where the station was in danger of shutting down permanently.

  • February 21, 2024

    Green Groups Press FERC To Rescind Tenn. Pipeline Approval

    Environmentalists on Tuesday urged the Federal Energy Regulatory Commission to undo its approval of a Tennessee pipeline project that will serve a Tennessee Valley Authority gas-fired power plant that is replacing a coal-fired plant, saying the agency botched its consideration of the project's climate change impacts.

  • February 20, 2024

    Groups, Scholars Back Tribes In High Court Healthcare Bid

    A coalition of Native American and Alaskan Native healthcare boards and nonprofits are asking the U.S. Supreme Court to uphold rulings that ordered the federal government to reimburse two tribes millions in administrative healthcare costs, arguing that the obligation is deeply rooted in the trust relationship between the United States and its Indigenous nations.

  • February 20, 2024

    Tribes, Enviro Orgs Can Join Fight Over Tongass Protections

    An Alaska federal judge said a coalition of tribes, conservation groups, fishers and tourism businesses can join litigation to help defend a challenged Biden administration rule that reinstated roadless area protections for some 9 million acres of the vast Tongass National Forest.

  • February 20, 2024

    Developers Deny 'Shell Game' Amid Push For More Sanctions

    Real estate developers facing potential imprisonment over their failure to pay EB-5 investors at least $26 million in settlement and sanction judgments have told an Illinois federal court their money is not hidden in a "shell game" but rather tied up in receivership proceedings the investors already know about.

  • February 20, 2024

    5th Circ. Seeks Texas Justices' Input On LNG Permit Fight

    The Fifth Circuit has yanked its prior ruling that scrapped an emissions permit issued by Texas environmental regulators for a proposed liquefied natural gas terminal, saying it wants the state's Supreme Court to weigh in on how to define the best available pollution control technology under Texas law.

  • February 20, 2024

    DC Circ. Says FERC Fight Over 'Onshore' Meaning Is Moot

    The D.C. Circuit has dumped a fight between the Federal Energy Regulatory Commission and an advocacy group concerning whether the agency has jurisdiction over facilities that transport liquefied natural gas to port via truck, saying the dispute is moot because the proposed facility in question isn't being built.

Expert Analysis

  • How New Lawyers Can Leverage Feedback For Growth

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    Embracing constructive criticism as a tool for success can help new lawyers accelerate their professional growth and law firms build a culture of continuous improvement, says Katie Aldrich at Fringe Professional Development.

  • Series

    ESG Around The World: Australia

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    Clive Cachia and Cathy Ma at K&L Gates detail ESG-reporting policies in Australia and explain how the country is starting to introduce mandatory requirements as ESG performance is increasingly seen as a key investment and corporate differentiator in the fight for global capital.

  • Bat's Newly Endangered Status Likely To Slow Development

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    A recent change in the classification of the northern long-eared bat from "threatened" to "endangered" could have significant effects on development in large portions of the Eastern and Southeastern U.S. — and in the absence of straightforward guidelines, developers will have to assess each project individually, says Peter McGrath at Moore & Van Allen.

  • Corporate Compliance Lessons From FirstEnergy Scandal

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    Fallout from a massive bribery scheme involving Ohio electric utility FirstEnergy and state officeholders — including the recent sentencing of two defendants — has critical corporate governance takeaways for companies and individuals seeking to influence government policymaking, say attorneys at Wilson Sonsini.

  • Twitter Legal Fees Suit Offers Crash Course In Billing Ethics

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    X Corp.'s suit alleging that Wachtell grossly inflated its fees in the final days of Elon Musk’s Twitter acquisition provides a case study in how firms should protect their reputations by hewing to ethical billing practices and the high standards for professional conduct that govern attorney-client relationships, says Lourdes Fuentes at Karta Legal.

  • Offshore Wind Auction Results Portend Difficulties In Gulf

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    Results of the Bureau of Ocean Energy Management's recent auction of the Gulf of Mexico lease areas tell different stories about the future of offshore wind in the U.S., with the Gulf’s low interest suggesting uncertainty and the Mid-Atlantic’s strong interest suggesting a promising market, say attorneys at K&L Gates.

  • ABA's Money-Laundering Resolution Is A Balancing Act

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    While the American Bar Association’s recently passed resolution recognizes a lawyer's duty to discontinue representation that could facilitate money laundering and other fraudulent activity, it preserves, at least for now, the delicate balance of judicial, state-based regulation of the legal profession and the sanctity of the attorney-client relationship, say attorneys at Ballard Spahr.

  • Regulators Must Get Creative To Keep Groundwater Flowing

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    Even as populations have boomed in Sun Belt states like Arizona, California and Texas, groundwater levels have diminished due to drought and overuse — so regulators must explore options including pumping limits, groundwater replenishment and wastewater reuse to ensure future supplies for residential and commercial needs, says Jeffrey Davis at Integral Consulting.

  • Issues To Watch As Biochar Carbon Project Demand Heats Up

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    Entities considering financing, constructing or operating biochar projects should evaluate the increasing demand for biochar as a soil amendment, the potential to generate revenue from carbon credits and produce other byproducts, and a variety of legal hurdles in this rapidly emerging market, say Mackenzie Schoonmaker and Astrika Adams at Beveridge & Diamond.

  • Law Firm Professional Development Steps To Thrive In AI Era

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    As generative artificial intelligence tools rapidly evolve, professional development leaders are instrumental in preparing law firms for the paradigm shifts ahead, and should consider three strategies to help empower legal talent with the skills required to succeed in an increasingly complex technological landscape, say Steve Gluckman and Anusia Gillespie at SkillBurst Interactive.

  • Industry Takeaways From OMB's Final Buy America Guidance

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    The Office of Management and Budget's recently released guidance on "Buy America" requirements for federal infrastructure projects provides clarity in certain areas but fails to address troublesome inconsistencies with state laws and international trade agreements, so manufacturers and suppliers will need to tread carefully as agencies implement the changes, say Amy Hoang and Sarah Barney at Seyfarth Shaw.

  • New 'Waters' Rule May Speed Projects, Spawn More Litigation

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    The Biden administration's new rule defining "waters of the United States" in accordance with a recent U.S. Supreme Court decision will remove federal protection for some wetlands — which could both enable more development and lead to more legal challenges for projects, says Marcia Greenblatt at Integral Consulting.

  • The Basics Of Being A Knowledge Management Attorney

    Excerpt from Practical Guidance
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    Michael Lehet at Ogletree Deakins discusses the role of knowledge management attorneys at law firms, the common tasks they perform and practical tips for lawyers who may be considering becoming one.

  • Rising Interest Rates Bring Risk For Construction Contractors

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    With rising interest rates causing many construction projects to be slowed or halted, it's important for general contractors to implement safeguard measures against the risk of significant financial losses caused by owner-driven schedule modifications, says Kevin Riexinger at Gfeller Laurie.

  • How Focus On Congruency Affects Corporate Political Activity

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    Congruency — whether the contributions made by a company-sponsored political action committee align with the corporation's public statements on issues of social responsibility — is undoubtedly the next frontier in the battle over corporate political activity, despite the limited success of shareholder proposals on the issue, says Carol Laham at Wiley.

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