Project Finance

  • February 01, 2024

    Enbridge Unit Denied Land Transfer For Texas Pipeline

    A Texas federal judge on Thursday rejected as premature an Enbridge Inc. unit's immediate land transfer request to conduct environmental surveys for a federally approved 137-mile-long natural gas pipeline project, following the company's unsuccessful attempts to contact the landowners.

  • February 01, 2024

    Energy Co. Seeks Final $12.6M Award For Tribal Equipment

    Merit Energy Operations is asking a federal district court to enter judgment after an arbitration panel determined that two Wyoming Native American tribes must pay $12.6 million to purchase equipment from the company after a lease agreement to operate on reservation land expired.

  • February 01, 2024

    Broadband Coalition Asks NTIA To Help Lower Pole Costs

    If the National Telecommunications and Information Administration wants the $42.5 billion BEAD program to achieve its goals of internet for all, the agency will have to prioritize putting rules in place that allow telecoms fair and affordable access to utility poles, a coalition argues.

  • January 31, 2024

    Solar CEO Says Feds Skimped On Offshore Wind Farm Review

    A solar developer fighting federal approvals for an offshore wind project taking shape off Massachusetts told the First Circuit the government took an improper "slice and dice" approach to conclude that construction would not significantly harm endangered North Atlantic right whales.

  • January 31, 2024

    Biden Climate Team Gains New Int'l Aide, EPA Air Leader

    In significant moves for the Biden administration's climate agenda, the White House on Wednesday said John Podesta will replace John Kerry as President Joe Biden's top international climate change policy adviser and the U.S. Senate confirmed Biden's pick to lead the Environmental Protection Agency's air office.

  • January 31, 2024

    Raymond James Can't Avoid Bankruptcy Trust's Bond Claims

    The Fifth Circuit denied Raymond James & Associates' argument that it should be defended by a pre-bankruptcy indemnity agreement on the claims regarding its alleged misstatements to investors while reselling $300 million in bonds of wood maker Louisiana Pellets.

  • January 31, 2024

    11th Circ. Weighs Legality Of Grant Contest For Black Women

    A conservative group asked the Eleventh Circuit on Wednesday to reverse an order rejecting its bid to temporarily block an Atlanta-based venture capital firm from operating a grant contest for Black female business owners, arguing that the contest violates civil rights law and is not a protected form of speech, as the firm claims.

  • January 31, 2024

    Feds Urged To Adopt EV Battery Tracing For Tax Credit Rules

    A mechanism to trace the source of battery materials in electric vehicles would help enforce manufacturers' compliance with the domestic content requirements that are now linked to the EV consumer tax credit, stakeholders told U.S. Treasury Department and IRS officials Wednesday.

  • January 31, 2024

    Tribes, Enviro Orgs. Try To Join Tongass Roadless Rule Fight

    A coalition of tribes, conservation groups, fishers and tourism businesses is pushing to help defend a 2023 rule that reinstated roadless area protections for about 9 million acres in Tongass National Forest and is now being challenged by Alaska, power companies and business and industry groups.

  • January 31, 2024

    Power Cos. Tell 3rd Circ. FERC Was Locked Into Auction Rules

    Electricity providers told a Third Circuit panel in oral argument Wednesday that the Federal Energy Regulatory Commission improperly changed its rules on the fly in 2023 in order to tweak the results of a PJM Interconnection electricity capacity auction, arguing that once the auction procedures were set, the agency should have been bound to stick with them.

  • January 31, 2024

    Treasury Aims To Finish Credit Monetization Rules In 2024

    The U.S. Department of the Treasury aims to issue final rules this year on two new ways to monetize tax credits tied to clean energy construction projects, known as the direct pay and transferability methods, an official said.

  • January 30, 2024

    Timber Co. Says Seller 'Twisting' Words In Carbon Offset Fight

    A New Hampshire-based timber company has told a North Carolina court that an investment firm specializing in forestland is "twisting" words in an attempt to escape claims that it overvalued the carbon offset of a property by about $1 million.

  • January 30, 2024

    DC Judge Hints At Tossing 2020 Fla. Enviro Review Transfer

    A D.C. federal judge hinted that he was considering granting a collective of environmental groups' request to undo the transfer of a key environmental permitting step from the federal government to Florida state regulators, a move the groups say threatens protections for endangered species.

  • January 30, 2024

    Texas Justice Asks If Uri Pricing Kept State Out Of 'Stone Ages'

    Texas Justices on Tuesday pressed Luminant Energy Co. LLC on whether the Public Utility Commission of Texas is forced to maintain competitive pricing above electric grid reliability — even in cases where the state is facing living "in the Stone Ages" — as it weighed whether to uphold two of the commission's pricing orders during winter storm Uri in 2021.

  • January 30, 2024

    Holtec, Firm Fined $5M Over NJ Tax Credit Applications

    A New Jersey-based energy technology company and a real estate firm are avoiding criminal prosecution for unlawfully exploiting a state tax incentive program by agreeing to pay $5 million in penalties and be monitored in future applications for state benefits, the state attorney general announced Tuesday.

  • January 30, 2024

    6th Circ. Backs Antero's Win In Oil Royalties Breach Suit

    The Sixth Circuit affirmed on Tuesday a lower court's dismissal of a lessor's contract breach suit accusing Antero Resources of underpaying royalties under an oil-and-gas lease, finding the lessor failed to follow the lease's 90-day presuit notice requirement and "made no attempt to provide any prelawsuit notice at all."

  • January 30, 2024

    FERC Can't Justify Grid Upgrade Cost Order, NY Utilities Say

    New York utilities fired back at the Federal Energy Regulatory Commission's defense of its refusal to allow them to earn returns from grid upgrades, telling the D.C. Circuit the commission has ignored the impact of climate change on the electrical grid and has misinterpreted the Federal Power Act.

  • January 30, 2024

    Texas Oil Regulators Want Court Fight Over EPA Methane Rule

    Texas' oil and gas regulator asked the state attorney general's office Tuesday to challenge the U.S. Environmental Protection Agency's sweeping new methane emissions standards for oil and gas infrastructure that include the first standards for existing infrastructure.

  • January 30, 2024

    Feds, Tesoro Question Landowners' Bid To Join Pipeline Fight

    The U.S. government has told a North Dakota federal judge that tribal landowners' push to join a pipeline fight with Tesoro High Plains Pipeline Co. LLC may be premature, while the company said it threatens to turn its litigation against the government "into a circus."

  • January 30, 2024

    EB-5 Investors Can Probe Atty Accounts In Settlement Search

    Chinese investors looking to collect long-overdue settlement and sanctions judgments in a fraud case can probe the bank accounts for attorneys representing two real estate developers accused of constantly shifting their assets to avoid paying up, an Illinois federal judge said Tuesday.

  • January 29, 2024

    Early Designs For Road Project Naturally Flawed, Jury Hears

    A construction design firm told a Colorado federal jury Monday that it's being sued for nearly $260 million because its initial design of a Denver-area highway expansion had the sort of deficiencies to be expected in such an early pass.

  • January 29, 2024

    Green Groups Oppose Extension Of Mont. Coal Mine Analysis

    Conservation groups are fighting the U.S. government's bid for more time to correct a faulty environmental analysis of a coal strip mine expansion near the city of Colstrip, Montana, arguing that a federal court already said it would halt mining if changes weren't made within 19 months.

  • January 29, 2024

    Justices Set March Arguments In Tribal Healthcare Dispute

    The U.S. Supreme Court will hear arguments in March on two federal government petitions seeking to overturn orders that have the potential to cost $2 billion a year to support Native American tribes that provide insurer-funded services to their members.

  • January 29, 2024

    International Arbitration Expert Rejoins Curtis In Geneva

    Curtis Mallet-Prevost Colt & Mosle LLP has announced that "a leading lawyer of her generation" in international disputes and international arbitration has rejoined the firm as a partner in its Geneva office.

  • January 29, 2024

    Locke Lord Accused Of Playing 'Cat And Mouse' To Avoid Suit

    An oil company suing Locke Lord LLP for malpractice over a refinery financing project gone wrong has told a New Jersey state court that it has jurisdiction over the Texas-based firm and asked to add an unauthorized practice of law claim.

Expert Analysis

  • How Electric Vehicles Will Affect Land Use And Development

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    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.

  • Environmental Justice Takes Center Stage At FERC

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    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.

  • Firm Tips For Helping New Lawyers Succeed Post-Pandemic

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    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.

  • Growing EU Scrutiny Increases Hurdles For Foreign Investors

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    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.

  • Tackling Judge-Shopping Concerns While Honoring Localism

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    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.

  • EPA Nod For La. Program Bodes Well For Carbon Storage

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    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.

  • Perspectives

    How Attorneys Can Help Combat Anti-Asian Hate

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    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.

  • Opinion

    Congress Needs To Enact A Federal Anti-SLAPP Statute

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    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.

  • 3 Developments That May Usher In A Nuclear Energy Revival

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    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.

  • What Tax-Exempt Orgs. Need From Energy Credit Guidance

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    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.

  • As Sackett Trims Feds' Wetlands Role, States May Step Up

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    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.

  • Some Client Speculations On AI And The Law Firm Biz Model

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    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.

  • EPA's New Rule On Power Plant GHGs Won't End Litigation

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    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.

  • Why Ericsson DPA Breach Is Precedent-Setting

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    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.

  • Environmental Diligence Is Crucial When Buying Biofuel Cos.

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    As momentum for mergers and acquisitions transactions within the biofuels industry continues to grow, potential buyers must not neglect proper diligence and thoughtful negotiation regarding environmental attributes generated in connection with the target's products and production process, says Victoria Sitz at Husch Blackwell.

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