Project Finance

  • March 18, 2024

    FCC Raises Broadband Speeds, But Many ISPs Already There

    Many households across the country can already get the Federal Communications Commission's new benchmark for broadband internet, but making sure that level of service reaches rural and tribal areas remains a tough challenge.

  • March 18, 2024

    NextEra Moves For Victory In Texas Power Grid Law Row

    NextEra units want a Texas federal court to invalidate a state law reserving new power line development for incumbent transmission companies after the Lone Star State failed in its bid to overturn a Fifth Circuit opinion finding the measure unconstitutional.

  • March 18, 2024

    Catching Up With Delaware's Chancery Court

    Multimillion-dollar e-cigarette settlements, $4 billion in stock buybacks and a $6.1 million appraisal tweak were among the big-dollar items logged in the Delaware Court of Chancery's ledger last week. Also on the docket: a Panama port project, a news outlet's defamation case, drone disputes and a flood of mail from Tesla shareholders. In case you missed it, here's all the latest from the Chancery Court.

  • March 15, 2024

    DC Circ. Presses FERC On Justification For Pipeline Expansion

    A D.C. Circuit panel on Friday questioned whether the Federal Energy Regulatory Commission had demonstrated that a Northeast pipeline expansion project was necessary to ensure that the region would have enough natural gas during extremely cold weather.

  • March 15, 2024

    Feds Streamline Historic Reviews For Broadband Projects

    The Advisory Council on Historic Preservation is heeding the call to make it easier for historical preservation checks to be done on any broadband projects that use federal funds, announcing that it will amend the rules to add that flexibility.

  • March 15, 2024

    Canadian Miner Seeks $200M In Arbitration Against Mexico

    A Canadian mining company plans to submit a claim for arbitration against Mexico over $200 million in alleged damages related to a precious metals deposit, saying the country has breached the Comprehensive and Progressive Agreement for Trans-Pacific Partnership.

  • March 15, 2024

    Divided 5th Circ. Rejects Atomic Waste Site Dispute Rehearing

    A narrowly divided Fifth Circuit has widened a circuit split by refusing to reconsider its ruling that U.S. nuclear energy regulators illegally approved an atomic waste site in West Texas, ruling the Lone Star State and mineral owners could challenge the decision without participating in the licensing process.

  • March 14, 2024

    Lawmakers Secure $1.3B For Native American Housing

    A record $1.34 billion will go toward Native American housing programs as part of an appropriations package passed by Congress, a $324 million increase over last year's funding.

  • March 14, 2024

    Tingo Sued In Del. For Docs On CEO Indictment, DOJ Probe

    A stockholder of Tingo Group Inc., a company controlled by a Nigerian man recently charged in connection with an allegedly "staggering" multinational fraud, has sued the business for books and records in Delaware's Court of Chancery, saying the documents are central to assessing next steps.

  • March 14, 2024

    Energy Dept. Floats $2.26B Loan For Nev. Lithium Project

    The Biden administration is pitching a $2.26 billion loan to help fund lithium carbonate processing facilities at the controversial Thacker Pass mine in northern Nevada, saying they could support the production of as many as 800,000 electric vehicles a year.

  • March 13, 2024

    NC City Asks State Justices To Review Homebuilders' $5M Win

    The North Carolina city of Greensboro urged the state's high court to review the $5.25 million judgment won by D.R. Horton Inc. and True Homes LLC in the homebuilders' class action accusing the city of charging illegal preservice water fees.

  • March 13, 2024

    FCC Waives Bank Rating Rule For Rural Auctions For 1 Year

    Internet service providers that received letters of credit from banks that took a plunge in the ratings will have an extra year to find a suitably rated financial institution to back them so they can get their rural broadband auction funding, the Federal Communications Commission has declared.

  • March 13, 2024

    FCC Seeks $58M Budget Bump Next Fiscal Year

    The Federal Communications Commission has sought a roughly $58 million boost in its operating budget for next year, an increase of about 15%, offset by fees levied on regulated industries.

  • March 13, 2024

    FERC Can't Change Power Auction Results, 3rd Circ. Rules

    The Third Circuit has wiped out the Federal Energy Regulatory Commission's tweak to the results of an electricity capacity auction run by the nation's largest regional grid operator, saying it amounted to retroactive rate-making in violation of the filed-rate doctrine.

  • March 13, 2024

    Patriots Owner Flags $2M Lien On 'Useless' Skydiving Facility

    The real estate business of New England Patriots owner Bob Kraft asked a Massachusetts judge to discharge a $2 million mechanic's lien on a defunct indoor wind tunnel and skydiving attraction at a shopping center next to the football team's stadium.

  • March 13, 2024

    Tower Taxes To Partly Fund $10B Midtown NYC Bus Terminal

    Tax revenue from up to three private towers would help pay for a $10 billion replacement of the aging Port Authority Bus Terminal in Midtown Manhattan, under a deal approved by New York Gov. Kathy Hochul, New York City Mayor Eric Adams and the Port Authority of New York and New Jersey.

  • March 12, 2024

    Lima Loses Bid To Duck $140M Arb. Awards In Highway Row

    A D.C. federal judge on Tuesday refused to overturn $140 million in arbitral awards against the city of Lima, Peru, stemming from its dispute with a highway contractor, ruling that the contractor won those two awards "fair and square."

  • March 12, 2024

    Treasury Sanctions More Iran-Backed Terrorist Operatives

    The U.S. Department of the Treasury on Tuesday unveiled new sanctions against a handful of individuals with ties to the designated terrorist group Al-Ashtar Brigades, singling out "key Iran-based operatives" as well as a financier for the group.

  • March 12, 2024

    Biden Unveils Zero-Emission Freight Truck Infrastructure Plan

    The Biden administration unveiled Tuesday its strategy to provide ubiquitous and convenient access to electric-vehicle charging and hydrogen refueling along the nation's freight corridors, advancing the president's plan to decarbonize the freight sector.

  • March 12, 2024

    Sluggish Policy Could Chill Geothermal Boom, Advocates Say

    Geothermal energy development is having a moment as advances in drilling technologies are attracting more government and private investment, but industry experts say the policy and regulatory landscape isn't keeping pace and needs to catch up to the market.

  • March 12, 2024

    $20M Coal Lease Judgment Should Stand, 10th Circ. Hears

    A coal company on Monday urged the Tenth Circuit not to disturb a $20 million judgment it was awarded in a Wyoming lease dispute over the calculation of advance royalty payments, saying the lower court got it right.

  • March 12, 2024

    DC Circ. Questions MPLX Alternatives In FERC Decision

    D.C. Circuit judges on Tuesday pressed attorneys for the Federal Energy Regulatory Commission on the agency's decision allowing crude oil transportation company MPLX to charge market rates on its Ozark Pipeline, questioning in particular how much capacity would be available on other lines if shippers needed an alternative to supracompetitive pricing.

  • March 12, 2024

    Steptoe Adds 5 From Holland & Knight, Covington In NY & DC

    Steptoe LLP has hired a Holland & Knight LLP partner, a former Holland & Knight practice group leader and a trio of Covington & Burling LLP attorneys to help boost its New York and Washington, D.C.-based practices focused on energy matters.

  • March 11, 2024

    Panama Port Fight Belongs In Chancery Court, H.K. Co. Says

    A Hong Kong company alleging that its interest in a lucrative port project near the Atlantic entrance to the Panama Canal is being stolen has urged a Delaware federal court to remand its lawsuit back to the Chancery court, saying the suit's removal last month was a delay tactic.

  • March 11, 2024

    Canadian Co. Loses $4.4B Romanian Gold Mining Claim

    Canadian mining company Gabriel Resources Ltd. has reported its failure to win a $4.4 billion dispute with Romania over a canceled gold and silver project, saying its claims filed against the government have been thrown out by the World Bank's international arbitration institution.

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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