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Project Finance
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February 06, 2024
Top Groups Lobbying The FCC
The Federal Communications Commission heard from companies and interest groups more than 100 times in January on a wide variety of topics, from net neutrality proposals to cybersecurity to planned new rules to revamp spectrum.
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February 06, 2024
NC Panel Backs $5M Win For Developers In Water Fee Fight
The North Carolina state appeals court on Tuesday backed a $5.3 million judgment developers won in their suit accusing the city of Greensboro of imposing illegal pre-service water fees, finding the fees were charged late in the construction process but before volume-measuring water and sewer services were available on the properties.
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February 06, 2024
Builders Ask Judge To Rethink Monetary Relief For Fees Suit
Builders urged a Florida state judge to reconsider two "'overarching'" rulings that they claim denied monetary relief for their proposed class action against the city of Miami over allegedly illegal building permit and inspection fees.
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February 06, 2024
Ex-Contech Exec Asks 4th Circ. To Toss More Convictions
The U.S. Department of Justice and the former Contech executive who was convicted of bid-rigging both agree that the Fourth Circuit should rethink the decision that wiped out that conviction, but for different reasons — one wants the conviction reinstated, while the other says the panel didn't go far enough.
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February 06, 2024
Nev. Teachers Union Sues To Upend Oakland A's Stadium Deal
A Nevada teachers' union has sued in state court to block a measure lawmakers approved in June to provide $380 million in public money to a new ballpark for the Oakland A's on the Las Vegas Strip, arguing the package passed in a special session last summer wasn't vetted for flaws.
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February 06, 2024
Legato Merger's Third SPAC Prices $175M Offering
Legato Merger Corp. III, a special-purpose acquisition company targeting infrastructure and construction-related industries, was slated to begin trading Tuesday after raising $175 million in an initial public offering, represented by Graubard Miller and underwriters' counsel Loeb & Loeb LLP.
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February 06, 2024
Construction Group Of The Year: King & Spalding
King & Spalding LLP secured a $1.9 billion arbitration award in June in a case stemming from cost overruns at a Colombian oil refinery and is defending the award in forums on three continents, earning a spot among Law360's 2023 Practice Groups of the Year for Construction.
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February 05, 2024
Groups Urge 9th Circ. To Overturn Alaskan Willow Project
The Bureau of Land Management should have looked before it leaped in reapproving ConocoPhillips' planned Willow drilling project in Arctic Alaska, the Center for Biological Diversity said Monday, arguing that the agency refused to evaluate the effects of any alternative plans that stranded economically viable oil on the company's land leases.
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February 05, 2024
Justices Urged To Turn Away $392M Arbitrator Bias Suit
An oil company has urged the U.S. Supreme Court to deny a petition asking it to overturn the Second Circuit standard for vacating arbitral awards over apparent arbitrator bias, arguing that any differences in the federal appeals courts over the evident partiality standard are "academic."
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February 05, 2024
US Backs Spain In $386M Solar Award Cases
The Biden administration is urging the D.C. Circuit not to enforce some $386 million in arbitral awards issued to investors after Spain dialed back its renewable energy incentives, arguing that courts need not defer to arbitrators when deciding whether an arbitration agreement exists.
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February 05, 2024
'Just Good Enough' Won't Cut It With BEAD Plans, Gov't Told
Cable industry groups want the U.S. Department of Commerce, which is in charge of disbursing billions in broadband deployment aid, to reject states' efforts to build out other technologies at the expense of the fiber-optic projects the government has said they should prioritize.
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February 05, 2024
FERC Says It Followed Court's Orders With LNG Reapproval
The Federal Energy Regulatory Commission defended its reapproval of a Texas liquefied natural gas terminal Monday, telling the D.C. Circuit it addressed the appeals court's concerns after the court ordered the agency to revise its environmental reviews of the project.
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February 05, 2024
State Telecom Roundup: The States With The Worst Internet
The Biden administration has said it expects to start releasing some of the $42 billion in Broadband Equity, Access, and Deployment program state broadband funding in early 2024. The idea is for the funds to be used to narrow the digital divide that prevents millions of Americans from having access to affordable and high-quality internet, but some states have more to do than others.
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February 05, 2024
States, Businesses Push To Sink Feds' Amended WOTUS Rule
Texas, Idaho and more than a dozen industry groups are asking a Texas federal judge to throw out the U.S. government's latest rule to define the "waters of the United States," arguing that it oversteps federal authorities under the Clean Water Act, is overly vague and flies in the face of a recent U.S. Supreme Court ruling.
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February 02, 2024
Clean Energy Can Revive Fossil Fuel Sites, But Risks Abound
Building clean energy projects on the sites of shuttered or aging coal- and gas-fired power plants is a multibillion-dollar opportunity to accelerate the U.S. energy transition, but there are steep legal and practical hurdles to clear. Here's a rundown of what developers must grapple with if they want to build green on fossil fuel sites.
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February 02, 2024
Youths Say DOJ Using Extreme Tactics To Delay Climate Trial
Young people who claim the U.S. government is violating their rights with energy policies that are worsening climate change hit back against the Justice Department's latest bid to pause their suit before it can go to trial, saying courts should not tolerate its extreme delay tactics and shocking conduct.
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February 02, 2024
Infrastructure Co. Cuts Deal To Resolve DOL Equal Pay Probe
An infrastructure consulting company has agreed to pay roughly $122,000 to shutter a U.S. Department of Labor investigation into allegations that the company paid women less than their male counterparts despite the workers having the same levels of experience and skill, the DOL said.
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February 02, 2024
Troutman Pepper Nabs FERC Pro From Steptoe
Troutman Pepper has nabbed a former Steptoe LLP partner to lead its enforcement practice in its energy practice group, further strengthening its over 20-member Federal Energy Regulatory Commission team.
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February 02, 2024
Mich. Electric Co. Can't Put Upgrade Delay Cost On Customers
An electric company cannot pass the extra costs of construction delays during a power plant upgrade onto customers, an appellate panel said Thursday, affirming a Michigan regulator's decision that the utility must eat the loss.
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February 01, 2024
Colo. Climate Case May Be Stuck In 'Catch-22,' Judge Says
A Colorado state judge asked Exxon on Thursday whether its argument would put local governments seeking to hold it responsible for the effects of climate change in a "Catch-22," since the oil giant maintains that its emissions were too widespread to be subject to state law while federal law doesn't give the plaintiffs an opportunity to sue.
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February 01, 2024
Kirkland Under Chancery Fire In Space Biz Merger Suit
Scant disclosures from Kirkland & Ellis LLP about its partners' potential financial stake in a $1.2 billion deal the firm was advising drew sharp scrutiny from Delaware's Court of Chancery at a hearing in Wilmington on Thursday.
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February 01, 2024
Ariz. Tribes Push To Halt Work On SunZia Line
Two tribes and conservation groups are urging an Arizona federal judge to pause construction on a 550-mile power transmission line approved by the U.S. Department of the Interior before the work damages historic and cultural resources they claim the government failed to properly assess and safeguard.
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February 01, 2024
Oil Price Cap Coalition Outlines Top Evasion Tactics
The countries behind the Russian oil price cap, or OPC, issued new guidance Thursday outlining the primary tactics used to evade the $60 per barrel limit, including the increasing use of byzantine corporate structures to hide prohibited transactions.
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February 01, 2024
Alaska Tribes Seek Canada Recognition To Consult On Mines
A group of tribal governments in southeast Alaska is asking Canadian regulators to acknowledge its historic presence along the boundary-crossing Unuk River, in order to protect the watershed from open-pit gold and silver mining Skeena Resources Ltd. is proposing in British Columbia.
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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.
Expert Analysis
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Justices' Corruption Ruling May Shift DOJ Bank Fraud Tactics
After the U.S. Supreme Court’s decision last month in Ciminelli v. U.S., curtailing a government theory of wire fraud liability, prosecutors may need to reconsider their approach to the bank fraud statute, particularly when it comes to foreign bank enforcement, says Brian Kearney at Ballard Spahr.
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Scope Of Fla. Anti-ESG Law: What We Know And Don't Know
Florida's ambitious new law restricting the use of ESG factors takes effect July 1, and even businesses not directly affected should study H.B. 3, as it may be the harbinger of more expansive restrictions to come in Florida and elsewhere, says Bessie Daschbach at Hinshaw.
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The Road Ahead For EPA's Greenhouse Gas Reduction Efforts
Recent U.S. Environmental Protection Agency actions could help the Biden administration's goals of decarbonizing the electricity sector, but they will have to potentially overcome technical, legal and political challenges, says Andrew Shaw at Dentons.
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How Attys Can Avoid Exposing Their Firms To Cyberattacks
Attorneys are the weakest link in their firms' cyberdefenses because hackers often exploit the gap between individuals’ work and personal cybersecurity habits, but there are some steps lawyers can take to reduce the risks they create for their employers, say Mark Hurley and Carmine Cicalese at Digital Privacy & Protection.
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Chapter 100 Incentives Can Offer Relief For Mo. Solar Projects
Although the Missouri Supreme Court's decision last year in Johnson v. Springfield Solar 1 overturned the state's tax exemption for solar energy systems, solar developers may still be able to use other mechanisms, like Chapter 100 incentives, to offset project costs, say Lizzy McEntire and Anna Kimbrell at Husch Blackwell.
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Foreign Investment In Real Estate Is Getting More Complicated
Increasing federal scrutiny and a proliferation of new state laws targeting foreign investment in real estate may complicate or prevent transactions even by U.S. companies or funds that have shareholders or limited partners from China and other countries of concern, say attorneys at Akin.
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Virginia 'Rocket Docket' Slowdown Is Likely A Blip
After being the fastest or second-fastest federal civil trial court for 14 straight years, the Eastern District of Virginia has slid to 18th place, but the rocket docket’s statistical tumble doesn't mean the district no longer maintains a speedy civil docket, says Robert Tata at Hunton.
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NEPA Reforms May Aid Project Speed, But Red Tape Remains
The Fiscal Responsibility Act of 2023 included amendments to the National Environmental Policy Act that are designed to streamline the federal environmental review process for infrastructure projects, but coordination with agencies and early stakeholder engagement are still likelier to lead to successful outcomes than time and page limits, say Jena Maclean and Stephanie Regenold at Perkins Coie.
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5 Management Tips To Keep Law Firm Merger Talks Moving
Many law firm mergers that make solid business sense still fall apart due to the costs and frustrations of inefficient negotiations, but firm managers can increase the chance of success by effectively planning and executing merger discussions, say Lisa Smith and Kristin Stark at Fairfax Associates.
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Rethinking In-Office Attendance For Associate Retention
The hybrid office attendance model doesn't work for all employees, but it does for many — and balancing these two groups is important for associate retention and maintaining a BigLaw firm culture that supports all attorneys, says Summer Eberhard at Major Lindsey.
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Sackett's US Waters Redefinition Is A Boon For Developers
The U.S. Supreme Court's recent landmark ruling in Sackett v. U.S. Environmental Protection Agency should reduce real estate project delays, development costs and potential legal exposures — but developers must remain mindful of how new federal and state regulations governing wetlands could affect their plans, say attorneys at Morris Manning.
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Compliance Obligations Still Murky For Superfund Excise Tax
Comments on the IRS' reinstatement of the Superfund chemicals excise tax show that, given taxpayers' lack of institutional knowledge and the government's previous failure to finalize clarifying guidance, further regulatory action is needed to help taxpayers understand their obligations, say Nicole Elliott and Mary Kate Nicholson at Holland & Knight.
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Murdaugh Trials Offer Law Firms Fraud Prevention Reminders
As the fraud case against Alex Murdaugh continues to play out, the evidence and narrative presented at his murder trial earlier this year may provide lessons for law firms on implementing robust internal controls that can detect and prevent similar kinds of fraud, say Travis Casner and Helga Zauner at Weaver and Tidwell.
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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.