Project Finance

  • February 02, 2023

    GE, Siemens Scolded For 'Self-Interest' In Wind Farm Fight

    A federal judge skewered General Electric Co. and Siemens Gamesa Renewable Energy on Thursday for placing "corporate self-interest" before high-stakes climate change concerns, settling what he saw as an unnecessary post-trial fight between the rivals that are "locked in a global struggle for dominance" over the offshore wind market.

  • February 02, 2023

    Oxy May Face Uphill Battle In Bid To Vacate $392M Award

    A Second Circuit panel appeared skeptical during oral arguments Thursday that a $392 million arbitral award issued to Andes Petroleum Ecuador Ltd. could be nixed based on an undisclosed relationship between its lead counsel and the arbitrator appointed by its opponent, an Occidental Petroleum unit.

  • February 02, 2023

    Deals Rumor Mill: Bed Bath & Beyond, Stripe, Twitter

    Bed Bath & Beyond is moving closer toward bankruptcy, payments giant Stripe is seeking $2.5 billion in a new funding round led by Thrive Capital, and Twitter has begun paying interest on massive debt incurred after Elon Musk's buyout. Here, Law360 breaks down these and other deal rumors from the past week that you need to be aware of.

  • February 02, 2023

    End Is Near In Fight Over Plant Upgrade For $1B Power Line

    NextEra Energy and the developer of a proposed $1 billion transmission line in New England have largely resolved their fight over a power plant upgrade that's crucial to the line's completion, but the Federal Energy Regulatory Commission won't let NextEra shift certain upgrade costs to the transmission developer, according to an order issued Wednesday.

  • February 02, 2023

    Adani Group's Losses Near $100B Since Short-Seller's Report

    Losses from Adani Group's seven listed companies reached nearly $100 billion Thursday after a short-seller's report preceded a market thrashing of the Indian multinational conglomerate, which canceled a $2.5 billion stock sale Wednesday for its flagship, Adani Enterprises.

  • February 02, 2023

    10th Circ. Says Feds Botched NM Fracking Permit Review

    The Tenth Circuit said the U.S. Department of the Interior failed to adequately examine climate change and air pollution impacts before approving fracking permits in New Mexico's Mancos Shale formation and barred the agency from issuing new permits based on its flawed analysis.

  • February 02, 2023

    Cadwalader Adds 4 Finance Partners From King & Spalding

    Cadwalader Wickersham & Taft LLP is expanding its transatlantic leveraged finance practice with the addition of four partners from King & Spalding LLP.

  • February 01, 2023

    Toshiba Can't Kill $500M Hydro Plant Job Contract Breach Suit

    A Michigan federal judge ruled on Wednesday that Toshiba Corp. will not be able to avoid a lawsuit accusing its American unit of performing shoddy work and botching a $500 million contract to overhaul a hydroelectric plant, finding the plant owners plausibly alleged breach of contract and breach of parent guaranty claims.

  • February 01, 2023

    Judge OKs ND Oil Leasing Suit Consolidation

    A North Dakota federal judge has consolidated North Dakota's lawsuits challenging the Biden administration's pause on federal oil and gas leasing, clearing the way for the state to again seek a court order compelling the rescheduling of previously canceled lease sales.

  • February 01, 2023

    9th Circ. Affirms Cleanup Ruling For Montana Smelter Site

    A Ninth Circuit panel affirmed a district court ruling that apportioned cleanup costs to a BP unit and a Glencore PLC unit for a former aluminum smelting site in Columbia Falls, Montana.

  • February 01, 2023

    Adani Cancels $2.5B Share Sale After Stock Plunge

    Indian multinational conglomerate Adani Enterprises Ltd. canceled a $2.5 billion stock sale on Wednesday, following several tumultuous days in which the corporate giant publicly battled a short seller's accusations of stock manipulation and accounting fraud.

  • February 01, 2023

    ConocoPhillips' Alaska Drilling Plan Clears Regulatory Hurdle

    A huge oil production complex in the Alaskan Arctic proposed by ConocoPhillips passed an environmental checkpoint Wednesday, but conservation groups remain fiercely opposed to the project, and the Biden administration has signaled discomfort with its potential impact on greenhouse gas emissions and wildlife.

  • February 01, 2023

    Solar Group Urges FERC To Nix Midwest Grid Access Policy

    A solar industry group says a Midwest regional grid operator's prohibition on renewable energy sources offering certain grid support services is a discriminatory electricity market barrier and wants the Federal Energy Regulatory Commission to force the grid operator to lift the ban.

  • February 01, 2023

    Bondholders Stake Claim To Puerto Rico Utility Revenues

    Puerto Rico's fiscal oversight board and holders of bonds issued by the island's electric utility Wednesday sparred over whether the bondholders can stake a claim on the utility's future revenues, with both sides saying the other's interpretation of the bond terms didn't make sense.

  • January 31, 2023

    Fisheries Ask Court To Reject Defense Of Mass. Wind Project

    Massachusetts fishing industry groups on Tuesday rebuffed the government's attempt to halt their litigation concerning an 800-megawatt coastal wind farm's approval, asking a federal judge to rule in their favor, and arguing they proved their standing and have laid out the potential damages they face from environmental degradation.

  • January 31, 2023

    GM, Lithium Americas Ink $650M Mine Development Deal

    General Motors Co., represented by Mayer Brown LLP, and mining company Lithium Americas Corp. announced Tuesday the former's $650 million equity investment to develop Nevada's Thacker Pass mine, which is the largest known source of lithium in the country.

  • January 31, 2023

    Long-Delayed Hudson Tunnel Project Scores $292M Grant

    A decades-old plan to rehabilitate aging commuter train tunnels under the Hudson River between New York and New Jersey continues to forge ahead after receiving a $292 million infusion from a new mega grant program created by 2021's Bipartisan Infrastructure Law.

  • January 31, 2023

    EPA Issues Final Veto On Pebble Mine

    The U.S. Environmental Protection Agency on Tuesday blocked a plan to build a mine in pristine Alaska wilderness, finding the project would cause unacceptable harm to wildlife like salmon in the area, but the mine backers promise a legal fight over the decision.

  • January 31, 2023

    DC Circ. Won't Pause Climate Suit Remand

    The D.C. Circuit refused to pause the remand of Washington, D.C.'s climate change suit against oil giants to local court, but said it would speed up its consideration of the companies' appeal of the remand order.

  • January 30, 2023

    US Wetlands Harmed By Fla.'s Use Of Old Rule, Group Warns

    Earthjustice on Monday warned the U.S. Environmental Protection Agency that Florida is putting national waters and wetlands at risk by continuing to use a Trump-era rule that regulated wetland dredging and filling, including for construction purposes, urging the agency to force the state into using an updated definition of U.S. waters.

  • January 30, 2023

    Spain Fights NextEra Bid To Block Dutch Suit In DC Court

    Spain is defending litigation it filed in the Netherlands to halt Dutch subsidiaries of U.S.-based NextEra Energy Inc. from trying to enforce a €291 million ($315.78 million) arbitral award against it, telling a D.C. federal court that the companies are trying to evade European law.

  • January 30, 2023

    Tesla Loses Bid To Cut Stock Damage Study From Tweet Trial

    A California federal judge on Monday blocked Tesla Inc.'s bid to exclude an expert's testimony for calculating the losses investors claim they suffered as a result of CEO Elon Musk's tweet about possibly taking the company private, saying there is "nothing so fundamentally wrong" with the methodologies to make them inadmissible.

  • January 30, 2023

    NextEra Says Justices Should Pass On Grid Project Law Fight

    NextEra Energy urged the U.S. Supreme Court on Monday to reject Texas' request to review a Fifth Circuit ruling declaring the Lone Star State's law giving incumbent transmission companies the first chance to build new power lines unconstitutional, saying the lower court got it right.

  • January 30, 2023

    SEC's Uyeda Decries DOL's 'Forked Tongue' On ESG Rules

    U.S. Department of Labor messaging about its recent environmental, social and governance rule is confusing and misleading, and the rule itself may be unlawful, U.S. Securities and Exchange Commissioner Mark Uyeda told a nonprofit group, while also questioning the need for ESG-related rulemaking from his own agency.

  • January 30, 2023

    EPA Launches Plan To Speed Lead Water Pipe Replacement

    The federal government plans to speed up lead drinking water pipe replacement by providing direct assistance and hundreds of millions of dollars of funding to dozens of communities in four states.

Expert Analysis

  • Litigators Should Approach AI Tools With Caution

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    Artificial intelligence tools like ChatGPT hold potential to streamline various aspects of the litigation process, resulting in improved efficiency and outcomes, but should be carefully double-checked for confidentiality, plagiarism and accuracy concerns, say Zachary Foster and Melanie Kalmanson at Quarles & Brady.

  • How Proposed BOEM Regs Will Boost Offshore Wind Projects

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    Newly proposed offshore wind project regulations from the Bureau of Ocean Energy Management represent a substantial regulatory shift that will improve transparency around the timing of lease auctions, streamline approval and oversight for projects in development, and provide needed guidance for future projects, say attorneys at K&L Gates.

  • Mapping The Transport Sector's Road To Zero Emissions

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    Transportation companies that hope to lead the multiagency U.S. National Blueprint for Transportation Decarbonization's recently announced transition to zero-emission vehicles and fuels should anticipate a host of commercial and legal issues, say Levi McAllister and Pamela Wu at Morgan Lewis.

  • 5 Ways Attorneys Can Use Emotion In Client Pitches

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    Lawyers are skilled at using their high emotional intelligence to build rapport with clients, so when planning your next pitch, consider how you can create some emotional peaks, personal connections and moments of magic that might help you stick in prospective clients' minds and seal the deal, says consultant Diana Kander.

  • Contracts, Financing Are Key To 2023 Clean Hydrogen Growth

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    If 2022 was the year that hydrogen gained attention as a potential conduit for the transition to clean energy, then 2023 is poised to be the year when contractual and financial structures for clean hydrogen projects are developed, say Omar Samji and Humzah Yazdani at Shearman.

  • 5 Keys To A Productive Mediation

    Excerpt from Practical Guidance
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    Cortney Young at ADR Partners discusses factors that can help to foster success in mediation, including scheduling, preparation, managing client expectations and more.

  • Inflation Reduction Act's Methane Tax May Be Unenforceable

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    Recent legislation directs the U.S. Environmental Protection Agency to impose a first-ever direct charge on methane emissions from oil and gas operations — but two fundamental problems with the formula for calculating this tax could make it impossible for the EPA to implement, say Poe Leggette and Bailey Bridges at BakerHostetler.

  • Opinion

    High Court Dispute Shows Need For CWA Clarity

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    Sackett v. U.S. Environmental Protection Agency illustrates the problems with two overly broad tests used to determine jurisdiction under the Clean Water Act, and offers the U.S. Supreme Court the opportunity to once and for all determine the scope of federal authority under the landmark measure, say Thomas Ward and Jeffrey Augello at the National Association of Home Builders.

  • Evaluating The Legal Ethics Of A ChatGPT-Authored Motion

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    Aimee Furness and Sam Mallick at Haynes Boone asked ChatGPT to draft a motion to dismiss, and then scrutinized the resulting work product in light of attorneys' ethical and professional responsibility obligations.

  • 7 Tips To Increase Your Law Firm's DEI Efforts In 2023

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    Law firms looking to advance their diversity, equity and inclusion efforts should consider implementing new practices and initiatives this year, including some that require nominal additional effort or expense, say Janet Falk at Falk Communications and Gina Rubel at Furia Rubel.

  • Series

    Keys To A 9-0 High Court Win: Get Back To Home Base

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    When I argued for the petitioner in Morgan v. Sundance before the U.S. Supreme Court last year, I made the idea of consistency the cornerstone of my case and built a road map for my argument to ensure I could always return to that home-base theme, says Karla Gilbride at Public Justice.

  • New US Waters Definition May Rock The Boat

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    Federal agencies' latest attempt to define "waters of the United States" attempts to avoid previous rules' failings, though it will potentially increase administrative difficulties for regulated entities and also leaves ample ground for litigation, say Christopher Thomas and Andrea Driggs at Perkins Coie.

  • Atty-Client Privilege Arguments Give Justices A Moving Target

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    Recent oral arguments before the U.S. Supreme Court in a case regarding the scope of the attorney-client privilege appeared to raise more questions about multipurpose counsel communications than they answered, as the parties presented shifting iterations of a predictable, easily applied test for evaluating the communications' purpose, say Trey Bourn and Thomas DiStanislao at Butler Snow.

  • 5 Gen X Characteristics That Can Boost Legal Leadership

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    As Generation X attorneys rise to fill top roles in law firms and corporations left by retiring baby boomers, they should embrace generational characteristics that will allow them to become better legal leaders, says Meredith Kahan at Whiteford Taylor.

  • 6 Questions For Boutique Firms Considering Mergers

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    To prepare for discussions with potential merger partners, boutique law firms should first consider the challenges they hope to address with a merger and the qualities they prioritize in possible partner firms, say Howard Cohl and Ron Nye at Major Lindsey.

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