Project Finance

  • May 27, 2022

    11th Circ. Criticizes Its Precedent In Guatemala Award Fight

    An Eleventh Circuit panel on Friday grudgingly declined to vacate an arbitral award issued in a dispute over an ill-fated Guatemalan power plant construction project, saying it was "powerless" to overturn existing circuit precedent that fails to jibe with the rulings of the U.S. Supreme Court.

  • May 27, 2022

    Texas Justices Order Retrial On Pipeline Eminent Domain Bill

    The Texas Supreme Court ordered a second trial to determine the value of property seized by a pipeline operator after ruling Friday that the operator is a common carrier with eminent domain rights to condemn Houston-area landowners' property.

  • May 27, 2022

    Judge Approves $230M Calif. Oil Spill Deal

    A $230 million payment is enough to put away allegations that Plains All American Pipeline LLP caused damage to California property owners and fishers during an oil spill seven years ago, a federal judge has ruled.

  • May 26, 2022

    EPA Revamps Its Legal Guidance On Environmental Justice

    The U.S. Environmental Protection Agency released updated legal guidance Thursday intended to help its staff address environmental justice and equity in decision-making.

  • May 26, 2022

    Biden Admin. Tightens Oversight Of CO2 Pipelines

    The Biden administration on Thursday announced a new effort to strengthen oversight of carbon dioxide pipelines, just over two years after a devastating explosion spewed asphyxiating fog into a Mississippi town and sent 45 people to the hospital.

  • May 26, 2022

    TransCanada Attys Accused Of 'Flouting' Procedure In Del.

    Months after getting a judicial smackdown when an attorney was told to pay the Delaware Chancery Court an hour's pay for not following proper procedure, counsel for TransCanada has been accused by Columbia Pipeline Group investor class attorneys of again "transparently flouting Delaware procedure" with a recent filing.

  • May 26, 2022

    Interior Dept. Greenlights PacifiCorp Power Line Project

    The U.S. Department of the Interior approved on Thursday a proposed PacifiCorp long-distance transmission line running from Wyoming to Utah, part of a broader grid buildout by the Western utility giant aimed at accommodating more clean energy.

  • May 26, 2022

    Justices Won't Review Biden Carbon Costs Dispute

    The U.S. Supreme Court on Thursday rejected a request by Republican-led states to block the Biden administration's efforts to increase estimates for costs related to greenhouse gas pollution.

  • May 26, 2022

    Marathon Says Oil Co. Still Owes $10.5M On Leases

    Marathon Oil Co. is seeking a $10.5 million payment from ShenHai LLC that it says it's owed after the company took over responsibility for a stake in a deep-water oil field in the Gulf of Mexico but didn't completely pay for it.

  • May 26, 2022

    Conn. Says Precedent Is Building For Climate Suit Remand

    Connecticut told the Second Circuit that appellate court rulings are falling into place and that the precedent developed establishes that its climate fraud suit against Exxon Mobil Corp. belongs in state court, highlighting the First Circuit's recent reaffirmation that Rhode Island's similar suit belongs in state court.

  • May 25, 2022

    Delaware Justices Uphold Chancery Dismissal of Talos Suit

    The full Delaware Supreme Court unanimously upheld on Wednesday the Chancery Court's dismissal of a Talos Energy Inc. shareholder lawsuit over a $1.1 billion oil field deal, finding it "evident" that the lower court's judgment should be affirmed based on the reasoning in its October opinion.

  • May 25, 2022

    Oil Co. Says Slovakia Owes $2.1B In Drilling Dispute

    A U.S. oil and gas company is claiming to be owed more than $2.1 billion after the nation of Slovakia allegedly changed the rules surrounding drilling projects and began requiring lengthy environmental reviews under pressure from local protestors, according to documents made public on Tuesday.

  • May 25, 2022

    Wind Farm Fight Not In Tribe's Best Interest, 9th Circ. Told

    The Bureau of Indian Affairs, the Campo Kumeyaay Nation and renewable energy developer Terra-Gen defended a California federal judge's dismissal of a lawsuit challenging federal approvals for a $400 million wind farm on tribal land, telling the Ninth Circuit that those behind the suit don't have the tribe's best interests at heart.

  • May 25, 2022

    Red States Say Calif. Climate Decisions Could Cause 'Chaos'

    Several Republican-led states want the Ninth Circuit to reconsider its decision to remand California suits against Exxon, Chevron and others over climate change damages, arguing the outcome in the Golden State could set national standards that merit consideration beyond state court.

  • May 25, 2022

    EPA Acts To Block Alaska's Controversial Pebble Mine

    The controversial Pebble mine planned for Alaska's Bristol Bay was dealt a potentially lethal blow on Wednesday when the U.S. Environmental Protection Agency proposed limiting all discharges from the project.

  • May 25, 2022

    Latham Guides TotalEnergies In $2.4B Renewables Buy

    French energy firm TotalEnergies announced Wednesday it has reached a roughly $2.39 billion deal to buy a 50% stake in U.S. renewables company Clearway Energy Group from Global Infrastructure Partners, with the help of a Latham & Watkins LLP deal team.

  • May 24, 2022

    Ariz. Judge Axes Tribes', Enviros' Suits Over Copper Mining

    Native American tribes and environmental groups can't block a Hudbay Minerals Inc. subsidiary from mining copper ore in the Santa Rita Mountains, an Arizona federal judge has ruled, saying the company's decision to give up a federal permit meant there was nothing left for the plaintiffs to challenge.

  • May 24, 2022

    Brazos Wants To Set Trial Date On ERCOT $1.9B Ch. 11 Claim

    Bankrupt power provider Brazos Electric Power Cooperative Inc. told a Texas judge Tuesday that it wants to set a date for a trial over the $1.9 billion claim asserted by the Electric Reliability Council of Texas to resume even as mediation among the various parties is ongoing, saying it needs to move its case forward.

  • May 24, 2022

    DHS 'Decimated' EB-5 Visa Capital Firms, Investors Say

    A group of investors hit the U.S. Department of Homeland Security with an Administrative Procedure Act suit on Tuesday in Washington, D.C., federal court, alleging the department "categorically decimated an entire industry" by decertifying over 600 regional center programs as a part of its reorganization of the EB-5 visa program.

  • May 24, 2022

    2nd Circ. Case's Relevance Disputed In $1.4B Award Fight

    Luxembourg-based steelmaker ArcelorMittal on Monday rebutted arguments by Essar Group that a recent Second Circuit decision sending a dispute over a canceled $1.1 billion power plant project to Angola supports the Indian conglomerate's bid to toss litigation filed by the steelmaker to enforce a $1.4 billion arbitral award.

  • May 24, 2022

    Mass. Power Plant, Contractor Strike Deal On Ch. 11 Discovery

    Massachusetts power plant Salem Harbor Power Development told a Delaware bankruptcy judge Tuesday it will let a contractor take discovery into whether it has claims against managers or shareholders for the events leading to the contractor's $237 million arbitration award.

  • May 24, 2022

    Md. Inaction Can't Spur Dam Relicensing, DC Circ. Told

    The Federal Energy Regulatory Commission can't relicense an Exelon Corp. hydroelectric dam based on Maryland's waiver of its authority to issue a water quality certificate for the project, environmentalists told the D.C. Circuit on Monday.

  • May 24, 2022

    Skadden Adds DLA Piper Energy Co-Chair In Houston

    The former co-chair of DLA Piper's energy practice has joined Skadden Arps Slate Meagher & Flom LLP as a partner in Houston, the firm announced Monday.

  • May 24, 2022

    State Officials Blast FERC For Power Market Subsidy Rule

    Ohio's consumer advocate and Pennsylvania Republicans are backing a challenge to the Federal Energy Regulatory Commission's decision letting state-backed clean energy producers participate unfettered in regional electricity markets.

  • May 24, 2022

    Judge Raises Payout To Unit Owners Amid $1B Surfside Deal

    The Florida state court judge overseeing consolidated litigation over the collapse of the Champlain Towers South condominium in Surfside agreed Tuesday to increase the payouts to unit owners now that a recently announced $1 billion settlement will provide a better recovery for victims than initially expected.

Expert Analysis

  • Opinion

    ABA Isn't Giving Up On Diversity Efforts By Ending CLE Rule

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    While some view the American Bar Association’s elimination of continuing legal education diversity requirements as capitulating to a Florida Supreme Court decision against the mandate, it was a strategic decision to serve Florida members while improving diversity, equity and inclusion efforts in other ways, says Tiffani Lee at Holland & Knight.

  • Lateral Candidate Screening Steps To Prevent Bad Behavior

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    Bullying and harassment are among the root causes of stress, anxiety and substance abuse in the legal profession, so law firms should take four actions to effectively screen lateral candidates and ensure they are not recruiting individuals who could jeopardize the well-being of their people, says Michael Ellenhorn at Decipher.

  • How Russia Sanctions Are Affecting Compliance

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    The wide-ranging sanctions and export controls that the U.S. and its partners have imposed on Russia in recent months pose complex compliance challenges for commercial operations, investments and financial transactions, even when there is not a direct or obvious nexus with Russia, say Anthony Rapa and Matthew Thomas at Blank Rome.

  • A Look At The Legal Profession Since Murder Of George Floyd

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    Little has changed for Black attorneys since law firms promised to combat discrimination within the profession following George Floyd's murder, but on this second anniversary of his death, law firms can recommit by adopting specific strategies that set their Black lawyers up for success, say Lisa Davis and Khasim Lockhart at Frankfurt Kurnit.

  • Cos. Should Comment Now On New Offshore Wind Areas

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    The Bureau of Ocean Energy Management's recent calls for information regarding potential wind energy areas along the Central Atlantic and Oregon coasts give developers an important opportunity to participate in creating a defensible environmental review process that will enable project development, says Andrew Glenn at Husch Blackwell.

  • Opinion

    NY Ruling Correctly Deems Legal Finance Docs Irrelevant

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    A New York appeals court's recent decision in Worldview Entertainment v. Woodrow joins a growing trend of decisions denying discovery of litigation funding documents, highlighting that commercial legal finance should be treated just like any other financing in commercial litigation, says Andrew Cohen at Burford Capital.

  • Overcommunicate With Your Summer Associates This Year

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    2022 summer associates have had limited opportunities for professional interactions due to the pandemic, so supervising attorneys should prioritize intentional overcommunication by emphasizing importance of tone and content of emails, sharing feedback immediately, and more, says Julie Schrager at Faegre Drinker.

  • Commerce Tariff Memo Helps Dispel Clouds For US Solar Cos.

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    Solar suppliers and developers face numerous uncertainties due to the U.S. Department of Commerce's investigation into whether photovoltaic cells imported from Southeast Asian countries are circumventing anti-dumping and countervailing duty orders against cells from China — but a recent department memorandum provides some clarification, say attorneys at McDermott.

  • Nev. Case Highlights Settlement Authority Dilemmas For Cos.

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    A Nevada federal court's recent decision in Ceja v. The Vons Companies illustrates the pitfalls of misinterpreting a court order requiring a representative with full settlement authority to be present at negotiations, and is a reminder to consider that courts differ as to what full settlement authority means in practice, says Richard Mason at MasonADR.

  • How FERC Proposal Will Guide Clean Grid Development

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    The Federal Energy Regulatory Commission's major new proposal on regional electric transmission planning and cost allocation appears likely to substantially reshape how the transmission system is built out to accommodate the clean energy future, say attorneys at Day Pitney.

  • 2nd Circ. Appears Open To Post-Judgment Section 1782 Use

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    The recent decision in Nigeria v. VR Advisory Services signals a shift in Second Circuit case law that adds further support for litigants' use of international discovery statute Section 1782 for post-judgment proceedings, providing a powerful tool to judgment creditors, says Jeff Newton at Omni Bridgeway.

  • The Fastest Federal Trial Courts: A Look At Virginia, Florida

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    The Eastern District of Virginia rocket docket and the Northern District of Florida were last year’s fastest civil trial courts in the nation, and interviews with two of their judges reveal they have some of the same practices to keep litigation moving efficiently, says Robert Tata at Hunton.

  • What To Expect From Biden Admin.'s NEPA Updates

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    The Council on Environmental Quality's recent National Environmental Policy Act updates will be critically important to federal agencies seeking to implement the Biden administration's renewable energy policies, but their practical impact may be limited, say attorneys at K&L Gates.

  • Tips For Evaluating Machine Learning For Contracts Review

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    Law firms considering machine learning and natural language processing to aid in contract reviews should keep several best practices in mind when procuring and deploying this nascent technology, starting with identifying their organization's needs and key requirements, says Ned Gannon at eBrevia.

  • Adapting To New Hybrid Energy Project Contracts

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    As growing complexity and risk make contractors reluctant to sign lump-sum turnkey engineering, procurement and construction contracts for big energy projects, parties must give careful thought to how new procurement structures can encourage timely and efficient execution of the work, say Daniel Garton and David Strickland at White & Case.

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