Project Finance

  • March 07, 2024

    Va. Senate Leaves Proposed NBA, NHL Arena Out Of Budget

    The plan to build a $2 billion sports and entertainment complex to house the Washington Wizards and Washington Capitals in the northern Virginia suburbs was derailed on Thursday, when it was left out of the upcoming budget approved by the state Senate's Finance and Appropriations Committee, leaving questions about if or when the project will be revived.

  • March 07, 2024

    White House Moves To End Highway 'Buy America' Waivers

    The Biden administration on Thursday proposed eliminating waivers to domestic production requirements for items used in federal highway building.

  • March 07, 2024

    CenturyLink Cut From Suit Blaming Utilities For Road Delays

    The city of Sammamish, Washington, has quietly dropped CenturyLink from a state court lawsuit accusing it, Comcast and other companies of causing millions of dollars in roadwork delays by failing to move their infrastructure in a timely manner.

  • March 07, 2024

    FERC Wrong To Give Iowa Grid Project Perk, DC Circ. Told

    A coalition of four industrial and commercial energy consumers has told the D.C. Circuit that the Federal Energy Regulatory Commission wrongly gave out an abandonment incentive for an Iowa transmission project currently hanging in the balance following a March 2023 Iowa Supreme Court ruling.

  • March 07, 2024

    MTA Says NJ Had Chances For Input On NY Congestion Pricing

    The Metropolitan Transit Authority and the Triborough Bridge and Tunnel Authority are urging a New Jersey federal judge to rule in favor of New York's congestion pricing plan in a suit by the Garden State, calling the neighboring state's claim that it did not have enough opportunity for input on the plan "revisionist history" and accusing the Garden State of attacking the plan solely in the public arena.

  • March 07, 2024

    Baker Botts Adds Stoel Rives Energy Finance Partner In DC

    Baker Botts LLP has added a partner from Stoel Rives LLP, who joins the firm in Washington, D.C., to continue his practice focused on advising private lenders and multilateral development banks in a range of energy-related transactional matters, the firm recently announced.

  • March 06, 2024

    Exxon Kicks Off Arbitration Over Guyana Offshore Oil Project

    ExxonMobil has initiated arbitration in order to retain its right of first refusal over Hess Corp.'s stake in a lucrative oil block off Guyana's Atlantic coast, an Exxon spokesperson confirmed on Wednesday.

  • March 06, 2024

    Enviro Groups Say Colo. Trail Will Increase Cancer Risks

    A D.C. federal judge strained to square two directly conflicting assertions in an ongoing challenge to a Fish and Wildlife Service trail in Colorado Wednesday, one from environmental and health groups claiming that plutonium from the site was certain to cause rare and deadly illnesses to trail-goers and nearby residents, and another from the federal government claiming that the trace levels of plutonium near a former-weapons plant were well below thresholds for concern.

  • March 06, 2024

    FCC To Explore 'Amnesty' For Rural Deployment Defaults

    The Federal Communications Commission has asked the public for its views on a proposal to release internet service providers from some obligations to deploy rural broadband under FCC subsidy programs so that affected communities can still obtain federal funding.

  • March 06, 2024

    Cruz Wants FCC Subsidy System Turned Over To Congress

    Sen. Ted Cruz, R-Texas, on Wednesday floated a plan to convert the Federal Communications Commission's multibillion-dollar subsidy system for low-income telecom services to direct congressional control, citing spiraling costs.

  • March 06, 2024

    Judge Won't Revisit Contempt Order In Gold Mine Control Suit

    A Colorado federal judge refused Tuesday to reconsider or amend his 2022 contempt order sanctioning mineral exploration company DynaResource in a decade-old arbitration dispute over control of a Mexican gold mine, finding that DynaResource's arguments are untimely and "at best" tangentially related to the arbitration award.

  • March 06, 2024

    DLA Piper Adds Environmental Credit Atty To NY Energy Team

    DLA Piper has hired an energy attorney whose specialties include environmental credits, advising clients on energy regulatory matters and working with a range of carbon-specific investment structures, the firm announced Tuesday.

  • March 05, 2024

    Settlement Gets 'Tire Spinning' EB-5 Fraud Suit Unstuck

    Winter thawed in a Florida courthouse on Tuesday when the last remaining defendant in a nearly decade-long $50 million investment fraud suit agreed to settle the case, surprising the judge and opposing counsel after refusing for years to strike a deal.

  • March 05, 2024

    Court Has No Cause To Deny Casino Land Request, Tribe Says

    A Michigan tribe urged the D.C. Circuit to reverse a lower court's ruling blocking it from acquiring land for two casino developments, arguing there's no dispute it bought the land to generate gaming revenue and that the Supreme Court and Congress have recognized its endeavor.

  • March 05, 2024

    DC Circ. Leery Of Challenges To Nuke Waste Storage Site

    A D.C. Circuit panel on Tuesday didn't appear convinced by challenges to the U.S. Nuclear Regulatory Commission's approval of a temporary nuclear waste storage site in New Mexico.

  • March 05, 2024

    Rochester, NY, Denied Early Win In SEC's $119M Bond Suit

    A New York federal judge has declined to grant early wins to the city of Rochester, New York; its former finance director; and an advisory firm named in a suit by the U.S. Securities and Exchange Commission alleging they misled investors in a $119 million bond offering.

  • March 05, 2024

    Senate Dem Sees Votes For Broadband Discount Funding

    A key Democratic senator said late Tuesday he sees momentum growing on Capitol Hill for at least a short-term funding renewal for the embattled Affordable Connectivity Program.

  • March 05, 2024

    8th Circ. Affirms Ax Of Tribe's Drilling Approval Challenge

    The Eighth Circuit upheld the U.S. Department of the Interior's approval of eight drilling applications on Tuesday, rejecting the Mandan, Hidatsa and Arikara Nation's argument the drilling sites violated a tribal "setback" regulation barring drilling within 1,000 feet of Lake Sakakawea.

  • March 05, 2024

    Mich. Appeals Court Speeds Up Ford Battery Factory Dispute

    A Michigan appeals judge agreed Tuesday to fast-track a case brought by opponents of a planned $3.5 billion Ford battery plant who want to put a ballot question to voters in the next election.

  • March 05, 2024

    Callon Sued Over Disclosures Prior To $4.5B APA Deal

    A Callon Petroleum Company shareholder has alleged in a proposed class action in Delaware Chancery Court that the company breached its fiduciary duties in connection with a pending $4.5 billion acquisition by APA Corp. by not fully disclosing the details of another proposal.

  • March 05, 2024

    FERC LNG Approvals Flout Court's Orders, DC Circ. Told

    Environmental and local community groups have told the D.C. Circuit that the Federal Energy Regulatory Commission's reapproval of two Texas liquefied natural gas terminals must be thrown out because it failed to undertake additional analysis of the projects' greenhouse gas emissions and environmental justice impacts.

  • March 05, 2024

    Wind Farm Challengers Meet Resistance At 1st Circ.

    A First Circuit panel on Tuesday appeared unlikely to undo the government's approval of a 62-turbine wind farm off the coasts of Martha's Vineyard and Nantucket, questioning the effort of opponents to get the court to consider data on right whales that it did not present to agencies during the review process.

  • March 05, 2024

    Feds Say Neb. Tribe's Suit Over Debt Collections Is Untimely

    The U.S. government is asking a Nebraska federal judge to dismiss a time-barred Santee Sioux Nation suit claiming the government has repeatedly tried to collect on an already paid debt related to the depreciation costs of a health and wellness center built 15 years ago.

  • March 05, 2024

    Treasury Finalizes Direct Pay Rules For Energy Tax Credits

    The U.S. Department of the Treasury on Tuesday finalized regulations governing direct payments of several clean energy tax credits provided by the Inflation Reduction Act but said it was still mulling how to address so-called chaining of payments and co-ownership arrangements.

  • March 04, 2024

    Panama Skirts $100M Claim Over Biofuel Regulations

    An international tribunal has tossed a $100 million claim accusing Panama of enacting regulatory changes that led to the shuttering of a biofuels company, ruling that a group of Italian investors could not prove they controlled the Panamanian company.

Expert Analysis

  • Clean Water Act Jurisdiction Still Murky After A Choppy 2023

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    This year brought several important Clean Water Act jurisdictional developments, including multiple agency rules and a U.S. Supreme Court ruling that substantially altered the definition of "waters of the United States," but a new wave of litigation challenges has already begun, with no clear end in sight, say attorneys at Nossaman.

  • Series

    Children's Book Writing Makes Me A Better Lawyer

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    Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.

  • 'Brownfields' Definition Key To Energy Community Tax Credits

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    As the IRS rolls out guidance for claiming community energy tax credits under the Inflation Reduction Act, a review of the long-standing statutory definition of "brownfields" reveals that it continues to serve the goal of creating opportunities for investment in abandoned properties, says Louise Dyble at Sheppard Mullin.

  • Inside CFTC's Latest Push To Regulate Carbon Markets

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    The Commodity Futures Trading Commission's newly proposed guidance for voluntary carbon credit derivative contracts is among several recent moves it has taken to address climate-related financial risk, and although the guidance is less robust than it could be, it should foster discussion toward a regulatory framework for this market, say attorneys at Morgan Lewis.

  • How Clients May Use AI To Monitor Attorneys

    Excerpt from Practical Guidance
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    Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.

  • Lessons From This Year's Landmark Green Energy IP Clash

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    In this year's Siemens v. General Electric wind turbine patent dispute, a Massachusetts federal court offers a cautionary tale against willful infringement, and highlights the balance between innovation, law and ethics, as legal battles like this become more frequent in the renewable energy sector, say John Powell and Andrew Siuta at Sunstein.

  • New Texas Funds For Water And Power Projects: Key Points

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    Two amendments to the Texas Constitution recently approved by the state's voters, implementing public funds for water and energy projects, may incentivize private companies to participate in development of new water and power infrastructure in Texas — and could well serve as a model for similar partnerships elsewhere, say attorneys at O'Melveny.

  • 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.

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