Project Finance

  • March 29, 2024

    NTIA Issues $811M In State Digital Equity Funding

    The Biden administration is releasing the allocation of the first $811 million of the $1.25 billion in digital equity funding it plans on providing states, territories and tribes to ensure everyone within their borders has the ability and skill to access all the internet has to offer.

  • March 29, 2024

    DC Circ. Nixes Challenges To Gas Industry Projects

    Federal energy regulators had broad discretion to approve "good cause" construction deadline extensions for a gas pipeline across New York state and a Texas Gulf Coast gas terminal expansion, according to a D.C. Circuit panel opinion on Friday that rejected conservation groups' challenges to the projects.

  • March 29, 2024

    Convicted Energy Grant Fraudster Loses 1st Circ. Appeal

    The First Circuit rejected the appeal of a Massachusetts man who was convicted of submitting fraudulent applications for federal grant money under the guise of needing it for energy projects, ruling that the verdict was backed by strong evidence.

  • March 29, 2024

    Red States Say Court Must Lift LNG Export Review Pause

    A group of 16 Republican-led states has urged a Louisiana federal judge to immediately lift the U.S. Department of Energy's pause on reviewing applications to export liquefied natural gas to non-free trade agreement countries, saying it's clearly unlawful and exceeds the department's authority.

  • March 29, 2024

    Off The Bench: Ohtani Woes, Va. Ends Arena Plan, Pac-12 Deal

    In this week’s Off The Bench, MLB superstar Shohei Ohtani tries to untangle himself from a gambling scandal, Virginia’s rejection sends two D.C. pro franchises back home, and the Pac-12 pays up to two schools that were left behind. If you were sidelined this week, Law360 will catch you up with the sports and betting stories that had our readers talking.

  • March 28, 2024

    Del. Judge Sends Panama Port Feud Back To Chancery

    A Delaware federal judge has remanded litigation filed by a Hong Kong company alleging that its interest in a lucrative port project near the Panama Canal is being stolen, ruling in a novel decision that an underlying arbitration in Panama did not confer federal jurisdiction.

  • March 28, 2024

    Advocates Push For More Hot Spot Options If E-Rate Expands

    The Federal Communications Commission needs to consider a tech-neutral approach to funding wireless hot spots in schools to make sure that low-income and rural areas do not get left out if mobile carrier signals aren't adequate, an advocacy group said.

  • March 28, 2024

    Texas Wins Court Bid To Vacate Feds' Highway GHG Rule

    A Texas federal judge has dealt the Biden administration a blow by vacating a new Federal Highway Administration rule requiring states to set targets for reducing greenhouse gas emissions from federally funded highway projects, saying Congress never gave the agency that authority.

  • March 28, 2024

    Va. Landowners Return To Supreme Court In FERC Challenge

    Virginia residents with property being condemned for the Mountain Valley Pipeline are asking the U.S. Supreme Court to review a D.C. Circuit decision dismissing their suit challenging the constitutionality of the Federal Energy Regulatory Commission's eminent domain authority, and its ability to delegate that authority to private companies.

  • March 27, 2024

    Evidence On Ex-Mozambique Official Stays In $2B Fraud Suit

    A former Mozambique finance minister can't keep evidence from his phone out of a case alleging his involvement in a $2 billion scheme to siphon government-backed project funds from that country after a federal judge in Brooklyn on Wednesday backed the phone's seizure and search.

  • March 27, 2024

    SD Gov. Seeks Federal Funds Audit Of Tribal Law Enforcement

    South Dakota Gov. Kristi Noem has asked President Joe Biden's administration to conduct a thorough audit of federal funding for the state's nine Native American tribes, saying additional law enforcement resources are urgently needed on reservation lands.

  • March 27, 2024

    Foreign Subsidy Rule Muddles 'Countervailable' Meaning

    The U.S. Department of Commerce's new final rule authorizing itself to investigate subsidies that governments give to manufacturers in other nations casts uncertainty over the definition of "countervailable" in the absence of clarity on how third-party governments will be incorporated into these duty probes. 

  • March 27, 2024

    BLM Finalizes Methane Venting And Flaring Rule

    The U.S. Bureau of Land Management on Wednesday announced its final rule meant to cut the amount of methane released at energy production facilities by reducing leaks and tightening limits on a process known as flaring.

  • March 27, 2024

    FERC Finds Fans And Foes Of Wall Street's Utility Ownership

    The deadline has just passed for initial comments on the Federal Energy Regulatory Commission's reexamination of its policy for allowing financial firms to own electric utilities. Here's a recap of what FERC is contemplating and the initial feedback the agency has received from players throughout the U.S. power sector.

  • March 27, 2024

    Navajo Sue Feds Over Withheld Forestry Program Funds

    The Navajo Nation claims the U.S. Department of the Interior unlawfully withheld more than a million dollars in funding for its contracted forestry management program, telling a D.C. federal judge the department should be forced to provide the money and accept the funding agreements proposed by the nation.

  • March 27, 2024

    DOE, Holtec Ink $1.5B Loan To Restart Mich. Nuclear Plant

    The U.S. Department of Energy on Wednesday unveiled an up to $1.52 billion loan to Holtec Palisades aimed at financing a first-of-its-kind nuclear power plant restoration project for the previously shuttered Palisades Nuclear Plant in Covert Township, Michigan.

  • March 27, 2024

    Make Sure Internet Stays Affordable, House Dems Tell NTIA

    A dozen House Democrats urged a key Biden administration official on broadband policy to ensure high-speed internet projects across the country lead to affordable service as a federal low-income subsidy draws to a close.

  • March 27, 2024

    City Leaders Nix Plan To Move Wizards, Caps To Virginia Site

    Plans for the NBA's Washington Wizards and NHL's Washington Capitals to move from the nation's capital to a $2 billion sports and entertainment complex in northern Virginia came to an abrupt halt Wednesday afternoon, when the city of Alexandria, Virginia announced that its negotiations with Monumental Sports & Entertainment and owner Ted Leonsis "will not move forward.''

  • March 26, 2024

    Judge To Let McDermott Investors Seek 2-Subclass Cert.

    A Texas federal judge has declined to certify a proposed class of investors in energy industry engineering company McDermott International Inc., siding with a magistrate judge who recommended dismissing the class certification bid so the investors could refile and seek certification for two investor subclasses.

  • March 26, 2024

    Don't Give ISPs Penalty-Free Buildout 'Amnesty,' FCC Told

    Broadband providers that default on their agreements to use federal funds to deploy service in rural areas shouldn't get a penalty-free pass on those commitments, even though it's critical to still provide those communities with funding, a rural cooperative has said.

  • March 26, 2024

    Oil Cos. Say Partner Kept Them In The Dark On New Facilities

    A group of Colorado oil and gas companies have accused a Texas energy company they partnered with of secretly building and running pipelines and other infrastructure to support North Dakota oil and gas wells, cutting the Colorado companies out of their share. 

  • March 26, 2024

    Baltimore Bridge Collapse: What We Know So Far

    The overnight collapse of Baltimore's Francis Scott Key Bridge, after being struck by a container carrier Tuesday, will trigger multiple inquiries into maritime and vessel safety, as well as bridge design and engineering standards, that experts say will have significant implications for future lawsuits, regulatory actions and infrastructure rebuilding efforts.

  • March 26, 2024

    Feds Say Ruling Doesn't Back Court Review Of EB-5 Visa Denial

    The Biden administration has countered an argument from Chinese investors that courts can review the denial of their EB-5 visas, telling the D.C. Circuit that the unrelated case that the investors are relying on involves different facts and issues.

  • March 26, 2024

    Biden Admin Greenlights 2nd Orsted NY Offshore Wind Farm

    The U.S. Department of the Interior on Tuesday approved the construction of Orsted-Eversource's Sunrise Wind project off the New York coast, the seventh offshore wind project given the go-ahead by the Biden administration.

  • March 26, 2024

    Enbridge Plugs $350M Into Natural Gas Joint Venture

    Enbridge Inc., WhiteWater/I Squared Capital and MPLX LP on Tuesday announced that they will be banding together to form a joint venture that will develop, construct, own and operate natural gas pipelines and storage assets that connect the Permian Basin natural gas supply to liquefied natural gas export markets.

Expert Analysis

  • Charting The Course For Digital Assets In 2024

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    Although 2023 was a tough year for the digital asset industry, upcoming court decisions, legislation and regulatory action will bring clarity, allowing the industry to expand and evolve, and the government will decide what innovation it will allow without challenge, says Joshua Smeltzer at Gray Reed.

  • Law Firm Strategies For Successfully Navigating 2024 Trends

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    Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.

  • The Most-Read Legal Industry Law360 Guest Articles Of 2023

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    A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.

  • Attorneys' Busiest Times Can Be Business Opportunities

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    Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.

  • In The World Of Legal Ethics, 10 Trends To Note From 2023

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    Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.

  • How Attorneys Can Be More Efficient This Holiday Season

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    Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.

  • 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.

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