Project Finance

  • February 09, 2024

    Ore. Dam Can Be Reviewed In 5 Years, Judge Says

    An Oregon federal district court judge handed down a five-year pause on a decades-old lawsuit over the Columbia River System dams' hydropower practices, saying a stay best serves the orderly course of justice in litigation that's rife with complex issues.

  • February 09, 2024

    Feds Ask 9th Circ. To Pull Plug On Ore. Kids' Climate Case

    The federal government is urging the Ninth Circuit to overturn an Oregon federal judge's decision to greenlight a trial for a lawsuit filed by young plaintiffs who say current energy policies harm their future by exacerbating climate change.

  • February 09, 2024

    NH Wood-Fired Power Plant Hits Ch. 11 With $173M Of Debt

    A biofuel-powered generation plant in New Hampshire filed for Chapter 11 protection Friday in Delaware after a dispute with the purchaser of its power cut off significant revenue flows, leaving it unable to service about $173 million in secured debt.

  • February 09, 2024

    Off The Bench: NCAA NIL Rule Lives; Dartmouth Players Win

    In this week's Off The Bench, a Tennessee judge sends mixed signals to the NCAA in the fight over its NIL recruiting ban, Dartmouth's basketball players tally a win for college athletes' unionization efforts, and DraftKings tries to stop rival Fanatics from benefiting from a former executive who switched sides. If you were on the sidelines over the past week, Law360 is here to clue you in on the biggest sports and betting stories that had our readers talking.

  • February 08, 2024

    Manchin Says Biden Admin Mishandled LNG Pause

    Sen. Joe Manchin expressed his dismay at the Biden administration's late-January announcement to pause liquified natural gas export permit approvals, telling David Turk, the deputy secretary of energy, in a hearing on Thursday that the administration should have turned to the Senate for discussion before making the decision.

  • February 08, 2024

    Senate Committee Advances FAA Reauthorization Bill

    A U.S. Senate panel on Thursday advanced multiyear legislation reauthorizing the Federal Aviation Administration's safety and airport improvement programs, while also dedicating resources to hiring more air traffic controllers and inspectors, enhancing passenger protections, and integrating more drones and so-called air taxis.

  • February 08, 2024

    NJ, Ft. Lee Mayor Fail To Merge NY Congestion Pricing Suits

    A federal judge on Thursday rejected a bid to consolidate two lawsuits — one filed by New Jersey, the other by the mayor of a Garden State town — seeking to halt New York City's congestion pricing toll plan, ruling that the suits make similar claims but seek different remedies.

  • February 08, 2024

    New Eagle Rule Aims To Expand Clean Power, Protect Birds

    Federal wildlife regulators on Thursday put out streamlined permitting for wind farms, power lines and other projects that unintentionally kill, injure and disturb bald and golden eagles, a move welcomed by clean power and conservation groups.

  • February 08, 2024

    Leveraged Finance Partner Duo Joins DLA Piper In NY

    DLA Piper announced that it hired a pair of experienced New York-based attorneys from Shearman & Sterling LLP as partners in its leveraged finance practice group.

  • February 08, 2024

    Eversheds Partner Talks 1st Renewable Energy Super Bowl

    With the National Football League on the precipice of hosting the first 100% renewable energy-powered Super Bowl in history, Baird Fogel, partner and head of the global sports practice at Eversheds Sutherland — and the man behind the host stadium's energy deal — said this is just the beginning.

  • February 07, 2024

    SEC Inks Deal To End Oppenheimer Muni Bond Disclosure Case

    The U.S. Securities and Exchange Commission has reached a settlement with Oppenheimer & Co., putting to rest a suit that was one of the commission's first-ever enforcement actions accusing underwriters of skirting municipal bond disclosure requirements, according to a letter filed Wednesday.

  • February 07, 2024

    Economic Benefits Of New Soot Rule Split EPA, Industry

    The U.S. Environmental Protection Agency is touting its tough new soot emissions standard as good for both public health and the economy, but some industry experts say they're worried about permitting "gridlock" as lower limits could make it difficult for projects like new power plants to proceed.

  • February 07, 2024

    6th Circ. Won't Rehear Fight Over FERC's Price-Cap Rule

    The Sixth Circuit on Wednesday declined to rehear its December price cap ruling that power supplier groups said is being misconstrued by the Federal Energy Regulatory Commission to argue that the D.C. Circuit's ability to act on related litigation is limited.

  • February 07, 2024

    CoinDeal Fraud Promoters Ordered To Repay Profits

    An Illinois federal judge on Wednesday granted the U.S. Securities and Exchange Commission final judgment against two women it accused of advancing the CoinDeal investment fraud scheme, requiring them to disgorge more than $840,000 in restitution and fines.

  • February 07, 2024

    5th Circ. Pressed To Rethink Wipeout Of LNG Air Permit

    Developers of a proposed liquefied natural gas terminal on the Texas Gulf Coast told the Fifth Circuit that project opponents are wrongly asserting federal law in opposing requests for the appeals court to reconsider a panel's ruling that scrapped an emissions permit issued by state environmental regulators.

  • February 07, 2024

    Orrick Adds Ex-Greenberg Traurig Energy Pro In Chicago

    A former Greenberg Traurig LLP shareholder has reunited with her mentor after jumping to Orrick Herrington & Sutcliffe LLP's energy and infrastructure team in Chicago.

  • February 07, 2024

    Australian Energy Cos. Woodside, Santos Cancel Merger Talks

    Australian energy companies Woodside and Santos said Wednesday that they had called off talks to merge, ending for now the possibility of forming a $52 billion energy giant by combining the companies.

  • February 07, 2024

    EPA Says Stricter Soot Requirement Needed For Air Quality

    The U.S. Environmental Protection Agency on Wednesday tightened federal standards for fine particulate matter pollution, touting the action's health and economic benefits.

  • February 06, 2024

    DC Circ. Unsure FERC Can't Order NextEra To Cover Plant Costs

    NextEra Energy's request to be made whole for upgrades to its New Hampshire nuclear power plant's circuit breaker seemed to get a frosty reception from the D.C. Circuit during oral arguments Tuesday.

  • February 06, 2024

    ​​​​​​​FCC Says School Bus Wi-Fi Challengers Can't Zoom To Court

    The Federal Communications Commission urged the Fifth Circuit on Tuesday to toss a challenge from two individuals to the agency's plan to subsidize school bus Wi-Fi, saying they can't go straight to court after failing to lodge a protest with the FCC.

  • February 06, 2024

    Report Shows Fragile US Solar Growth Under Safeguard

    The U.S. solar energy industry has grown despite bumpy conditions since 2020 and is on track to expand into photovoltaic cell production before the end of the year, according to a report released Tuesday by the U.S. International Trade Commission.

  • February 06, 2024

    Suncor Energy Must Pay $10.5M For Air Pollution, Colo. Says

    The state of Colorado said Suncor Energy Inc. must dish out at least $10.5 million toward penalties and improvement projects as a result of its Commerce City refinery's air pollution violations between July 2019 and June 2021.

  • 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.

  • 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.

  • 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.

Expert Analysis

  • '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.

  • Business Takeaways From Biden's Global Labor Rights Memo

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    President Joe Biden's recent memorandum on protecting worker rights is one of the most expansive statements the administration has made regarding international labor rights policy, and reflects several points of which businesses should take note, including the government’s interest in working with the private sector on these issues and a notable focus on the transition to clean energy, say Tom Plotkin and Pegah Nabili at Covington.

  • New Regs Will Strengthen Voluntary Carbon Offset Market

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    Voluntary carbon offsets are a vital tool for organizations seeking to achieve net-zero greenhouse gas emissions — and recent efforts by the U.S. Commodity Futures Trading Commission, the U.S. Department of Agriculture, the state of California and others are essential to enhancing the reliability and authenticity of carbon credits, says David Smith at Manatt.

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