Project Finance

  • 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.

  • February 06, 2024

    Ex-Contech Exec Asks 4th Circ. To Toss More Convictions

    The U.S. Department of Justice and the former Contech executive who was convicted of bid-rigging both agree that the Fourth Circuit should rethink the decision that wiped out that conviction, but for different reasons — one wants the conviction reinstated, while the other says the panel didn't go far enough.

  • February 06, 2024

    Nev. Teachers Union Sues To Upend Oakland A's Stadium Deal

    A Nevada teachers' union has sued in state court to block a measure lawmakers approved in June to provide $380 million in public money to a new ballpark for the Oakland A's on the Las Vegas Strip, arguing the package passed in a special session last summer wasn't vetted for flaws.

  • February 06, 2024

    Legato Merger's Third SPAC Prices $175M Offering

    Legato Merger Corp. III, a special-purpose acquisition company targeting infrastructure and construction-related industries, was slated to begin trading Tuesday after raising $175 million in an initial public offering, represented by Graubard Miller and underwriters' counsel Loeb & Loeb LLP.

  • February 06, 2024

    Construction Group Of The Year: King & Spalding

    King & Spalding LLP secured a $1.9 billion arbitration award in June in a case stemming from cost overruns at a Colombian oil refinery and is defending the award in forums on three continents, earning a spot among Law360's 2023 Practice Groups of the Year for Construction.

  • February 05, 2024

    Groups Urge 9th Circ. To Overturn Alaskan Willow Project

    The Bureau of Land Management should have looked before it leaped in reapproving ConocoPhillips' planned Willow drilling project in Arctic Alaska, the Center for Biological Diversity said Monday, arguing that the agency refused to evaluate the effects of any alternative plans that stranded economically viable oil on the company's land leases.

  • February 05, 2024

    Justices Urged To Turn Away $392M Arbitrator Bias Suit

    An oil company has urged the U.S. Supreme Court to deny a petition asking it to overturn the Second Circuit standard for vacating arbitral awards over apparent arbitrator bias, arguing that any differences in the federal appeals courts over the evident partiality standard are "academic."

Expert Analysis

  • 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.

  • Series

    Writing Thriller Novels Makes Me A Better Lawyer

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    Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.

  • What Lawyers Must Know About Calif. State Bar's AI Guidance

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    Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.

  • Industry Must Elevate Native American Women Attys' Stories

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    The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.

  • Understanding Discovery Obligations In Era Of Generative AI

    Excerpt from Practical Guidance
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    Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.

  • Navigating USCIS' New Minimum EB-5 Investment Period

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    Recent significant modifications to U.S. Citizenship and Immigration Services’ EB-5 at-risk requirement are causing uncertainty for several reasons, but investors who consider certain key aspects of prospective projects can mitigate the immigration and investment risks, say Samuel Silverman at EB5AN, Ronald Klasko at Klasko Immigration, and Kate Kalmykov at Greenberg Traurig.

  • Calif. Resource Adequacy Update May Revalue Power Projects

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    The California Public Utilities Commission's recently initiated proceeding to overhaul its resource adequacy framework — part of an effort to maintain the reliability of the state's power system while decarbonizing it — could have significant effects on the valuation of existing and future power generation resources, say Nicholas Gladd and Max Learner at Wilson Sonsini.

  • Series

    ESG Around The World: Mexico

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    ESG has yet to become part of the DNA of the Mexican business model, but huge strides are being made in that direction, as more stakeholders demand that companies adopt, at the least, a modicum of sustainability commitments and demonstrate how they will meet them, says Carlos Escoto at Galicia Abogados.

  • The Case For Post-Bar Clerk Training Programs At Law Firms

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    In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.

  • Attorneys Have An Ethical Duty To Protect The Judiciary

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    The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.

  • What NJ's Green Remediation Guidance Means For Cleanups

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    Recent guidance from the New Jersey Department of Environmental Protection promoting greener approaches to restoring contaminated sites demonstrates the state's commitment to sustainability and environmental justice — but could also entail more complexity, higher costs and longer remediation timelines, say J. Michael Showalter and Bradley Rochlen at ArentFox Schiff.

  • Mo. Solar Projects Need Clarity On Enterprise Zone Tax Relief

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    In Missouri, enhanced enterprise zones offer tax abatements that could offset the cost of solar project infrastructure, but developers must be willing to navigate uncertainty about whether the project is classified as real property, say Lizzy McEntire and Anna Kimbrell at Husch Blackwell.

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