Project Finance

  • January 19, 2024

    Law360 Names Practice Groups Of The Year

    Law360 would like to congratulate the winners of its Practice Groups of the Year awards for 2023, which honor the attorney teams behind litigation wins and major deals that resonated throughout the legal industry this past year.

  • January 20, 2024

    Treasury Targeting Year's End For 2nd Round Of Green Credits

    The U.S. Treasury Department is targeting the end of 2024 to wrap up the second round of applications from manufacturers seeking investment tax credit allocations for new or refurbished factories that largely support the green economy, a department official said.

  • January 19, 2024

    Lima Takes Dispute Over Arbitrator Complaint To DC Circ.

    Peru's capital city of Lima is appealing a D.C. federal judge's order directing the city to turn over a criminal complaint it filed against arbitrators adjudicating claims against it related to a highway project and concession contract, maintaining that the judge issued the order before considering the city's immunity defenses.

  • January 19, 2024

    Convertible Bonds Gain Momentum Amid Elevated Rates

    Convertible bonds are picking up speed as a corporate funding tool in early 2024, bolstered by stronger stock performances and pressing refinancing needs, factors that experts say can make these hybrid instruments appealing to companies navigating a costlier interest rate environment.

  • January 19, 2024

    Feds To Turn To 9th Circ. To Swat Down Kids' Climate Suit

    The federal government told an Oregon federal judge it plans to ask the Ninth Circuit to strike down her recent decision greenlighting an amended climate lawsuit filed by young people over the role of harmful fossil fuel energy policies in worsening the climate crisis.

  • January 19, 2024

    Bracewell Gets Ex-Deloitte, Alliantgroup Atty For Its Tax Group

    Bracewell LLP has added an attorney with prior in-house experience at Deloitte and Alliantgroup as a partner in Houston to help bolster its efforts assisting clients in qualifying for and monetizing energy tax incentives, the global firm said in an announcement Thursday.

  • January 19, 2024

    Ariz. Tribes Say Power Line Project OK Imperils Sacred Areas

    A coalition of Arizona tribes and conservationists has sued the U.S. Department of the Interior over its approval of a major power transmission line project running through the state, claiming it failed to conduct a legally adequate inventory of historic properties and cultural resources that would be affected.

  • January 19, 2024

    King & Spalding Adds Bechtel Energy In-House Atty In Texas

    King & Spalding LLP has grown its Houston roster with a partner who boasts decades of experience as an in-house lawyer for energy companies including Bechtel Energy, Chevron and Halliburton.

  • January 19, 2024

    UK Litigation Roundup: Here's What You Missed In London

    The past week in London has seen a bankrupt English local council bring a construction claim against property maintenance company Axis, a Cypriot cheese trade protection body appeal a UK IPO decision granting trademark registration for "Grilloumi" and employees of supermarket giant Morrison’s shop around for compensation in a claim over equal pay. Here, Law360 looks at these and other new claims in the U.K.

  • January 18, 2024

    Biz, Insurer Settle $10.5M Military School Construction Dispute

    A contractor and its insurer have settled a $10.5 million lawsuit seeking coverage for shoddy construction work on a school on a military base, according to a joint statement Thursday in Maryland federal court.

  • January 18, 2024

    SD Sioux Tribe Vying For FCC Universal Service Recognition

    The Cheyenne River Sioux Tribe is asking the Federal Communications Commission to certify its telephone authority as an Eligible Telecommunications Carrier, saying the agency had no reason four years ago to dismiss its petition, which would have made it eligible for federal funding.

  • January 18, 2024

    Dems Say DAPL Review Falling Short For Climate, Tribes

    More than 30 Democratic lawmakers wrote to the U.S. Army Corps of Engineers on Thursday to express concerns about tribal consultation and the climate analysis for a draft environmental impact statement for the Dakota Access Pipeline, saying the draft seems to shortchange and neglect environmental review requirements.

  • January 18, 2024

    Green Group Backs Mich. In Pipeline Challenge Venue Spat

    An environmental policy and law center is backing the Michigan attorney general in her appeal of Enbridge Energy's removal to federal court of a state lawsuit seeking to shut down a pipeline that crosses through the state's water, saying it undermines the role of states to protect their interest in natural resources.

  • January 18, 2024

    Grid Planning Policy Overhaul Is Imminent, FERC Chair Says

    As the Federal Energy Regulatory Commission begins 2024, its chairman said the agency's long-awaited overhaul of how major electric transmission projects are planned and paid for is nearing the finish line.

  • January 18, 2024

    More New Yorkers Jump Into Congestion Pricing Fray

    Another group of New Yorkers, including several city councilmembers, have joined the legal battle to halt congestion pricing, alleging in a new federal lawsuit Thursday that New York City's plan to charge all drivers a fee to enter midtown Manhattan would harm local businesses and exacerbate health risks for vulnerable residents.

  • January 18, 2024

    US Sanctions Emirati Shipper For Oil Price Cap Violations

    The U.S. Department of the Treasury on Thursday sanctioned a United Arab Emirates-based owner of a ship that transported Russian crude oil above a $60 per barrel price cap, marking the department's first oil price cap enforcement action of the new year.

  • January 18, 2024

    Judge Denies Bid To Halt 'Cop City' Over Pollution Claims

    A Georgia federal judge is refusing to block Atlanta's construction of a controversial law enforcement training facility dubbed "Cop City" over claims it's polluting a local stream, holding that the city has put forward enough evidence for now to suggest it is complying with permit terms.

  • January 17, 2024

    Construction Co. To Pay $2.3M Over Solar Farm CWA Claims

    Swinerton Builders will pay $2.3 million to settle claims it breached the Clean Water Act and the environmental protection laws of Illinois and Alabama when it illegally expelled stormwater into waterways while constructing renewable energy project sites throughout the U.S. over five years, the U.S. Department of Justice announced Wednesday.

  • January 17, 2024

    DOJ Asks 4th Circ. For Another Shot After Bid-Rigging Flip

    The U.S. Department of Justice has asked the Fourth Circuit to reconsider a panel's ruling that overturned a former Contech executive's bid-rigging conviction, saying the panel was wrong to focus on a supplier relationship between Contech and a competing contractor.

  • January 17, 2024

    Brazilian Co. Seeks $73M Award Chinese Co. Wants Tossed

    A Brazilian renewable energy company is asking a New York federal court to confirm a $73 million arbitral award it won against a Chinese company in a solar panel supply dispute, a month after the Chinese company moved to have the award vacated.

  • January 17, 2024

    Broadband Groups Want Fewer Historic Preservation Hurdles

    The Advisory Council on Historic Preservation has made it easier to get historical preservation checks done for telecommunications projects on federal lands, but two telecom trade groups say it's time to extend that flexibility to any broadband projects that use federal funds.

  • January 17, 2024

    Foley Hoag Attys Scolded For Delay In Peruvian Highway Case

    Foley Hoag attorneys representing the city of Lima, Peru, cannot delay proceedings in an arbitration enforcement case, a D.C. federal judge has ruled, chastising the attorneys for failing to resolve the issue underlying the requested pause weeks ago.

  • January 17, 2024

    Mayors Call On Congress To Renew FCC Broadband Subsidy

    Dozens of mayors are pressing lawmakers to replenish the Federal Communications Commission's Affordable Connectivity Program, which the agency has begun winding down as funds run low.

  • January 17, 2024

    Dechert Hires Longtime Eversheds Sutherland Partner In DC

    Dechert LLP has hired a former Eversheds Sutherland partner who spent the past two decades there working with investment companies and their boards of directors on a range of financial matters, the firm announced.

  • January 16, 2024

    Mont. High Court Won't Halt Kids' Win In Climate Suit

    A Montana state court's ruling that invalidated laws barring the consideration of greenhouse gas emissions in permitting decisions will stay in place, after the state's high court on Tuesday rejected the Montana attorney general's request for relief from and a stay of the ruling.

Expert Analysis

  • What ESG Investing Ruling Means For Fiduciaries

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    A Texas federal court’s recent ruling — upholding a U.S. Department of Labor rule allowing retirement plan fiduciaries to consider ESG factors in certain investment decisions — provides welcome clarity for plans governed by the Employee Retirement Income Security Act that have long been buffeted by partisan noise and misinformation, say attorneys at Covington.

  • What Panama Canal Award Ruling Means For Int'l Arbitration

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    As the prevalence of international arbitration grows, the Eighth Circuit’s recent decision in Grupo Unidos v. Canal de Panama may change how practitioners decide what remedies to seek and where to raise them if claims are rejected, says Jerry Roth at FedArb.

  • Opinion

    Newman Suspension Shows Need For Judicial Reform

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    The recent suspension of U.S. Circuit Judge Pauline Newman following her alleged refusal to participate in a disability inquiry reveals the need for judicial misconduct reforms to ensure that judges step down when they can no longer serve effectively, says Aliza Shatzman at The Legal Accountability Project.

  • How 2 Cases Could Undermine The Anti-ESG Movement

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    A decision from a federal court in Texas and another case currently making its way through Missouri federal court signal an emerging judicial recognition of the link between environmental, social and governance considerations and maximizing financial returns, say Amy Roy and Robert Skinner at Ropes & Gray.

  • EB-5 Investment Period Clarification Raises More Questions

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    U.S. Citizenship and Immigration Services' recent clarifying guidance for EB-5 investors, specifying that the statutory investment period begins two years from the date of investment, raises as many questions as it answers given related agency requirements and investors' potential contractual obligations, says Daniel Lundy at Klasko Immigration Law Partners.

  • EPA Report A Reminder That Fuel Credits Are 'Buyer Beware'

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    A recent report from the U.S. Environmental Protection Agency's Office of Inspector General is a reminder that fraud risk in the renewable fuel identification number market remains, and that purchasers are ultimately responsible for ensuring the validity of credits they buy, say David McIndoe and Nick Hillman at Eversheds Sutherland.

  • Series

    ESG Around The World: Japan

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    Japan is witnessing rapid developments in environmental, social and corporate governance policies by making efforts to adopt a soft law approach, which has been effective in encouraging companies to embrace ESG practices and address the diversity of boards of directors, say Akira Karasawa and Landry Guesdon at Iwata Godo.

  • How And Why Your Firm Should Implement Fixed-Fee Billing

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    Amid rising burnout in the legal industry and client efforts to curtail spending, pivoting to a fixed-fee billing model may improve client-attorney relationships and offer lawyers financial, logistical and stress relief — while still maintaining profit margins, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • A Case For The Green Investment Regime Under The ECT

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    The EU and U.K.'s potential plans to exit the Energy Charter Treaty, which has been criticized as protecting fossil fuel investments to the detriment of energy transition, ignore the significant strides taken to modernize the treaty and its ability to promote investment in cleaner energy forms, say Amy Frey and Simon Maynard at King & Spalding.

  • Opinion

    Judicial Independence Needs Defense Amid Political Threats

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    Amid recent and historic challenges to the judiciary from political forces, safeguarding judicial independence and maintaining the integrity of the legal system is increasingly urgent, says Robert Peck at the Center for Constitutional Litigation.

  • How Law Firms Can Use Account-Based Marketing Strategies

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    Amid several evolving legal industry trends, account-based marketing can help law firms uncover additional revenue-generating opportunities with existing clients, with key considerations ranging from data analytics to relationship building, say Jennifer Ramsey at stage LLC and consultant Gina Sponzilli.

  • Leveraging Municipal Bonds For Green Energy Finance

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    The U.S.'s transition to renewable energy will require collaboration between public and private capital sources — and that means that lawyers used to working in corporate finance must understand how the municipal bond market functions differently, due to its grounding in the U.S. Constitution, says Ann Fillingham at Dykema.

  • Mitigating Costs And Delays In The Energy Transition

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    Achieving net-zero will require constructing a massive amount of new wind, solar and energy storage infrastructure — and while cost overruns and delays are to be expected, contractors and owners can proactively address these problems in their project documents, say Christopher Ryan and Jesse Sherrett at Shearman.

  • Strategic Succession Planning At Law Firms Is Crucial

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    Senior partners' reluctance to retire, the rise of the nonequity partner tier and generational differences in expectations are all contributing to an increasing number of departures from BigLaw, making it imperative for firms to encourage retirement among senior ranks and provide clearer leadership pathways to junior attorneys, says Laura Leopard at Leopard Solutions.

  • Why All Cos. Should Take Note Of Calif. GHG Disclosure Laws

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    Two recent California laws involving the disclosure of greenhouse gas emissions, as well as the U.S. Securities and Exchange Commission's upcoming final rule, focus on financial services firms' so-called financed emissions, meaning vastly more companies than those directly subject to today's reporting mandates will be required to supply climate-related risk disclosures, says David Smith at Manatt.

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