Project Finance

  • July 19, 2019

    Ex-Credit Suisse Director Cops To Role In $2B Loan Fraud

    A former Credit Suisse managing director on Friday admitted to his role in a bribery and investor fraud scheme involving $2 billion in loans to state-backed companies in Mozambique, telling a New York federal judge he conspired to defraud those who invested in the debt.

  • July 19, 2019

    NH Justices Back Block Of Eversource Hydropower Project

    New Hampshire state regulators were within their authority to reject Eversource Energy's proposal for the primary portion of a $1.6 billion power line project intended to ship Canadian hydroelectricity to Massachusetts, the state's Supreme Court held Friday.

  • July 19, 2019

    Biggest Enviro Law Cases To Watch In The 2nd Half Of 2019

    Here, Law360 takes a look at some of the biggest environmental cases to watch in the second half of 2019, including U.S. Supreme Court appeals based on Superfund and Clean Water Act issues and a challenge to President Donald Trump's authority to shrink national monuments designed by his predecessor.

  • July 19, 2019

    Oakland Faces Skeptical Judge In NFL Suit Over Raiders Move

    A California federal judge struggled to see how an antitrust injury resulted from the National Football League allowing the Raiders team to move from Oakland to Las Vegas, but nonetheless granted on Friday the City of Oakland an opportunity to amend its complaint.

  • July 19, 2019

    Army Corps Owes ND $38M For Pipeline Protests, Suit Says

    North Dakota hit the U.S. government with a suit in federal court, claiming the U.S. Army Corps of Engineers owes the state $38 million for failing to contain protests against the Dakota Access Pipeline.

  • July 19, 2019

    UK Antitrust Court Rules Against Rail Infrastructure Giant

    The U.K.'s Competition Appeal Tribunal handed a win to auditor Achilles Information Ltd. on Friday after the company accused Network Rail of changing its audit rules in a way that essentially excluded Achilles from providing auditing services.

  • July 19, 2019

    SC Utility Customers Tell 2nd Circ. To Revive Nuke Plant Suit

    Two South Carolina utility customers on Friday asked the Second Circuit to revive a suit against Westinghouse Electric Co. to recover payments made for an abandoned nuclear project, saying their claims arise from Westinghouse’s post-Chapter 11 acts.

  • July 19, 2019

    DC Circ. Backs EPA On Ditching Hardrock Mining Rule

    The D.C. Circuit on Friday upheld the Trump administration's move to kill an Obama-era proposal that would have required hardrock mining facilities to prove they can pay for cleanup efforts, rejecting arguments by environmental groups that the decision flouted the Comprehensive Environmental Response, Compensation and Liability Act.

  • July 18, 2019

    House Panel Supports Ban On Drilling In Chaco Canyon

    The House Natural Resources Committee has given its blessing to a bill that seeks to withdraw federal land around New Mexico's Chaco Canyon from future oil and gas drilling, saying the proposal is ready to be taken up by the full U.S. House of Representatives.

  • July 18, 2019

    Justice Stevens Ruling Set Groundwork For US Climate Policy

    Justice John Paul Stevens' landmark decision in Massachusetts v. EPA forced the federal government to address the problem of climate change and unleashed a flood of decarbonization policies, a deluge that the Trump administration is trying to reverse.

  • July 18, 2019

    Simpson Thacher Guides $14B Blackstone Infrastructure Fund

    Blackstone's infrastructure fund raised $14 billion in the final close of its inaugural fundraising round, putting the Simpson Thacher-guided vehicle among the world's three largest infrastructure funds, Blackstone said Thursday.

  • July 18, 2019

    Climate Change Divides FERC As LaFleur Says Goodbye

    Members of the Federal Energy Regulatory Commission relitigated how the agency should consider the climate change impacts of projects Thursday in Commissioner Cheryl LaFleur's final meeting, underlining a continued disagreement between its members.

  • July 18, 2019

    AEP To Partially Shut Down Indiana Coal-Fired Power Plant

    American Electric Power Corp. has agreed to retire 1,300 megawatts of coal-fired power at its plant in Rockport, Indiana, by the end of 2028 and make additional investments in emissions reductions as part of an amendment to a 2007 Clean Air Act settlement.

  • July 18, 2019

    BLM Urges End To Suit Over Alaska Oil, Gas Exploration

    The U.S. Bureau of Land Management has asked an Alaska federal court to toss a suit by a tribe and environmental groups over an oil and gas exploration plan in the National Petroleum Reserve-Alaska, saying the agency's environmental analysis complied with federal law and the suit is moot since the exploration ended in May.

  • July 18, 2019

    Fried Frank, Wick Phillips Guide Data Center Co.’s $3B Growth

    Data center company Compass said Thursday it secured additional funding for a planned $3 billion expansion, with guidance from Fried Frank and Wick Phillips.

  • July 17, 2019

    'May I Just Ask': Era Of Civility Passes With Justice Stevens

    Former clerks and attorneys remember Justice John Paul Stevens, who died Tuesday night at the age of 99, for his trenchant mind and his unending civility. Does his passing mark an end to an era of collegiality on the bench?

  • July 17, 2019

    Justice Stevens' Chevron Legacy Under Attack

    Justice John Paul Stevens' landmark decision in Chevron USA Inc. v. NRDC shaped the course of administrative law, and his legacy, for decades. But a recent wave of criticism shared by members of the current court threatens to erase a doctrine that has long bolstered federal regulators' sway over corporate America.

  • July 17, 2019

    'Kindness, Humility, Wisdom': Justices Remember Stevens

    A day after retired U.S. Supreme Court Justice John Paul Stevens died at the age of 99, his colleagues paid tribute to the third-longest-serving member of the high court, cherishing his devotion to public service, his kindness and his unwavering commitment to justice.

  • July 17, 2019

    The Stories They Tell About Justice Stevens

    Justice John Paul Stevens had a legendary reputation as one of the most humble and caring members of the court. His clerks related some tales that show why.

  • July 17, 2019

    Hear Justice Stevens In 5 Memorable Moments On The Bench

    Justice John Paul Stevens was known for being collegial and kind, but he also wasn’t one to mince words. Listen to a few of the justice’s most memorable words from the bench, in majority opinions, sharply worded dissents and at oral argument.

  • July 17, 2019

    Justice Stevens' High Court Legacy In 4 Charts

    In this data deep-dive, Law360 examines retired Justice John Paul Stevens’ long tenure, his relatively breezy confirmation, his transformation from a run-of-the-mill Republican appointee to runaway liberal, and the legacy that lives on in his clerks.

  • July 17, 2019

    NY Climate Legislation Would Stress Building, Power Sectors

    New York's ambitious climate change bill puts the state on a path toward net-zero emissions, placing immense pressure on building owners and the power sector to take action soon to comply with the state's aggressive goals.

  • July 17, 2019

    Md. High Court Says State Has Power Over Solar Zoning

    The Maryland high court has ruled that the state's authority to decide where solar power projects should be located overrides local zoning laws, saying recent legislation aimed at fighting climate change boosts the Public Service Commission's power.

  • July 17, 2019

    Feds Fight Denial Of Standing In Calif. Tribe Water Dispute

    The federal government has told a California federal court that the Agua Caliente Band of Cahuilla Indians is directly injured by the overuse of water in the Coachella Valley and thus both the tribe and the U.S. government have standing in a water rights dispute.

  • July 17, 2019

    Simpson Thacher Guides Strategic Partners' $11.1B Fund

    Strategic Partners, the secondary and fund solutions business of investment firm Blackstone, said Wednesday it secured $11.1 billion for its eighth fund, with guidance from Simpson Thacher & Bartlett LLP.

Expert Analysis

  • Recent IRS Notices Blow Favorable For Wind Projects

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    Two recent IRS notices, adjusting the value of production tax credits and creating a safe harbor for certain U.S. Department of Defense-caused project delays, provide a small breath of fresh air for the onshore wind industry, says David Burton at Norton Rose.

  • Remembering Justice Stevens As A Law Firm Leader

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    Rothschild Barry's John Coffey, who joined Justice John Paul Stevens' law firm in 1965, shares what it was like to watch Justice Stevens practice law, mentor younger lawyers and land a malfunctioning plane.

  • Keeping Conventional Power Going Until Renewables Mature

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    The U.S. Department of Energy, the Federal Energy Regulatory Commission and state regulators have a handful of tools to compel generators to delay the retirement of nuclear, coal and gas plants until greener options are more reliable, but their scope has not yet been tested in court, says Gordon Coffee at Winston & Strawn.

  • Community Solar Needs Clear, Flexible State Regulations

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    As states adopt and expand third-party solar development programs, regulators should streamline rules and avoid prescriptive requirements for developers, say Elliot Hinds and Diana Jeschke at Crowell & Moring.

  • How Carbon Capture Tax Credit Financing Would Work

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    Legislation recently introduced in the Senate would create a new tax-exempt financing option for carbon dioxide generating facilities that spend capital developing green countermeasures for carbon capture and sequestration, says Taylor Klavan of Squire Patton.

  • Answers To Key Legal Finance Ethics Questions

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    While there is discussion in some quarters about new regulations on commercial legal finance, the hands-off approach taken by the majority of courts and legislatures is an implicit recognition that it is already sufficiently regulated, says Danielle Cutrona of Burford Capital.

  • Federal Agencies Need A Uniform Record-Keeping Process

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    The administrative record is very important to federal agency litigation — as showcased in last month's U.S. Supreme Court decision concerning the addition of a citizenship question to the 2020 census — yet there is no set of consistent principles to guide agencies in compiling these official records, say attorneys at WilmerHale.

  • The Role Of Dictionaries In Last Term's High Court Decisions

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    Since 32 of the 67 decisions issued by the U.S. Supreme Court during its October term cite dictionaries, it’s worth reviewing the opinions to learn which dictionaries the justices consulted and how they used them, say Bruce Wessel and Brian Weissenberg of Irell & Manella.

  • How To Evaluate The Rise In Legal Employment

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    Although the rate of employment for law school graduates — which had been falling steadily — saw a small increase over the last year, other factors, such as fewer graduates overall and potential future job growth stagnation, temper the good news for those pursuing law degrees, say Tiffane Cochran and Tyler Grimm of AccessLex Institute.

  • Opinion

    The Business Case For Championing Diverse Legal Teams

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    Leveraging the collective strengths of a diverse workforce is not only the right thing to do, it’s a strategic imperative for any successful firm or business, says Louise Pentland, executive vice president and chief business affairs and legal officer of PayPal.

  • Rethinking The Tech-First Approach To Law Firm Solutions

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    When a lawyer complains about some workflow inefficiency they are having, the knee-jerk reaction of many firms is to look for a technology-based workaround. This overlooks the importance of human psychology and behavior, which may be the root of the problem, says Ryan Steadman of Zero.

  • Top 10 Techniques For Crafting A Dazzling Brief

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    Legal writing often falls flat not because it’s unorganized, but because it’s technically unsound and riddled with gaffes that cheapen and degrade it. Avoiding the most common mistakes will keep judges interested and, most importantly, make them trust you, says Daniel Karon of Karon LLC.

  • High Court's Knick Ruling Is A Big Win For Property Rights

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    The U.S. Supreme Court's decision in Knick v. Township of Scott puts an end to a Catch-22 that left property owners with no way to challenge violations of the Fifth Amendment's takings clause, and will likely trigger an increase in federal takings claims across the country, says Paul Beard of Alston & Bird.

  • Why New Tax Housing Subsidies Would Likely Fail

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    Last week, House representatives introduced a bill that would create a new tax credit for neighborhood revitalization, but research into the outcome of similar place-based investment tax incentives provides reason to hesitate, says Michelle Layser, assistant professor at University of Illinois College of Law.

  • Recent Tax Equity Rulings And The Renewable Energy Sector

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    While mirror Federal Claims Court decisions last week in the Bishop Hill Energy and California Ridge Wind Energy cases were favorable for the renewable energy industry, companies seeking project development grants from the U.S. Department of the Treasury may want to reconsider some of their practices, say David Burton and Keith Martin from Norton Rose.