Project Finance

  • June 29, 2022

    Groups Say Western Oil & Gas Leasing Must Evaluate GHGs

    Environmental advocates sued the U.S. Department of the Interior seeking to invalidate the outcomes of upcoming oil and gas lease sales for plots in eight western states, including the opening of bidding Wednesday for parcels in Wyoming.

  • June 29, 2022

    Rising Star: Latham's Kelly Cataldo

    Latham & Watkins partner Kelly Cataldo represented lenders in one of the largest debt financings of a U.S. renewable energy project to date last year, and she worked on financing the largest solar and co-located battery storage project in the U.S., earning her a place among the project finance attorneys under age 40 honored as Law360 Rising Stars.

  • June 28, 2022

    Flint Jury To Hear From Ex-Gov. After Court Quashes Charges

    A Flint jury will hear recorded testimony from former Michigan Gov. Rick Snyder on Wednesday in a civil trial over the Flint water crisis, following the Michigan Supreme Court overturning indictments against three state officials Tuesday.

  • June 28, 2022

    Water Rights Holders File $68M Ch. 11 Suit Against Alto Maipo

    A Chilean organization that manages water rights near the site of a hydroelectric dam has filed a $68 million adversary suit in the Delaware bankruptcy case of the dam's developer, Alto Maipo, alleging that equipment tests by the debtor lowered water levels and deprived the owners of water access.

  • June 28, 2022

    Enviro Groups Say Texas Refuses To Follow Air Permit Rules

    A cohort of environmental groups petitioned the U.S. Environmental Protection Agency on Tuesday to require Texas' environmental regulator to increase public participation and consider environmental justice impacts during its air permitting program. 

  • June 28, 2022

    DC Circ. Backs FERC's Approval Of $468M Gas Pipeline

    The D.C. Circuit on Tuesday upheld the Federal Energy Regulatory Commission's approval of a $468 million natural gas pipeline project, disagreeing with environmental advocates that developers were permitted to collect excessive returns and environmental concerns weren't given proper scrutiny.

  • June 28, 2022

    Broadband Projects Likely Face Severe Workforce Shortages

    An agency chief at the U.S. Department of Commerce heading up a $42.5 billion effort to deploy broadband told industry leaders Tuesday that workforce shortages raise one of the biggest obstacles to using the money efficiently.

  • June 28, 2022

    Clean Energy Co. Intersect Gets $750M Boost From 3 Firms

    Three private investment firms are infusing Intersect Power with $750 million to help accelerate the expansion of its clean energy platform, according to a statement Tuesday.

  • June 28, 2022

    Energy Cos. Can't Duck Fees For $1.2B Project, 5th Circ. Told

    The Texas agency in charge of a key shipping channel off the Gulf of Mexico told the Fifth Circuit it shouldn't give credence to a brazen attempt by Shell and Phillips 66 to dodge their share of fees intended to pay for a $1.2 billion waterway improvement project.

  • June 28, 2022

    Mass. Gas Plant Pays $44M To End FERC Payment Probe

    A bankrupt Massachusetts gas-fired power plant has agreed to pay a $17.1 million fine and disgorge $26.7 million in profits to resolve Federal Energy Regulatory Commission allegations that it improperly reaped over $100 million in electricity market payments despite not yet being in service.

  • June 28, 2022

    Rising Star: Kirkland's Gregory D. Howling

    Gregory D. Howling of Kirkland & Ellis LLP advised a consortium led by global investment firm KKR in the $15 billion acquisition of global data center real estate investment trust CyrusOne, earning him a spot among the project finance practitioners under age 40 honored by Law360 as Rising Stars.

  • June 28, 2022

    Feds Drop Haitian Bribe Case After Discovering New Evidence

    Federal prosecutors in Boston dropped a Foreign Corrupt Practices Act case against a former U.S. Army colonel and a lawyer just days before they were set to be tried for a second time, after the FBI unearthed text messages suggesting the two were innocent.

  • June 27, 2022

    Biofuel Group Fights Blending Pass For Refiners At DC Circ.

    A biofuel trade association is accusing the U.S. Environmental Protection Agency of wrongfully affording small refiners a get-out-of-jail-free card by not requiring them to honor past years' biofuel mixing requirements even after the refiners' exemption requests were denied.

  • June 27, 2022

    La. Enviro Agency Can't Join Pollution Suit, 5th Circ. Told

    The Louisiana Department of Environmental Quality can't be sued for allegedly failing to inform landowners about pollution at a valve plant because the law doesn't allow tort claims against state agencies, Dresser LLC, Baker Hughes and others have told the Fifth Circuit.

  • June 27, 2022

    PacifiCorp Can't Keep Fire Claims In Federal Court

    A fight between PacifiCorp and California and Oregon residents over wildfire damages has been sent back to state court after a judge determined that the forest where the blaze started isn't a federal enclave over which federal courts have jurisdiction.

  • June 27, 2022

    NY Wind Project Inks Whale Protection Deal With Advocates

    The developers of New York's first offshore wind farm have committed to take steps to protect the endangered North Atlantic right whale in a voluntary agreement with a trio of conservation groups, according to an announcement Monday.

  • June 27, 2022

    Calif. Ruling Steadies Fraught EB-5 Landscape For Now

    A California federal judge has ordered the federal government to allow previously licensed EB-5 regional centers to continue operating while one of the immigrant investment centers challenges an agency mandate to seek reauthorization after March legislation revamped the program.

  • June 27, 2022

    Bankrupt Texas Power Plant Gets $144M Asset Sale Approved

    A West Texas electricity producer won a Delaware bankruptcy court's approval Monday to sell its 330-megawatt wholesale electricity power plant assets for $144.75 million — $53.5 million more than the buyer first offered when the plant declared bankruptcy in April.

  • June 27, 2022

    9th Circ. Keeps Calif. Climate Change Cases In State Courts

    The Ninth Circuit on Monday stood by its decision that climate change suits brought by local governments in California against fossil fuel companies belong in state court.

  • June 27, 2022

    Justices Turn Away 2nd Circ. Mongolia Mining Case

    The U.S. Supreme Court on Monday opted not to review a Second Circuit case refusing to revive claims brought in arbitration against Mongolia, despite arguments that the ruling may hurt New York's reputation as a leading venue for U.S.-based arbitrations.

  • June 27, 2022

    Gibson Dunn, K&L Gates Lead $470M Utility Contractor Merger

    Utility market contractor Primoris Services Corp., guided by Gibson Dunn & Crutcher LLP, announced Monday that it plans to acquire utility construction company PLH Group Inc., steered by K&L Gates LLP, in an all-cash transaction valued at $470 million.

  • June 27, 2022

    Toshiba Defends $500M Hydro Plant Work In Bid To Duck Suit

    Toshiba Corp. wants to avoid a suit claiming it turned over shoddy work and missed deadlines overhauling a hydroelectric plant, arguing the work was fine and the allegations fall outside the bounds of the $500 million contract.

  • June 27, 2022

    Texas Improperly Planned $5.6B Highway Project, Groups Say

    A trio of advocacy groups are claiming Texas transportation officials improperly divided a plan to overhaul sections of Interstate 35 into three standalone portions to avoid a full review of the roughly $5.6 billion project's environmental impacts.

  • June 27, 2022

    Rising Star: King & Spalding's Tristan Pelham Webb

    Tristan Pelham Webb of King & Spalding has helped put together deals for Axium Infrastructure US Inc. for the development of renewable energy transmission lines and massive battery storage in California, earning him a spot among the top project finance practitioners under age 40 honored as Law360 Rising Stars.

  • June 24, 2022

    Mining Project On Sacred Apache Land Lawful, 9th Circ. Says

    Plans to tap nearly 2 trillion tons of copper ore on federal land in Arizona may proceed, after the Ninth Circuit ruled Friday that the mining project does not violate a local Apache group's religious liberty despite preventing its members from accessing a sacred site in the area.

Expert Analysis

  • Texas Infrastructure Act And Renewables Projects: 1 Year In

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    A year into implementation of Texas' Lone Star Infrastructure Protection Act, Jennifer Pier at Husch Blackwell discusses how renewable energy project developers, owners and investors planning projects in Texas can incorporate LIPA-related provisions into transaction and financing documents.

  • DOT Standards For EV Chargers Address Key Public Concerns

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    The U.S. Department of Transportation's recently proposed standards for public electric vehicle charging infrastructure reflect the Biden administration's continued effort to encourage EV deployment in the U.S. markets — and speak to some of the most important concerns of EV consumers relating to charging, say Levi McAllister and Maggie Curran at Morgan Lewis.

  • 5th Circ.'s Nixing Of SEC Judges May Mean Trouble For FERC

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    The Fifth Circuit's recent ruling against the U.S. Securities and Exchange Commission's use of administrative law judges also calls into question the constitutionality of the Federal Energy Regulatory Commission's ALJs — with a critical question being whether the subject of an enforcement action has the option to go to federal court, say Elizabeth Cassady and Daniel Mullen at Steptoe.

  • Opinion

    Now's The Time To Address Archaic Law School Curricula

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    With law school enrollments jumping significantly ahead of a potential recession and more students graduating than the market can absorb, law schools should turn to creative solutions to teach students how to negotiate, work with clients, specialize and use technology to practice their craft more efficiently, says University of Colorado adjunct professor Jason Mendelson.

  • Lessons From Lawyer Fee-Sharing Agreements Gone Wrong

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    The recent fee-sharing dispute between Edelson and Girardi Keese is a reminder that lawyers who do not strictly follow the applicable rules may risk a disciplinary complaint, lose their share of the fee, or wind up in costly litigation with co-counsel, says David Grossbaum at Hinshaw.

  • LeClairRyan Bankruptcy Highlights Pass-Through Tax Issue

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    A Virginia bankruptcy court's recent ruling in the case of defunct law firm LeClairRyan shows there may be serious tax consequences for pass-through entity partners who give up their ownership interest without following operating agreement exit provisions and updating bankruptcy court filings, say Edward Schnitzer and Hannah Travaglini at Montgomery McCracken.

  • Circuits' Remand Of State Climate Suits May Mean Big Liability

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    Federal circuit courts across the nation have recently affirmed that state and local governments can sue energy companies in state courts over harms attributed to climate change — and if the U.S. Supreme Court does not step in, the energy sector could soon face a deluge of liability claims, says Todd Thacker at Goldberg Segalla.

  • 8 Steps To Creating A Legal Ops Technology Road Map

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    Legal departments struggling to find and implement the right technologies for their operations should consider creating a road map that summarizes their approach to technology changes, provides clearly defined metrics for success, and serves as the single source of truth for stakeholders, says Melanie Shafer at SimpleLegal.

  • An Early Step Toward Regulation Of Carbon Offset Market

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    A recent convening held by the Commodity Futures Trading Commission highlighted a need for greater transparency in voluntary carbon markets and for standardization of what constitutes a good or high-quality carbon offset, as well as the CFTC's potential role in regulating the market, say Levi McAllister and Pamela Tsang Wu at Morgan Lewis.

  • The Importance Of Data And Data Analysis In Litigation

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    Understanding, analyzing and effectively presenting large data sets is an increasingly important skill in litigation as it allows plaintiffs to dramatically scale up the scope of cases and is often critical to defeating motions to dismiss and motions for summary judgment, says David Burnett at Motley Rice.

  • EU Hydrogen Plans: Infrastructure And Regulatory Challenges

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    As interest grows in hydrogen import and distribution infrastructure in the European Union, project developers and potential end users need to evaluate possible midstream bottlenecks, and track the EU's evolving hydrogen regulatory framework, say Dan Feldman and Natalya Pilbeam at Shearman.

  • How Cos. Can Track Infrastructure Act Projects — And Funds

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    As federal funds from the Infrastructure Investment and Jobs Act begin to flow to thousands of infrastructure projects across the nation, savvy contractors can determine which types of funded projects are likely to offer the best opportunities, and then follow the flow of federal money into those projects, says Nena Lenz at Fredrikson & Byron.

  • Steps Companies Can Take To Mitigate Privilege Labeling Risk

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    Although Google prevailed on a recent privilege labeling sanctions motion, an important takeaway from the decision is that companies should assess their in-house procedures and employee training programs regarding privileged communications to mitigate risks of the potential appearance of bad faith privilege claims, say Gareth Evans at Redgrave and e-discovery attorney James Hertsch.

  • Despite Carbon Cost Win, Biden Climate Plans Still At Risk

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    The U.S. Supreme Court's recent refusal to take up a group of states' challenge to the Biden administration's social cost of carbon metric is a White House victory — but with the court mulling another case concerning the government's authority to regulate greenhouse gas emissions under the Clean Air Act, Biden's climate agenda still faces obstacles, say attorneys at WilmerHale.

  • What Litigation Funding Disclosure In Delaware May Look Like

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    A standing order issued by Delaware's chief federal judge requiring litigants to disclose whether their cases or defenses are being financed by third parties is unlikely to have onerous effects but may raise questions regarding potential conflicts of interest and access to justice, say Cayse Llorens and Matthew Oxman at LexShares.

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