Project Finance

  • July 30, 2021

    Alaska Lawmakers Seek To Up Tribal Bonds To $4B, Add ANCs

    Alaska's congressional lawmakers have floated legislation that would double the cap on tax-exempt bonds to spur Native American tribal projects to $4 billion and make Alaska Native corporations eligible for the program to help Alaska Natives the lawmakers said had been unfairly left out.

  • July 30, 2021

    FERC Asks DC Circ. To Keep Mitts Off Grid Builder Decision

    The Federal Energy Regulatory Commission told the D.C. Circuit Friday that it didn't do anything wrong when it closed a probe into the way a New England power transmission operator was implementing a certain competition rule, but it isn't the panel's place to hear a challenge to its decision in the first place.

  • July 30, 2021

    TC Energy Can't Kill Suit Over Nixed Keystone XL Pipeline

    The fight over the now-defunct Keystone XL pipeline isn't over just because the project's developer has thrown in the towel, a Montana federal judge said Friday in an order denying a motion to dismiss.

  • July 30, 2021

    DC Circ. Told To Back FERC's Security Upgrades Ruling

    First Energy Corp., Duke Energy and other transmission owners have urged the D.C. Circuit to back up a Federal Energy Regulatory Commission rule that largely leaves infrastructure upgrade responsibilities and strategies in the hands of the owners rather than regional grid operators.

  • July 30, 2021

    Chamberlain Hrdlicka Adds 5 New Attys In Houston

    Chamberlain Hrdlicka has added five attorneys in its Houston office in recent months, bolstering the firm's commercial litigation, securities, tax planning and transactional practice groups.

  • July 30, 2021

    5th Circ. Judge Assails Disparate Impact In Race Bias Case

    A Trump-appointed Fifth Circuit judge took aim at the idea that "neutral policies" with a disproportionate negative impact on minorities violate federal discrimination law, likening the notion to critical race theory and arguing both can engender racial bias.

  • July 30, 2021

    Engie Sells Stake In €14.6B French Gas Network GRTgaz

    CNP Assurances SA and Caisse des Depots et Consignations are increasing their stakes in Engie SA's GRTgaz in a transaction that implies an enterprise value of €14.6 billion ($17.2 billion) for the French gas network, the companies said Friday.

  • July 29, 2021

    Judge Says Zoom Formal Attire Optional, But Clothing A Must

    A Texas federal magistrate judge on Wednesday told attorneys representing parties in litigation over the Keystone XL Pipeline that they're not required to wear formal attire when they appear before him in an upcoming virtual hearing on Zoom, but offered a friendly reminder that some form of clothing is required.

  • July 29, 2021

    Ill. Justices Sink Energy Co.'s Suit Over Ex-Execs' Departure

    The Illinois Supreme Court ruled Thursday that a lower court wrongly revived an energy company's claim that two of its former business developers usurped a corporate opportunity for a power plant project because the project ultimately failed.

  • July 29, 2021

    House Approves $19B Boost For DOT Budget

    The U.S. Department of Transportation could see its budget bumped up to $105.7 billion to expand safety programs and fund highway, rail, transit and climate-focused infrastructure projects as part of a sprawling spending package the U.S. House of Representatives approved Thursday.

  • July 29, 2021

    GE Opposes Energy Co.'s Fast-Track Appeal Bid In $1.1B Case

    GE has asked the Second Circuit not to expedite an Angolan energy company's appeal of a lower court order dismissing a $1.1 billion contract forgery suit on the grounds that the case should go to an Angolan forum, arguing that its challenge doesn't merit such special treatment.

  • July 29, 2021

    FCC Sees Slight Uptick For Staffing In House Budget Bill

    The U.S. House of Representatives on Thursday approved a funding bill that would provide the Federal Communications Commission with a modest 3.7% boost, allowing the agency to increase some enforcement activities and hire more full-time personnel.

  • July 29, 2021

    Infrastructure Deal Firms Up $65B For Broadband Expansion

    After weeks of legislative limbo, internet service providers, state governments and consumers are on track to receive a $65 billion boost for their efforts to expand broadband and make it more affordable as part of a $1.2 trillion infrastructure package that the Senate began debating Wednesday.

  • July 29, 2021

    Puerto Rico Restructuring Plan Heads For Creditor Vote

    A New York federal judge on Thursday sent Puerto Rico's $35 billion restructuring plan out for an October creditor vote after being told the island's fiscal oversight board may call on an eight-decade-old law to get the new bond issues needed to make the plan work.

  • July 29, 2021

    Skanska Must Face Joint Venture Partner's Fiduciary Claims

    The leader of a joint venture constructing a $2.3 billion highway project in Florida can't escape claims it breached its fiduciary duty to its partner in part because it failed to offer evidence to back up its arguments, a Florida federal judge found Thursday.

  • July 29, 2021

    4 Areas EPA Could Expand With House's 23% Budget Boost

    With the House approving its biggest budget boost in a decade, the U.S. Environmental Protection Agency is potentially poised to go on a hiring spree, increase its funding for programs at the state and tribal level, ramp up enforcement efforts and expand its commitment to environmental justice issues.

  • July 29, 2021

    Energy Cos. Expand Arguments For RI Climate Suit Removal

    Major energy companies targeted in a Rhode Island climate change liability suit have expanded their arguments before the First Circuit that the case belongs in federal court, months after the Supreme Court breathed new life into their effort to stay out of state court.

  • July 28, 2021

    Senate Votes To Debate $1.2T Bipartisan Infrastructure Bill

    The U.S. Senate voted Wednesday to move forward with debate on an estimated $1.2 trillion infrastructure proposal after a bipartisan group of senators reached a deal earlier in the day on major outstanding issues in a scramble to finalize legislation comprising key parts of President Joe Biden's economic agenda.

  • July 28, 2021

    Alaskan Tribe Urges 9th Circ. Not To Find Drill Suit Moot

    Environmental groups and an Alaskan tribe urged the Ninth Circuit Wednesday not to find their lawsuit against the Bureau of Land Management moot, saying their challenge to a ConocoPhillips oil and gas exploration program is viable despite one circuit judge asking "what's the point" of the appeal when regulations are about to change.

  • July 28, 2021

    9th Circ. Tosses Challenge To Calif. Desert Hydro Project

    The Ninth Circuit on Wednesday rejected an environmental group's claim that the Federal Regulatory Energy Commission improperly extended the deadline for a California hydroelectric project to begin construction.

  • July 28, 2021

    Gas Pipeline Owner Tells DC Circ. To Ditch Permit Challenge

    The owner of a natural gas pipeline stretching from the Appalachian Basin to Ohio and Michigan wants to put to bed the latest challenge to Federal Energy Regulatory Commission approvals for the project, saying the project approvals were adequately considered.

  • July 28, 2021

    Firm Says Hedge Fund Too Broke To Fight $35M FERC Penalty

    Williams Mullen has asked a Virginia federal court to let the firm drop a hedge fund client facing a $35 million market manipulation suit from the Federal Energy Regulatory Commission, saying the fund is due to run out of money by the end of the year and has made further representation "unreasonably difficult."

  • July 28, 2021

    Pillsbury Adds Ex-Womble Bond Energy Litigators In Houston

    Pillsbury Winthrop Shaw Pittman LLP has added two energy litigators previously with Womble Bond Dickinson as partners in its Houston office, the firm has announced.

  • July 28, 2021

    California Wants High Court To Toss Venoco Takings Suit

    A California state agency is asking the U.S. Supreme Court to overturn what it is calling a "dangerous and unreasonable" Third Circuit decision that sovereign immunity can't stop a Chapter 11 trustee from filing suit over assets taken from bankrupt oil driller Venoco LLC.

  • July 27, 2021

    FERC Paints Grid Reform Agenda For House Energy Panel

    Any overhaul of the Federal Energy Regulatory Commission's transmission planning policies to accommodate more clean energy must include ways to break the logjam of projects waiting to get on the grid and properly divvy up grid upgrade costs, FERC commissioners told a U.S. House panel Tuesday.

Expert Analysis

  • White House Vision For Carbon Capture Faces Obstacles

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    A recent White House Council on Environmental Quality report suggests policies that could bolster carbon capture and storage projects in the U.S., but federal and state regulators and the private sector will face red tape, environmental justice concerns and other challenges in expanding CCS infrastructure, say Ethan Shenkman and Sarah Grey at Arnold & Porter.

  • Law Firms, Know Who's Responsible For Your Cloud Security

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    Lawyers generally know that files go into the cloud and that the files are then secured and protected, but it's necessary for firms to take a closer look at their cloud supply chain and then come up with a responsibility matrix that helps mitigate any potential risks or weaknesses, says Martin Ward at iManage.

  • Texas Power Crisis Suits Bring Market Price Questions

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    As lawsuits mount centering on Texas' February power crisis, the Electric Reliability Council of Texas operating reserve demand curve will be critical in pinning down what prices would have been absent the Texas Public Utility Commission's interference and how much the generators now owe the suppliers for the shortfall, say Todd Aagaard at Villanova University Law School and Andrew Kleit at Penn State University.

  • Benefits For Law Firms Venturing Into New Services

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    By offering more services, law firms can deepen and strengthen their client relationships and truly become an extension of their clients' teams while generating new revenue streams, and while there are risks associated with expanding into consulting, they may be worth it, says Lou Ramos at Major Lindsey.

  • Series

    Embracing ESG: Exelon GC Talks Diversity Initiatives

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    Executing a commitment to diversity, equity and inclusion programming, through recruitment, inclusive legal pipelines and community empowerment via pro bono efforts, can ensure a strong environmental, social and governance proposition, says Gayle Littleton at Exelon.

  • Methane Rule Changes Add Complexity For Oil And Gas Cos.

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    President Joe Biden's recent move to reinstitute regulation of methane under the federal New Source Performance Standards, thus rolling back changes made by the prior administration, creates additional compliance challenges for oil and gas transportation and storage companies, say Whit Swift and Brittany Pemberton at Bracewell.

  • Revamping Law Firm Marketing Lists — With Partner Buy-In

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    Jackson Lewis’ Paige Bowser shares lessons from the firm's recent overhaul of an outdated email marketing database, including tips for getting partners on board, ensuring compliance with privacy laws and augmenting outreach strategies.

  • The Murky World Of Legal Rankings Gets Some Clarity In NJ

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    New Jersey's new, stringent approach to legal rankings will make accolade advertising more transparent, benefiting both attorneys and clients and offering legal marketers a new set of best practices amid evolving standards, say Penny Paul at Lowenstein Sandler and Susan Peters at Greybridge.

  • Justices' Biofuel Exemption Ruling Boosts Small Refineries

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    The U.S. Supreme Court's recent decision in HollyFrontier Cheyenne Refining v. Renewable Fuels Association, enabling the revival of lapsed exemptions from biofuel requirements under the Clean Air Act, gives small oil refineries added flexibility, says Scott Press at Goldberg Segalla.

  • Series

    Embracing ESG: Cigna Counsel Talks Employee Wellness

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    Building employee well-being into corporate environmental, social and governance priorities required our legal team to focus more closely on cross-functional collaboration within the company and increased communication with our board of directors and shareholders, says Julia Brncic at Cigna.

  • Nuclear Energy And Environmental Justice In The Biden Era

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    While President Joe Biden's greenhouse gas reduction goals create a major opportunity for the nuclear energy sector, the administration's environmental justice initiatives mean that the industry must be conscious of its impacts on the communities where it operates, say Benjamin Wilson and Hilary Jacobs at Beveridge & Diamond.

  • Hybrid Work Models Are Key To Gender Parity In Law Firms

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    To curb the historically high rates of attrition among female lawyers, Roberta Liebenberg at Fine Kaplan and Stephanie Scharf at Scharf Banks suggest firms must normalize hybrid work schedules, and they recommend best practices to promote engagement among all attorneys, regardless of where they work.

  • 3 Roadblocks Facing Electric Vehicle Adoption In US

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    While a flurry of auto manufacturers recently committed to all-electric fleets in the coming decades, widespread electric vehicle adoption in the U.S. faces critical challenges, and addressing these issues will require both political will and funding at the federal level — neither of which is guaranteed, says Kevin Chen at Foley Hoag.

  • 3 Keys To Winning Your Next Oral Argument

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    To leverage the unique opportunity oral arguments provide to talk directly to judges and contribute to their decision making, attorneys must mind the three hallmarks of persuasiveness: projecting credibility, exuding likability and gaining the listener's trust, says Daniel Karon at Karon LLC.

  • Federal Loan, Grant Recipients Should Expect ESG Mandates

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    Organizations that receive certain grants, loans or contracts from the federal government should prepare for the possibility that the Biden administration may soon require them to conduct environmental, social and governance materiality assessments identifying nonfinancial risks, say attorneys at Faegre Drinker.

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