Project Finance

  • January 27, 2022

    Geothermal Co. Asks 9th Circ. To Let Plant Project Go Forward

    A Nevada geothermal plant developer has told the Ninth Circuit that it should lift a lower court judge's restraining order keeping it from starting construction, arguing that doing so is necessary to avoid major disruptions to its timeline and ability to meet key deadlines.

  • January 27, 2022

    Judge Says $6.1B Energy Deal Fight Can Proceed, This Time

    A Delaware federal magistrate judge on Thursday recommended that revamped federal claims alleging shareholders were led astray about the $6.1 billion sale of renewable power company Pattern Energy should proceed, saying the investors adequately backed up their claims this time around.

  • January 27, 2022

    DC Circ. Reluctant To Touch FERC Grid-Builder Decision

    The D.C. Circuit wasn't buying the argument Thursday morning that the Federal Energy Regulatory Commission contradicted itself by carving out an exception that allowed companies to skip the competitive contractor process when aiming to address "urgent reliability needs" for grid projects.

  • January 27, 2022

    The Term: Breyer's Legacy And The Nomination To Come

    Justice Stephen Breyer on Thursday formally announced he would be retiring at the end of the Supreme Court term. Here, The Term breaks down the legacy he will leave behind and takes a look at what lies ahead for his potential successor with two special guests.

  • January 27, 2022

    Breyer Retiring As Supreme Court Lurches Right

    Justice Stephen Breyer is retiring from the U.S. Supreme Court at a time when his conservative colleagues on the bench seem intent on dismantling landmark precedents on abortion, affirmative action and the administrative state, to name a few. Can his successor preserve his liberal legacy?

  • January 27, 2022

    Former Refinery Owner Reaches Deal In Ch. 11 Insurance Row

    The former owner of a Philadelphia oil refinery that suffered a catastrophic explosion in 2019 has reached a deal to resolve a dispute with insurers over coverage for the property damage sustained in the blast and ensuing fire.

  • January 27, 2022

    Calif. High Court Takes Up Fight Over County's Drilling Bans

    The California Supreme Court has agreed to review a lower court's holding that an approved ballot initiative that would have banned new oil and gas wells, and phased out waste fluid disposal in a county south of San Francisco is preempted by state oil and gas laws.

  • January 27, 2022

    SymBiosis Claims Biotech Firm's Fraud Led To Its Investment

    An interest of venture capital fund SymBiosis Capital Management LLC has sued in Delaware Chancery Court to reclaim its multimillion-dollar share of a $75.5 million investment round conducted by Platelet Biogenesis Inc., accusing the biotech business of inducing the deal through fraud.

  • January 27, 2022

    Judge Jackson Back In Spotlight As High Court Contender

    The upcoming vacancy on the U.S. Supreme Court quickly threw the spotlight back on D.C. Circuit Judge Ketanji Brown Jackson, a former clerk for Justice Stephen Breyer whose stature as a likely successor to the retiring justice was suddenly raised Wednesday.

  • January 27, 2022

    The Implications Of CFIUS' Rising Profile On M&A

    The Committee on Foreign Investment in the U.S. is viewed as an effective tool for policing mergers and acquisitions with foreign investment components, but experts say its increasing prominence means more legal work on the front end of deals, and a growing number of lawmakers say it should shoulder even more responsibility.

  • January 27, 2022

    Biden At His Side, Justice Breyer Announces Retirement

    Supreme Court Justice Stephen Breyer joined President Joe Biden at the White House Thursday to formally announce his retirement, kicking off a rush among Democrats to confirm a new member of the court to replace the oldest serving justice.

  • January 26, 2022

    Democrats Plan Swift Confirmation Of Breyer Successor

    The U.S. Senate's Democratic leaders pledged Wednesday to move swiftly to confirm a successor for U.S. Supreme Court Justice Stephen Breyer, who is expected to formally announce his retirement Thursday.

  • January 26, 2022

    Chinese Investors Fight Proposed Axing Of EB-5 Fraud Suit

    A group of Chinese investors has urged a Florida district court to reject a magistrate's recommendation to permanently toss the investors' allegations that the developers of a Miami Beach hotel helped defraud them of millions they thought they were contributing to the project as part of a federal investment visa program.

  • January 26, 2022

    Trump NEPA Rule Fight Is A Non-Starter, 4th Circ. Told

    The U.S. Chamber of Commerce and other business groups on Tuesday urged the Fourth Circuit not to revive environmentalists' challenge to a Trump-era rule overhauling the National Environmental Policy Act, backing White House arguments that green groups can't fight a rule that hasn't been implemented.

  • January 26, 2022

    Biden Administration Revokes Approval For Minn. Mines

    The Biden administration on Wednesday revoked an Antofagasta PLC subsidiary's mining leases in Minnesota's Superior National Forest, reversing a Trump-era decision to approve the leases and prompting a threat of legal action from the company.

  • January 26, 2022

    Meet The Possible Nominees For Justice Breyer's Seat

    President Joe Biden has promised to nominate the first-ever Black woman to the nation's highest court. Here we look at the contenders for Justice Stephen Breyer's seat, including one notable front-runner.

  • January 26, 2022

    'Just Do Your Job': Justice Breyer's Legacy Of Pragmatism

    With the coming retirement of Justice Stephen Breyer, the U.S. Supreme Court loses not only a core member of its liberal bloc, but also a judicial thinker who cares deeply about making the law work on a practical level, those who worked with him said.

  • January 26, 2022

    5 Breyer Opinions You Need To Know

    Justice Stephen Breyer, who was confirmed Wednesday to be stepping down from the court after 27 years, was a pragmatist who thought about the real-world implications of the high court’s decisions. Here, Law360 looks at some of the cases that epitomize his career.

  • January 26, 2022

    EPA's Enviro Justice Campaign Adds Inspections, Monitoring

    The U.S. Environmental Protection Agency will take a much more aggressive stance toward polluting facilities in vulnerable communities, including increasing the number of surprise inspections and expanding air quality monitoring capacity, the EPA's leader said Tuesday.

  • January 26, 2022

    Justice Breyer To Retire From High Court

    Justice Stephen Breyer, one of the longest-serving liberal members of the U.S. Supreme Court, will resign his post after more than 27 years on the bench.

  • January 25, 2022

    Utilities Urge Justices To Retain EPA's Climate Authority

    Utility industry groups on Tuesday urged the U.S. Supreme Court not to undermine the Environmental Protection Agency's authority to regulate greenhouse gas emissions, arguing it could unleash a flood of tort litigation that carves up U.S. climate change policy.

  • January 25, 2022

    4th Circ. Strikes Down Mountain Valley Forest Crossing

    The Fourth Circuit on Tuesday struck down the federal government's approval for the Mountain Valley pipeline to cross a national forest in Virginia and West Virginia, at least until two agencies fix problems with their environmental review of the proposed project.

  • January 25, 2022

    Hawaii Considers Bill To Bolster Utility-Owned Broadband

    Democrats in Hawaii have introduced a state bill that would pave the way for utility companies to own and operate broadband networks in the Aloha State, a move in line with the Biden administration's push for a shift toward public networks.

  • January 25, 2022

    DC Circ. Won't Enforce $42M Award Against Venezuela

    The D.C. Circuit on Tuesday reversed a ruling enforcing a $42 million arbitral award to a Saint-Gobain subsidiary in a dispute stemming from Venezuela's seizure of the company's investment in a fracking components manufacturer, citing diplomatic concerns over document service issues.

  • January 25, 2022

    Minn. Panel Orders Further Review For Mine's Water Permit

    A Minnesota appeals court sent a proposed copper-nickel-platinum mine's water quality permit back to state pollution authorities with directions to consider whether the mine's discharges of treated wastewater into nearby wetlands require a federal Clean Water Act permit.

Expert Analysis

  • What Climate Migration Forecast Means For Risk Management

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    Recent reports from international experts confirm that climate change is already causing environmental impacts and spurring migration of affected populations — so organizations must grapple now with how it will affect their operations and increase their risks in coming years, says Austin Pierce at V&E.

  • How AI Can Transform Crisis Management In Litigation

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    Attorneys should understand how to use rapidly advancing artificial intelligence technology to help clients prepare for potential catastrophic events and the inevitable litigation arising from them, from predicting crises before they occur to testing legal theories once they arise, say Stratton Horres at Wilson Elser and David Steiger.

  • Get Ready For Likely New Sanctions Against Russia

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    ​New sanctions against Russia​ ​will be a likely reaction to the military situation in Ukraine, so compliance professionals should review​ ​their current relationships and learn common red flags associated with Russian state-owned enterprises, oligarchs and senior officials, say Daniel Chirlin at Walden Macht, David Tannenbaum at Blackstone Compliance and Serge Masters at SDM.

  • Supervisor Relationships Are Key To Beating Atty Burnout

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    In order to combat record attorney turnover and high levels of burnout, law firm partners and leaders must build engaging relationships with supervisees, fostering autonomy and control, enabling expression of values, and building a sense of community and belonging, says Anne Brafford at the Institute for Well-Being in Law.

  • Interconnection Process Is Key To Calif.'s Green Power Goals

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    If California is to achieve its greenhouse gas goals and procure its desired mix of power generation resources, the California Independent System Operator will need to get better at keeping pace with surging interconnection requests, says Seth Hilton at Stoel Rives.

  • Gov't Contractor Takeaways From Biden's Clean Energy Order

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    Attorneys at Covington discuss how President Joe Biden's recent net-zero emissions pledge and related executive actions are changing the landscape of federal procurement, creating new opportunities and challenges for government contractors.

  • 4 Consequences Of Gov't Contractor Antitrust Violations

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    Along with criminal penalties, significant collateral repercussions can follow a government contractor's conviction for antitrust violations, so vigilant compliance strategies are a must as the U.S. Department of Justice turns its attention to this area, say attorneys at Arnold & Porter.

  • Opinion

    Electricity Market Competition Helps Consumers And Climate

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    Lawmakers looking to combat climate change and increase consumer choice should encourage and expand competitive electricity supply markets, to free customers from inefficient and often corrupt vertically integrated monopoly utilities, says Todd Snitchler at the Electric Power Supply Association.

  • The Rising Demand For Commercial Litigators In 2022

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    Amid broken supply chains, pandemic-induced bankruptcies and a rise in regulation by litigation, strong commercial litigators — strategists who are adept in trying a range of tortious and contractual disputes — are becoming a must-have for many law firms, making this year an opportune moment to make the career switch, say Michael Ascher and Kimberly Donlon at Major Lindsey.

  • 3 Cybersecurity Imperatives For Financial Cos. This Year

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    With cyberattacks and regulatory scrutiny both expected to increase in 2022, financial services companies should consider important compliance strategies to protect against cyber risks and enforcement actions, says Shardul Desai at Holland & Knight.

  • What Infrastructure Act Means For Transmission Line Projects

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    The Infrastructure Investment and Jobs Act gives the Federal Energy Regulatory Commission authority to supersede state siting decisions for electric transmission projects, but environmental review requirements make a sudden acceleration of transmission line construction unlikely, say attorneys at Winston & Strawn.

  • How In-House Counsel Can Make The Case For Settling Early

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    Following the recent settlement in McDonald's v. Easterbrook, in-house counsel should consider decision-tree analyses and values-driven communications plans to secure effective, early resolutions in litigation, saving time and money and moving the company mission forward, say Ronald Levine at Herrick Feinstein and Richard Torrenzano at The Torrenzano Group.

  • To Retain Talent, GCs Should Prioritize Mission Statements

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    With greater legal demands and an increasing number of workers resigning during the pandemic, general counsel should take steps to articulate their teams' values in departmental mission statements, which will help them better prioritize corporate values and attract and retain talent, says Catherine Kemnitz at Axiom.

  • DOI's Vision For Offshore Wind: Obstacles And Opportunities

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    The U.S. Department of Interior's recent announcement of its intent to open the U.S. coastline to large-scale offshore wind projects is promising, but wind developers must be ready to confront distinct technical and regulatory challenges in each coastal region, say attorneys at Holland & Knight.

  • Jones Act Compliance Strategies For Offshore Wind Projects

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    Offshore wind developers can use a number of strategies to get projects done while meeting the challenges of complying with Jones Act requirements for the use of vessels built, owned and operated by U.S. persons, say Jonathan Wilconis and Carl Valenstein at Morgan Lewis.

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