Project Finance

  • October 15, 2021

    US, Wind Farm Cos. Ask for Win in Okla. 'Mining' Suit

    The U.S government and a group of wind farm developers have asked a federal judge to grant summary judgment in their long-running battle over the excavation and use of minerals on Osage Nation land.

  • October 15, 2021

    Steinmetz Ordered To Honor Year-Old Discovery Request

    A New York federal judge granted Brazilian mining company Vale SA's request to compel discovery on Friday in its $2.2 billion arbitration award confirmation suit, three days after the company accused Israeli billionaire Beny Steinmetz of snubbing its 18-month-old discovery request related to his assets.

  • October 15, 2021

    Biden Officials Say Tracking Is Key To Enviro Justice Efforts

    The Biden administration is working on ways to keep track of its progress on environmental justice objectives, including through a scorecard for the various arms of the federal government, senior officials said Friday.

  • October 15, 2021

    Texas Justices Reverse Course To Hear Bullet Train Fight

    The Texas Supreme Court on Friday reversed its previous denial of review and decided to take up claims that the private developers of a high-speed passenger train from Dallas to Houston can't use eminent domain to survey and take land for the project.

  • October 15, 2021

    ND Tribe Members Suing Over Oil Spill May Seek Only $1

    A North Dakota federal judge axed the majority of a Mandan, Hidatsa and Arikara Nation family's lawsuit accusing companies of spilling oil on their land and attempting to remediate it without permission, ruling that because the landowners flouted discovery procedures, they could seek only one dollar in damages.

  • October 15, 2021

    High Court Won't Pause Ruling Axing Spire Pipeline Permit

    The U.S. Supreme Court on Friday denied gas pipeline operator Spire's request for the high court to pause a D.C. Circuit order vacating a key permit for the now-completed $286 million, 65-mile pipeline that serves the St. Louis area.

  • October 15, 2021

    Texas Justices To Review $820M Refinery Feud

    The Texas Supreme Court on Friday agreed to wade into an $820 million dispute between Petrobras and Belgium-based Transcor Astra Group over a soured refinery partnership, a move both companies requested.

  • October 15, 2021

    49ers Stadium Contractor To Pay Team $6M For ADA Liability

    The general contractor for Levi's Stadium has agreed to pay $6 million to the San Francisco 49ers for its alleged role in building a purported "disability access nightmare," two years after the NFL team inked a $24 million Americans with Disabilities Act class settlement over the venue.

  • October 15, 2021

    FERC Commissioner Splits Ramp Up Confirmation Pressure

    Tuesday's Senate confirmation hearing on President Joe Biden's choice to fill the last vacant spot at the Federal Energy Regulatory Commission has taken on new stakes after stalemates among FERC's four current commissioners allowed two controversial power market changes to take effect.

  • October 15, 2021

    Australian Regulator Lets AusNet Mull $7.4B APA Bid

    Australian energy company AusNet Services will reopen talks about a potential AU$10 billion ($7.4 billion) takeover by APA Group after an Australian regulator ruled Friday that an exclusivity agreement the target had with a competing bidder will expire next week.

  • October 14, 2021

    EPA Unveils Plan To Address Native Water Challenges

    The U.S. Environmental Protection Agency unveiled an action plan Thursday aimed at bolstering its partnerships with tribes to tackle critical water issues and provide vital water protections on native lands.

  • October 14, 2021

    Biden Officials Say Environmental Justice Is Top Priority

    Environmental justice will be a centerpiece of the Biden administration's environmental enforcement priorities, top officials from the U.S. Department of Justice, U.S. Environmental Protection Agency and U.S. Department of Transportation said during a virtual conference on Thursday.

  • October 14, 2021

    Tribal Partnerships Could Supercharge Grid Development

    A recently completed California transmission upgrade project partly financed by a tribe whose land it crosses may serve as a template for future tribal-private partnerships that can accelerate the transmission development needed to get more clean energy on the grid, experts say.

  • October 14, 2021

    US Solar Cos. Warn Of China Blowback If Anonymity Dashed

    U.S. solar companies urged the U.S. Department of Commerce to investigate whether their Chinese rivals were bypassing steep solar tariffs, but also to shield their names from the public out of fear of potential blowback from Beijing.

  • October 14, 2021

    Orrick, Cleary Hit With $310M Malpractice Suit

    Renewable energy company TerraForm Power slapped Orrick Herrington & Sutcliffe LLP and Cleary Gottlieb Steen & Hamilton LLP with a legal malpractice suit Wednesday, alleging the firms botched an M&A deal resulting in damages worth more than $300 million.

  • October 14, 2021

    $112M Toll Road Award Suit Must Go On, Odebrecht Unit Says

    An infrastructure company owned by the Brazilian conglomerate Odebrecht says that a year of administrative delays pushed by the government of Lima, Peru, has denied it access to an arbitration award that has ballooned to more than $112 million and that enough is enough.

  • October 14, 2021

    Polsinelli Adds Energy Pro To Ranks In Chicago

    Polsinelli has hired an attorney with significant experience representing developers of renewable energy projects to join its energy law practice group, the firm announced.

  • October 13, 2021

    Judge Blocks Mont. Law That Restricts Coal Plant Closures

    A Montana federal judge blocked a newly enacted state law from being enforced Wednesday after determining the statute, which allegedly intended to make it harder to shut down coal-fired power generators in the state, likely unconstitutionally interferes with a decades-old contract.

  • October 13, 2021

    Biden Admin. Plans 'Ambitious' Wind Farms On US Coastline

    U.S. Department of the Interior Secretary Deb Haaland on Wednesday said her agency is working on an "ambitious roadmap" to develop wind farms along almost the entire U.S. coastline, as part of the Biden administration's goal to increase renewable energy production.

  • October 13, 2021

    Calif. County's Ban On Oil, Gas Wells Struck Down

    A California appeals court has killed a ballot initiative that would've banned new oil and gas wells and phased out waste fluid disposal in a county south of San Francisco, saying the initiative was preempted by state oil and gas laws.

  • October 13, 2021

    Vale Says Steinmetz Has Ignored Year-Old Discovery Request

    Brazilian mining company Vale SA told a New York federal judge that Israeli billionaire Beny Steinmetz has ignored an 18-month-old discovery request related to a $2.2 billion award confirmation suit and asked the judge for an order compelling a response.

  • October 13, 2021

    CEQ Leader Touts NEPA Reviews As Key To Climate Agenda

    Ensuring clean energy projects pass robust environmental reviews is essential to fulfilling the Biden administration's climate change goals and shouldn't be seen as an impediment to quick progress, the leader of the White House Council on Environmental Quality said Wednesday.

  • October 13, 2021

    FERC Split Opens Door For Southeast Power Market Plan

    A controversial plan from Southern Co., Duke Energy Corp. and other utilities to create a Southeast regional electricity market is now a reality as the Federal Energy Regulatory Commission failed to take action on the proposal because commissioners are split over its legality.

  • October 12, 2021

    US Says Wind Farm Developers' Lies Deserve Sanctions

    The United States asked an Oklahoma federal court on Monday to sanction a group of wind farm developers for breaking promises to keep records related to its suit opened on behalf of Osage Nation alleging that the companies trespassed on the tribe's lands.

  • October 12, 2021

    Oglala Sioux Tribe Won't Help Army Corps' DAPL Review

    The Oglala Sioux Tribe announced that it is no longer helping the U.S. Army Corps of Engineers create an environmental impact statement for the Dakota Access Pipeline, saying the contractor developing the review is biased in favor of the pipeline company.

Expert Analysis

  • Proposed Mass. Enviro Regs Prompt Compliance Questions

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    The proposed amendments to the Massachusetts Environmental Policy Act would introduce new assessments for determining unfair or inequitable environmental burden on marginalized populations, but the lack of guidance and a looming implementation deadline leave developers in the dark on how to apply new regulatory concepts, say attorneys at Holland & Knight.

  • 4 Antitrust Risk Areas To Watch For Government Contractors

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    To plan for the increased likelihood of detection and stiff penalties for antitrust violations following the anticipated passage of the Infrastructure Investment and Jobs Act, compliance efforts should focus on joint bidding, dual distribution, legal certifications, and hiring and compensation, say Andre Geverola and Lori Taubman at Arnold & Porter.

  • Girardi Scandal Provides Important Ethics Lessons

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    The litigation and media maelstrom following allegations that famed plaintiffs attorney Thomas Girardi and his law firm misappropriated clients' funds provides myriad ethics and professional responsibility lessons for practitioners, especially with regard to misconduct reporting and liability insurance, says Elizabeth Tuttle Newman at Frankfurt Kurnit.

  • Series

    Embracing ESG: Jabil GC Talks Compliance Preparation

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    Tried-and-true compliance lessons from recent decades can be applied to companies’ environmental, social and governance efforts, especially with regard to employee training and consistent application of policies — two factors that can create a foundation for ESG criteria to flourish, says Robert Katz at Jabil.

  • 3 Ways CLOs Can Drive ESG Efforts

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    Chief legal officers are specially trained to see the legal industry's flaws, and they can leverage that perspective to push their companies toward effective environmental, social and governance engagement, says Mark Chandler at Stanford Law School.

  • How Law Firms Can Rethink Offices In A Post-Pandemic World

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    Based on their own firm's experiences, Kami Quinn and Adam Farra at Gilbert discuss strategies and unique legal industry considerations for law firms planning hybrid models of remote and in-office work in a post-COVID marketplace.

  • Protecting Attorney-Client Privilege In Human Rights Audits

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    As investors and customers increasingly demand corporate plans to address human rights concerns, multinational companies conducting audits and other due diligence should consider four practical steps to maximize the protections of attorney-client privilege while still fostering effective engagement with stakeholders, say Katherine Pappas and Virginia Newman at Miller & Chevalier.

  • Series

    Embracing ESG: Baker Hughes CLO Talks Sustainability Team

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    For businesses focused on addressing environmental, social and governance considerations, a legal team that can coordinate sustainability efforts across the company can help to manage risk and compliance issues, anticipate and prepare for change, and identify new opportunities, says Regina Jones at Baker Hughes.

  • What Mainstreaming Of Litigation Finance Means For Industry

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    The rush of new capital and investors into the litigation funding space is expected to bring heightened competition on price and other key deal terms, but litigants will need to be more in tune with individual financiers' proclivities, says William Weisman at Therium Capital Management.

  • Enviro Review Standard Tweaks May Clarify Cleanup Liability

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    Forthcoming revisions to the standard for Phase I environmental site assessments will likely afford property owners and operators clearer protection from liability for hefty environmental cleanups, so interested parties in real estate and M&A deals should pay close attention, say Lorene Boudreau at Ballard Spahr and Mitchell Wiest and Sara Redding at Roux Associates.

  • Vacatur Of Trump Water Rule Means More Uncertainty Ahead

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    An Arizona federal court's recent vacatur of the Trump-era Navigable Waters Protection Rule is only the latest twist in the quest for a clear definition of "waters of the United States" — and if history is any guide, the regulated community can expect more controversy and more litigation to come, say attorneys at K&L Gates.

  • What 9th Circ. Privilege Test Means For Dual-Purpose Advice

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    While the Ninth Circuit's recent ruling in In re: Grand Jury confirms that courts should use the primary-purpose test to determine whether communications with both legal and business purposes are shielded by the attorney-client privilege, questions on the application of the test remain, says Scott Tenley at Michelman & Robinson.

  • Lifting The Veil On The Supreme Court's Shadow Docket

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    Following headline-making U.S. Supreme Court emergency orders on Texas’ new abortion law, COVID-19 restrictions and more, Vetan Kapoor, counsel to Senate Judiciary Committee ranking member Chuck Grassley, R-Iowa, examines the court's so-called shadow docket and its decision-making procedures, including questions around transparency, timing and precedential effect.

  • EU Carbon Border Fee Plan Could Spark Trade Wrangling

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    The Europe-wide carbon border adjustment mechanism that the European Commission recently proposed would affect industries and supply chains around the globe, posing financial and trade-related regulatory and contractual challenges for companies, and possibly leading to disputes at the World Trade Organization, say attorneys at Hogan Lovells.

  • Opinion

    World Bank Should Add Sanctions To Curb Human Trafficking

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    In its mission to support impoverished states, the World Bank should take the easy, long-overdue step of sanctioning companies that engage in human trafficking, because it is blatantly unethical to award contracts to companies profiting from such acts and lets down the population it was designed to protect, say University of Colorado law student Benjamin Hepler and Perkins Coie attorney Paul Hirose.

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