Project Finance

  • March 05, 2021

    Duval Real Estate Leaders Hope NYC Will Loosen Restrictions

    New York City is primed to offer a new clean energy financing option for developers, and real estate leaders at Duval & Stachenfeld hope this will be part of a broader move to loosen regulations and encourage more development. This is the second in a five-part series of Q&A's with female real estate leaders during Women's History Month, a year into the COVID-19 pandemic.

  • March 05, 2021

    Texas Can't Undo $29M Highway Verdict At State High Court

    The Texas Supreme Court on Friday rejected a bid from the state of Texas to reverse a $29 million verdict in favor of a developer who claimed a highway project and related land condemnation tanked the value of a residential project site.

  • March 05, 2021

    Germany Will Pay Utilities $2.9B For Nuclear Phaseout

    Germany has agreed to pay settlements totaling some $2.89 billion to four energy supply companies, including the Swedish company Vattenfall, to resolve legal disputes that arose after the country decided to phase out nuclear energy following the 2011 Fukushima disaster.

  • March 05, 2021

    Firms Leveraging Climate Change Know-How To Win Clients

    Law firms are vying to establish themselves as experts on how climate change impacts an ever-expanding array of client interests, putting new spotlights on the work of environmental and energy lawyers that are teaming with disparate practice groups to deliver holistic climate advice.

  • March 04, 2021

    Senate Dems Allow $350B In Virus Aid To Cover Broadband

    Senate Democrats have amended a nearly $2 trillion pandemic relief package to let state and local governments spend some of their $350 billion in aid on broadband, in addition to directly virus-related expenses.

  • March 04, 2021

    Utilities Not Ready To Ditch Gas, Nuclear In Net-Zero Push

    U.S. utility executives on Thursday said they're fully on board with the power sector's accelerating clean-energy transition, yet they insisted traditional fuels like natural gas and nuclear power still have roles to play in a decarbonized electric grid.

  • March 04, 2021

    Climate Adviser McCarthy Touts Biden's Sweeping Vision

    President Joe Biden's National Climate Adviser Gina McCarthy on Thursday gave details about the administration's sweeping approach to climate change, saying the government will pursue carbon reduction projects like more electric vehicle charging stations but still sees the value in traditional energy sources like oil and gas.

  • March 04, 2021

    Magellan Says It's Not Obligated To Remove Ammonia Pipeline

    Magellan Midstream Partners has told an Oklahoma federal court it should dismiss a landowner's claims it is trespassing on his land by not removing an ammonia pipeline, telling the court it has not abandoned the pipeline, and even if it had, the easement it holds does not expire.

  • March 04, 2021

    Fla. County Floats Transit Tax After Old One Struck Down

    The commissioners of Hillsborough County, Florida, asked county staff to look at proposing a referendum on a local sales tax to fund transportation, following the state Supreme Court's invalidation of a similar voter-approved tax.

  • March 04, 2021

    Senate Panel Approves Haaland For Interior Secretary

    The Senate Committee on Energy and Natural Resources voted on Thursday to advance the nomination of New Mexico congresswoman and Pueblo of Laguna member Deb Haaland as U.S. Department of the Interior secretary, putting her on the verge of becoming the first Native American to run a cabinet department.

  • March 04, 2021

    Supreme Court Blocks Release Of Power Plant Rule Docs

    The U.S. Supreme Court on Thursday overturned the Ninth Circuit's finding that the federal government was required to turn over documents concluding that a proposed U.S. Environmental Protection Agency regulation for power plant cooling was likely to put protected species at risk.

  • March 03, 2021

    ERCOT Chief Canned In Wake Of Texas Winter Storm Outages

    The Electric Reliability Council of Texas' board of directors announced Wednesday night it will terminate its president and CEO within the next 60 days in the aftermath of last month's deadly winter storm, when the state's primary grid operator cut power to millions as temperatures plummeted.

  • March 03, 2021

    EPA, Idaho, Tribes Settle With Phosphate Co. Over Mine Waste

    The Environmental Protection Agency, the state of Idaho and the Shoshone-Bannock Tribes told a federal judge Monday that they had reached a settlement for the cleanup of a closed Idaho phosphate mine by a Bayer-owned company.

  • March 03, 2021

    High Court Told Biofuel Ruling Would Cause Economic Strain

    The American Fuel & Petrochemical Manufacturers, a trade association, told the U.S. Supreme Court that it is essential for small petroleum refineries undergoing economic hardships to be able to gain exemptions from renewable fuel blending requirements and that an appeals court was wrong to restrict vital economic relief.

  • March 03, 2021

    5th Circ. Expresses Doubt Over Petrobras Fraud Dismissal

    A Fifth Circuit panel questioned Wednesday whether a Texas federal judge wrongly relied on newspaper articles about a larger anti-corruption sweep in Brazil to pinpoint when Petrobras America knew or should have known Samsung Heavy Industries used bribes to secure a lucrative construction contract.

  • March 03, 2021

    'Mediocre' US Infrastructure Needs More Funding, Report Says

    Middling investment and widespread maintenance backlogs in U.S. transportation and infrastructure have created a $259 billion per year funding shortfall, amplifying the call for significant boosts in government spending, the American Society of Civil Engineers said in a new report Wednesday.

  • March 03, 2021

    Judge Finds $15M Texas Project Suit Should Be Tossed

    A Texas magistrate judge recommended the dismissal of a Dallas finance company's suit accusing an Austin, Texas, suburb of misleading it into providing $15 million to revive a failing real estate project, saying the financier's allegations don't support a wrongful takings claim.

  • March 03, 2021

    Texas Power Co. Opens Ch. 11 Aiming To Seek Legislative Fix

    Texas power cooperative Brazos Electric told a bankruptcy judge Wednesday that it has retained one of the state's top lobbyists to pursue a legislative resolution to the billions of dollars in liabilities owed by Texas power companies in the aftermath of February's devastating winter storm.

  • March 03, 2021

    Apaches Seek 9th Circ. Assurance Against Mine Land Transfer

    An Apache nonprofit pushed the Ninth Circuit again Wednesday for an order preventing the federal government from transferring sacred land for a mine project, brushing aside a recent move from the U.S. Department of Agriculture to rescind an important environmental impact statement issued by the former Trump administration on its way out the door.

  • March 03, 2021

    House Oversight Panel Latest To Probe Texas Grid Blackouts

    A U.S. House subcommittee that oversees environmental and energy policy said Wednesday it is looking into whether Texas' main power grid operator was underprepared for the winter storm that left millions of Texans without power and water last month.

  • March 03, 2021

    Climate Dominates Questions For 2 Biden Enviro Nominees

    President Joe Biden's picks for two top environmental positions faced a flurry of climate change questions at a nomination hearing Wednesday, on issues from pipeline permitting to sea level rise to how federal agencies should calculate harms caused by carbon dioxide emissions.

  • March 03, 2021

    Energy's $40B Loan Authority Back In Play, Granholm Says

    Newly minted U.S. Secretary of Energy Jennifer Granholm said Wednesday she's ready to deploy the agency's $40 billion worth of unused loan authority as part of the Biden administration's clean energy development push, tapping an industry veteran to help hand out the cash.

  • March 02, 2021

    10th Circ. Says Court Abused Discretion With Clean Water Act

    The Tenth Circuit slammed a Colorado federal court Tuesday for abusing its discretion by halting implementation of the Trump administration's narrowed Clean Water Act in Colorado, since the state did not show it would "suffer irreparable injury" without the preliminary injunction.

  • March 02, 2021

    EB-5 Biz Groups Sue Feds Over New Investment Restrictions

    A group of businesses that raise money from foreign investors seeking visas through the EB-5 program sued the government in D.C. federal court Tuesday in a bid to block a new policy that restricts the redeployment of EB-5 investment funds to certain preapproved geographic areas.

  • March 02, 2021

    States, Greens Slam Stay Bid In Auto Emissions Challenge

    The Biden administration should not be allowed to pause litigation over Trump-era vehicle emissions standards because the harm caused by the regulations must be addressed as soon as possible, environmental groups and a coalition of states and local governments told the D.C. Circuit Monday.

Expert Analysis

  • Opinion

    IRS Should Level The Field For R&D Tax Credits

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    A recent increase in denials of research and development tax credits to small businesses in the architectural, engineering and construction community shows the Internal Revenue Service should issue new guidance to ensure a fair playing field and an opportunity to continue innovating in the U.S., says Julio Gonzalez at Engineered Tax Services.

  • Texas Tax Talk: Development Bill Needs Bilateral Buy-In

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    If a pending bill to overhaul the Texas Economic Development Act can resolve the concerns of both project developers and school districts, it will make the popular tax break an even more useful tool for attracting investment, say Matt Larsen and Bucky Brannen at Baker Botts.

  • Ethics Tips For Attorneys Telecommuting Across State Lines

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    Attorneys working remotely from jurisdictions in which they are not admitted should take precautionary steps to avoid engaging in unauthorized practice of law, say John Schmidt and Michael Seaman at Phillips Lytle.

  • 6 Ways Legal Employers Can Help Pandemic-Weary Parents

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    Parenting during the pandemic has introduced a series of competing personal and professional obligations for attorneys and professional staff, and even organizations that are supportive of their parent employees can take steps to do better, says Meredith Kahan at Saul Ewing.

  • Renewable Energy Cos. Need New Risk Management Tools

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    As President Joe Biden seeks to ramp up renewable energy development, the industry's risk managers must not only rely on traditional insurance and contractual warranties, but also explore new risk management products like proxy revenue swaps, say Leslie Thorne and Andrew Van Osselaer at Haynes and Boone.

  • Remote Working Tips For Lawyer Trainees And Their Firms

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    The prospect of joining a law firm during the pandemic can cause added pressure, but with a few good practices — and a little help from their firms and supervising attorneys — lawyer trainees can get ahead of the curve while working remotely, say William Morris and Ted Landray at King & Spalding.

  • Clean Water Act Ruling Could Obstruct Future Permitting

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    A Minnesota federal court's recent ruling that the U.S. Environmental Protection Agency must review applications for federally licensed discharges issued under the Clean Water Act to determine water quality effects in other states could complicate the permitting process, says David Fotouhi at Gibson Dunn.

  • Keys To Carbon Neutral Oil And LNG Transactions: Part 2

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    The parties to a carbon neutral oil or liquefied natural gas transaction must agree upon the source and quality of the carbon offset units used in the deal, as well as on any transaction-specific verification protocols and carbon footprint methodologies, say Gabriel Procaccini and Kenneth Markowitz at Akin Gump.

  • What Biden's Ethics Pledge Means For Gov't Revolving Door

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    Attorneys at Nossaman look at how President Joe Biden’s ethics pledge goes beyond those of his predecessors by imposing post-employment shadow lobbying and golden parachute restrictions on his administration’s appointees — and how a House bill proposing expansion of federal ethics law could affect enforcement.

  • Keys To Carbon Neutral Oil And LNG Transactions: Part 1

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    Carbon neutral oil and liquefied natural gas transactions can make oil and LNG more environmentally competitive with renewable energy, but participants must pay close attention to the cost of carbon offsets involved, and applicable regulations around carbon trading and marketing claims, say Gabriel Procaccini and Kenneth Markowitz at Akin Gump.

  • Opinion

    Punishing Bar Exam Policies On Menstrual Products Must Go

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    Law graduates across the states are sitting for the grueling two-day bar exam this week despite menstruation-related barriers, such as inadequate menstrual product and bathroom access, which could be eradicated with simple policy tweaks, say law professors Elizabeth Cooper, Margaret Johnson and Marcy Karin.

  • Tax Takeaways From India's Proposed Budget

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    Consultants at Deloitte discuss the tax implications of India's latest budget proposals, including the potential benefits for foreign portfolio investors and offshore funds migrating to India's new international financial services center, and the possible rise of M&A costs.

  • Financial Institutions Must Prepare For Climate Regulations

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    Banking regulators will likely start issuing regulations and guidance on assessing climate-related risks soon, so bank directors and senior management must incorporate climate change into their risk assessments and mitigation frameworks, say attorneys at Arnold & Porter.

  • It's Time For Law Firms To Start Loving And Leveraging Data

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    The volume and diversity of data managed by law firms today — from client files to internal financial records — may seem daunting, but when properly organized, good data can help practitioners stay competitive by providing sharper insight into firm resources and cost of work, say Jaron Luttich and Barry Wiggins at Element Standard.

  • A Tough Road Ahead for Democrats' Ambitious Policy Agenda

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    While Democrats in Congress are well on their way to enacting an initial COVID-19 relief bill, they will face challenges when pivoting to President Joe Biden's Build Back Better goals for job creation and economic revitalization, say Russell Sullivan and Radha Mohan at Brownstein Hyatt.

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