Project Finance

  • May 13, 2021

    DC Circ. Won't Stay Dakota Access Pipeline Permit Ruling

    The D.C. Circuit on Thursday refused to put on hold its ruling backing a lower court decision to wipe out an Army Corps of Engineers easement for the controversial Dakota Access pipeline as the pipeline's owners plan a U.S. Supreme Court appeal.

  • May 13, 2021

    EEOC Urges 5th Circ. To Jumpstart Worker's Retaliation Suit

    The U.S. Equal Employment Opportunity Commission told the Fifth Circuit that a district court judge was wrong to put the kibosh on a construction worker's retaliation suit, saying the appeals court had relied on faulty precedent that was at odds with the nation's highest court.

  • May 13, 2021

    4th Circ. Snuffs Suit Over Maryland Purple Line Water Permit

    The Fourth Circuit on Thursday rejected a suit from Maryland residents alleging the U.S. Army Corps of Engineers failed to vet project alternatives that would have been less damaging to local waterways when it issued a Clean Water Act permit for the Purple Line rail extension.

  • May 13, 2021

    San Juan Pilots Group Wants Out Of $9M Port Crash Suit

    A Puerto Rico pilots group is asking to be set free from a suit in the island's federal court stemming from the February 2019 crash of a Norwegian Cruise Line ship that caused $9 million in damage to a port in San Juan, saying it cannot be held liable for the actions of one of its members.

  • May 12, 2021

    Pascua Yaqui Leads Tribes Seeking Trump-Era CWA Reversal

    The Pascua Yaqui Tribe and five other Native American tribes have urged an Arizona federal judge to vacate a Trump-era definition of the Clean Water Act without trial, saying that protecting fewer bodies of water runs contrary to the law's original intent.

  • May 12, 2021

    Eni Says Del. Litigation Funder Can't Avoid Sanctions

    Italian energy company Eni SpA has pressed a Delaware federal judge to sanction a litigation funder for failing to comply with discovery orders related to an arbitration against Nigeria, claiming that the funder's misconduct has harmed the oil giant.

  • May 12, 2021

    Facing Setbacks, Mich. Mine Developer Will Revamp Plans

    A Canadian exploration company said it won't challenge a ruling denying it an essential permit for its proposed gold and zinc mine in Michigan's Upper Peninsula so that it can study the project, modify the plan to reduce its impact and submit a new application with the state.

  • May 12, 2021

    Green Groups OK'd To Join Biden's Wyo. Oil Lease Fight

    Conservation groups were given the go-ahead on Wednesday to defend the Biden administration's decision to halt new oil and gas leasing on federal lands, which the state of Wyoming and industry groups have called an overreach and harmful to the economy.

  • May 12, 2021

    House Reps Renew Bipartisan Pipeline Cybersecurity Push

    In the wake of a ransomware attack that temporarily forced the nation's largest fuel pipeline system offline, a bipartisan group of House lawmakers reintroduced multiple bills aimed at staving off similar attacks on critical energy infrastructure in the future.

  • May 11, 2021

    Scholars, Religious Orgs Back Ore. Tribal Highway Challenge

    Several groups of American Indian and religious liberty law scholars and advocacy groups threw their support behind tribal members who are fighting a completed highway widening project in Oregon, lodging several amicus briefs urging the Ninth Circuit to revive the case, which was tossed earlier this year.

  • May 11, 2021

    Minn. Need Not Indemnify County Officials In Tribal Police Suit

    A Minnesota state appeals court has ruled that the state isn't responsible for indemnifying two Mille Lacs County officials for legal costs to defend a federal suit by the Mille Lacs Band of Ojibwe claiming the officials have illegally interfered with tribal law enforcement.

  • May 11, 2021

    Gov't May Lean On Private Sector To Stop Next Critical Hack

    Convincing private businesses to open up to the government about cybercrime could be key in preventing future hacks of U.S. critical infrastructure, a risk underscored by a ransomware attack that has shuttered one of the nation's largest fuel pipelines.

  • May 11, 2021

    Judge Weighs Effect Of Sanctions In Del. Venezuela Cases

    A Delaware federal judge weighing whether to grant seizure orders for Citgo's parent company to creditors owed hundreds of millions of dollars by Venezuela indicated Tuesday that he is considering whether U.S. sanctions on Caracas preclude him from issuing such an order.

  • May 11, 2021

    Squire Patton Guides Turkmenistan In $500M Arbitration Win

    Squire Patton Boggs LLP said Tuesday it has won the dismissal of a nearly $500 million claim against Turkmenistan brought before the International Centre for Settlement of Investment Disputes by a Turkish construction company, calling it one of the year's largest investment treaty arbitration victories.

  • May 11, 2021

    Sioux Tribes Urge DC Circ. Not To Stay Pipeline Permit Ruling

    Four Sioux tribes have urged the D.C. Circuit not to put on hold the court's ruling backing a lower court decision to wipe out a U.S. Army Corps of Engineers easement for the controversial Dakota Access pipeline, saying there would be little point to a stay since the federal government could still choose to shut down the pipeline.

  • May 11, 2021

    Transmission Cos. Back FERC's Grid Connection Cost Rules

    The Midwest's grid operator and transmission companies in its footprint are defending the Federal Energy Regulatory Commission's rules for how grid upgrades are funded, telling the D.C. Circuit that the agency wasn't required to reevaluate after a previous order was vacated.

  • May 11, 2021

    Apache Gets $80.4M Jury Award Knocked Down To $13.5M

    A jury's $80.4 million award against Apache Corp. in a dispute over the construction of a Louisiana gas well and processing facility was knocked down to about $13.5 million Tuesday when a Texas appellate court partially sided with Apache.

  • May 11, 2021

    Groups Sue To Block Trump OK Of 35 Colo. Gas Wells

    Five conservation groups banded together in a new lawsuit to urge a Colorado federal court to uproot the Trump administration's decision to greenlight 35 new gas wells being drilled in the western region of the state, including within three national forests.

  • May 11, 2021

    Biden Admin. Approves 1st Major US Offshore Wind Project

    White House officials on Tuesday announced their approval of the 800-megawatt Vineyard Wind project off the Massachusetts coast, the first commercial-scale offshore wind project in the country.

  • May 10, 2021

    Colonial Hack Sets Stage For Pipeline Cybersecurity Push

    A major ransomware attack that has shuttered the largest refined petroleum products pipeline system in the country has the industry on alert over potential liability from future hacks and bracing for new requirements from federal regulators and lawmakers.

  • May 10, 2021

    Crystallex, Venezuela Butt Heads Over Special Master Order

    Crystallex is objecting to a position adopted by Venezuela and its state-owned oil company, Petroleos de Venezuela S.A, that the parties involved in the sale of Citgo's parent company — and perhaps even the special master overseeing it — will need a license to proceed with the transaction due to U.S. sanctions on Caracas.

  • May 10, 2021

    FBI Outs Ransomware Cartel Behind Colonial Pipeline Hack

    The FBI on Monday pinned a ransomware attack that closed one of the country's largest pipelines on a criminal hacking group that has operated in Russia, while White House officials mulled how to boost cybersecurity at privately held critical infrastructure companies.

  • May 10, 2021

    Biden's Conservation Goals Leave Much To The Imagination

    The Biden administration has set an ambitious goal to conserve 30% of U.S. lands and waters by 2030 but hasn't yet released policy details that environmental attorneys say they need to counsel clients on whether the effort could help or hinder future projects.

  • May 10, 2021

    Soros Says Steinmetz Must Appear For $10B Mining Suit

    Billionaire investor George Soros urged a New York federal judge to force Israeli billionaire Beny Steinmetz to appear in court for a deposition related to a $10 billion lawsuit over a contract to mine valuable iron ore deposits in Guinea.

  • May 10, 2021

    Biden Admin. Settles Minn. Mining Suit, Will Reassess Permits

    The Biden administration agreed Monday to take a fresh look at Trump-era mining permit reauthorizations in the Superior National Forest in Minnesota, after green groups claimed the approvals bypassed important environmental and endangered species requirements.

Expert Analysis

  • Judge's Rebuke Of Mass. AG Has Lessons For All Attorneys

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    A Massachusetts federal judge’s recent rebuke of the state Attorney General’s Office for refusing to respond to discovery requests in Alliance for Automotive Innovation v. Healey highlights six important considerations for attorneys who want to avoid the dreaded benchslap, say Alison Eggers and Dallin Wilson at Seyfarth.  

  • Current Pipelines And Regs Can Support Shift To Hydrogen

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    The repurposing of America's fossil fuel infrastructure for renewable hydrogen has begun, and existing pipelines, regulations and statutes can provide the regulatory certainty needed to support investment in hydrogen power systems, say William Bolgiano and Matthew Field at Venable.

  • Font Considerations To Give Your Legal Briefs An Edge

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    Following the D.C. Circuit’s recent notice discouraging use of the font Garamond in legal briefs, Jason Steed at Kilpatrick looks at typeface requirements and preferences in appellate courts across the country, and how practitioners can score a few extra brief-writing points with typography.

  • How Biden's First 100 Days Will Affect Gov't Contractors

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    Joseph Berger and Thomas Mason at Thompson Hine examine the significant opportunities for government contractors arising from actions during the first 100 days of the Biden administration, which set the stage for unprecedented investment in national infrastructure, domestic manufacturing, research and development, clean energy, pandemic response and economic recovery.

  • Make Profitability Management Part Of Your Law Firm Culture

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    As the legal industry continues to change in the post-pandemic world, law firms should adapt to client demands by constantly measuring and managing the profitability of their services, says Joseph Altonji at LawVision.

  • Rethinking Investment Treaties As Latin America Goes Green

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    As Latin America pivots toward renewable energy, governments should reshape bilateral investment treaties to allow incentives for new technologies and improve dispute settlement mechanisms, while also providing both new and established energy companies with certainty and fair treatment, say attorneys at GST.

  • 4 Trends In Discoverability Of Litigation Funding Documents

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    Recent rulings shed light on how courts and international arbitration tribunals decide if litigation funding materials are discoverable and reaffirm best practices that attorneys should follow when communicating with funders, say Justin Maleson at Longford Capital and Michele Slachetka and Christian Plummer at Jenner & Block.

  • Biden Infrastructure Plan Will Be Challenging To Implement

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    President Joe Biden's $2 trillion American Jobs Plan proposes incentives for environmental remediation of legacy sites, and creation of more resilient and greener energy infrastructure — but fully implementing it would take many years, and require close coordination between the White House, Congress and federal agencies, says Robert Middleton at Schiff Hardin.

  • 7 Lessons For Young Lawyers Starting Their Careers

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    This year's law graduates and other young attorneys must recognize that the practice of law tests and rewards different skills and characteristics than law school, and that what makes a lawyer valuable changes over time, says Vernon Winters, retired partner at Sidley.

  • Opinion

    Biden Admin.'s Climate Strategy Should Include Insurance Innovations

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    To successfully meet the Biden administration's climate-related goals, the federal government must fill gaps in state regulation of environmental insurance, and help create an insurance framework that incentivizes and facilitates carbon impact reduction in four key areas, say Michael Hill and Paul Tetenbaum at Blue Dot Climate Insurance.

  • What NYC Climate Case Dismissal Means For Baltimore Suit

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    The Second Circuit's recent thumbs-down to New York City's climate change lawsuit puts even more pressure on the U.S. Supreme Court to address federal preemption in climate litigation when it decides BP v. Baltimore this year, says Scott Press at Goldberg Segalla.

  • Reclassifying Methane And Ethane Could Overload EPA

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    If the U.S. Environmental Protection Agency grants a recent petition from environmental groups asking it to label methane and ethane as volatile organic compounds, it could unleash regulation of those substances under all available Clean Air Act programs — but existing regulatory systems are simply not equipped to bear that load, says Eric Groten at V&E.

  • Water Rule Reinstatement Shows Specific Objections Are Key

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    The Tenth Circuit's recent lifting of an injunction against the federal Navigable Waters Protection Rule in Colorado offers lessons for litigants seeking relief against an agency rule — including the importance of avoiding general allusions of harm that lack specificity or imminence, say attorneys at Gibson Dunn.

  • New Markets Credit Will Aid Recovery In Low-Income Areas

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    The recently extended New Markets Tax Credit is a critical tool for economic development in low-income communities, which have been hit especially hard by the pandemic, so public finance attorneys should consider its benefits when advising clients on projects, says Julia Fendler at Butler Snow.

  • Opinion

    US Needs Better, Nonpunitive Approach To Greening Trade

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    Instead of imposing tariffs on goods produced where foreign governments have assisted in cleaning up the environment, the U.S. should make trade policy green by helping industries reduce their environmental impact and encouraging every foreign government to do the same, say Elliot Feldman and Michael Snarr at BakerHostetler.

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