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Project Finance
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March 04, 2024
FERC Slams Brakes On $1.1B Bridgepoint-ECP Deal
The Federal Energy Regulatory Commission has blocked U.K. asset manager Bridgepoint Group PLC's proposed £835 million ($1.1 billion) purchase of Energy Capital Partners LP, saying the companies haven't shown the merger wouldn't affect competition in U.S. electricity markets.
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March 04, 2024
Ohio Agency Puts Discovery On Hold In FirstEnergy Probes
The Ohio utilities commission will hold off discovery for its just-unfrozen investigations arising from FirstEnergy Corp.'s notorious bribery scandal after the state attorney general's office warned that compelling testimony from anyone allegedly involved in the scheme could make them immune from criminal prosecution.
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March 01, 2024
McDermott Investors' Cert. Bid Should Be Denied, Judge Says
Investors in energy industry engineering company McDermott International Inc. shouldn't be granted class certification in their suit over the company's $6 billion all-stock acquisition of Chicago Bridge & Iron Co., a federal magistrate judge has determined.
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March 01, 2024
Top Groups Lobbying The FCC
The Federal Communications Commission heard from companies and interest groups close to 200 times in February on subjects ranging from net neutrality rules to "all-in" cable pricing, device security labels, minimum broadband speeds and more.
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March 01, 2024
Off The Bench: NCAA Loses On NIL, DC Wins With Stadium
In this week's Off The Bench, a judge unlocked the door to name, image and likeness money for college athletes, Shaquille O'Neal's Hollywood debut still rings true three decades later, and D.C. clears an early legislative hurdle in its bid to bring back its namesake NFL team. If you were on the sidelines over the past week, Law360 is here to clue you in on the biggest sports and betting stories that had our readers talking.
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March 01, 2024
Ky. Sees $74M Boost For Abandoned Mine Cleanup Work
The U.S. Department of the Interior said it is awarding Kentucky another $74 million in funding to help the state address dangerous and polluting abandoned mines.
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February 29, 2024
Worley Pays Ecuador $6M To Resolve Oil Refinery Dispute
The Ecuador attorney general's office has reported that Worley International Services Inc. fully paid a $6 million award to reimburse the country for fees and costs it incurred in an international arbitration over bribes the engineering firm made to secure oil refinery contracts.
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February 29, 2024
EPA Puts Off Key Component Of Power Plant GHG Rule
When highly anticipated regulations intended to reduce greenhouse gas emissions from power plants are finalized this spring, existing gas-fired facilities won't be addressed because separate, broader regulations are being crafted just for them, the U.S. Environmental Protection Agency said Thursday.
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February 29, 2024
Lima Denies Contractor's Call For Sanctions In $140M Row
Lima has asked a D.C. federal judge to deny a highway contractor's bid for attorney fees as it looks to enforce nearly $140 million in arbitral awards against the Peruvian city, saying the contractor wrongly claims that the city's attempts to vacate the awards are sanctionable.
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February 29, 2024
Millions May Lose Internet Access Without Subsidy, FCC Says
Millions of users will struggle to pay for internet access without the Affordable Connectivity Program's subsidy, the Federal Communications Commission said Thursday, pushing back against Republican claims that ACP customers will be fine if the program's funding lapses.
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February 29, 2024
Biden Floats 3 Nominees To Return FERC To Full Strength
President Joe Biden on Thursday unveiled a trio of nominees to fill vacant commissioner slots at the Federal Energy Regulatory Commission, including the solicitor general of West Virginia and a former Massachusetts energy official.
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February 29, 2024
NY Tabs Equinor, Orsted Projects For Offshore Wind Deals
New York officials on Thursday awarded power contracts to offshore wind projects being developed by Equinor and an Orsted-Eversource partnership, the first contracts awarded under a revised bidding process aimed at combating macroeconomic headwinds buffeting U.S. offshore wind development.
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February 29, 2024
GE Denies Ties To La. Environmental Contamination Suit
General Electric has told a Louisiana federal judge it should be freed from a lawsuit seeking to hold it liable for widespread environmental contamination caused by a since-closed pressure valve manufacturing facility in Rapides Parish, saying the property owners behind the suit are relying on a misguided theory of liability.
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February 28, 2024
Skeptical DC Circ. Probes Treaty's Arbitration Applicability
A D.C. Circuit panel on Wednesday seemed dubious about efforts by Spain and Romania to escape the enforcement of substantial arbitration awards based on the contention that European Union law prohibits arbitration between member states and European investors.
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February 28, 2024
Judge Asks When Feds Will Consider Climate In Oil Leases
A D.C. federal judge on Wednesday voiced frustration at the Bureau of Land Management's inability to account for the total impact of carbon emissions from six western oil and gas leases, but cautioned that previous circuit courts have upheld federal agencies' reluctance to block projects based on climate change predictions.
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February 28, 2024
Fla. Judge OKs $43.5M Deutsche Bank Deal In Ch. 15 Case
A Florida bankruptcy judge on Wednesday approved a $43.5 million settlement between Deutsche Bank AG and liquidators for a group of Caribbean-based companies to resolve claims against the bank for its alleged role in a real estate Ponzi scheme targeting rich South Americans.
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February 28, 2024
Energy Dept. To Give Tribes $25M For Clean Energy Tech
The U.S. Department of Energy has said it is paying out $25 million in funds to Indigenous tribes for clean energy technology on tribal lands as part of an approximately $366 million Biden administration plan to support community-driven energy projects in rural areas.
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February 28, 2024
FCC 'Amnesty' Sought For Rural Broadband Grant Defaults
Broadband experts got together Wednesday to urge the Federal Communications Commission to offer "amnesty" for defaulting on FCC-funded rural network development projects, so that unserved areas can still receive similar grants being distributed by the U.S. Department of Commerce.
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February 28, 2024
Win For DC's NFL Stadium Bid As House Approves Bill
A bill that would clear a path for the Washington, D.C., city government to build a new stadium for the NFL's Commanders on the site of the team's former stadium was passed by the full House on Wednesday and sent to the Senate, possibly paving the way for the team to return to the city.
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February 28, 2024
NC Biz Court Pares Feud Over Costly City Streetcar Expansion
The North Carolina Business Court has narrowed a general contractor's $115 million lawsuit against the city of Charlotte stemming from a streetcar line construction project, saying the city isn't immune but that a swath of claims were otherwise filed too late.
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February 28, 2024
Energy Cos. Urge Justices To Slam Brakes On Climate Suits
Fossil fuel companies on Wednesday launched a fresh U.S. Supreme Court bid to put an end to climate change torts lodged by state and local governments, asking the justices to review and overturn a refusal by Hawaii's top court to dismiss Honolulu's suit.
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February 27, 2024
SunZia Line Injunction Needed To Save Sites, Ariz. Tribes Say
Two Native American tribes and conservation groups seeking to halt construction of a 550-mile power line have renewed their push for a preliminary injunction, arguing that without the order, important cultural and historical sites in the San Pedro Valley will be reduced to collateral damage.
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February 27, 2024
Commanders Unveil Stadium Upgrades Amid Possible Move
The Washington Commanders on Tuesday announced a total of $75 million in upgrades to its current home stadium that includes new premium seating and a new sound system, amid a battle to determine where the NFL team will play in the future.
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February 27, 2024
5th Circ. Holds To Its Undoing Of $200M Ship Explosion Award
A German shipping company has failed to persuade the Fifth Circuit to reconsider undoing a federal district court's decision to enforce a $200 million arbitral award the company secured in London after a 2012 explosion killed three crew members and caused extensive damage on one of its vessels.
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February 27, 2024
NH Power Plant Gets OK On Purchaser Settlement In Ch. 11
Bankrupt New Hampshire power plant Burgess Biopower LLC will receive a $3.35 million payment from a power purchaser that allegedly withheld money it owed last year, reaching a settlement agreement between the parties that won a Delaware federal judge's blessing on Tuesday.
Expert Analysis
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How To Protect Atty-Client Privilege While Using Generative AI
When using generative artificial intelligence tools, attorneys should consider several safeguards to avoid breaches or complications in attorney-client privilege, say Antonious Sadek and Christopher Campbell at DLA Piper.
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What FERC-PJM Negotiations Mean For The Energy Industry
Following the aftermath of Winter Storm Elliot, disputes associated with the PJM Interconnection settlement negotiations taking place at the Federal Energy Regulatory Commission have brought to the fore a potential legal minefield arising out of extreme weather events that could lead to commercial risks for power generating companies, say attorneys at Hogan Lovells.
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Kentucky Tax Talk: Taking Up The Dormant Commerce Clause
Attorneys at Frost Brown examine whether the U.S. Supreme Court is likely to review Foresight Coal Sales v. Kent Chandler to consider whether a Kentucky utility rate law discriminates against interstate commerce, and how the decision may affect dormant commerce clause jurisprudence.
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How New Lawyers Can Leverage Feedback For Growth
Embracing constructive criticism as a tool for success can help new lawyers accelerate their professional growth and law firms build a culture of continuous improvement, says Katie Aldrich at Fringe Professional Development.
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Series
ESG Around The World: Australia
Clive Cachia and Cathy Ma at K&L Gates detail ESG-reporting policies in Australia and explain how the country is starting to introduce mandatory requirements as ESG performance is increasingly seen as a key investment and corporate differentiator in the fight for global capital.
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Bat's Newly Endangered Status Likely To Slow Development
A recent change in the classification of the northern long-eared bat from "threatened" to "endangered" could have significant effects on development in large portions of the Eastern and Southeastern U.S. — and in the absence of straightforward guidelines, developers will have to assess each project individually, says Peter McGrath at Moore & Van Allen.
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Corporate Compliance Lessons From FirstEnergy Scandal
Fallout from a massive bribery scheme involving Ohio electric utility FirstEnergy and state officeholders — including the recent sentencing of two defendants — has critical corporate governance takeaways for companies and individuals seeking to influence government policymaking, say attorneys at Wilson Sonsini.
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Twitter Legal Fees Suit Offers Crash Course In Billing Ethics
X Corp.'s suit alleging that Wachtell grossly inflated its fees in the final days of Elon Musk’s Twitter acquisition provides a case study in how firms should protect their reputations by hewing to ethical billing practices and the high standards for professional conduct that govern attorney-client relationships, says Lourdes Fuentes at Karta Legal.
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Offshore Wind Auction Results Portend Difficulties In Gulf
Results of the Bureau of Ocean Energy Management's recent auction of the Gulf of Mexico lease areas tell different stories about the future of offshore wind in the U.S., with the Gulf’s low interest suggesting uncertainty and the Mid-Atlantic’s strong interest suggesting a promising market, say attorneys at K&L Gates.
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ABA's Money-Laundering Resolution Is A Balancing Act
While the American Bar Association’s recently passed resolution recognizes a lawyer's duty to discontinue representation that could facilitate money laundering and other fraudulent activity, it preserves, at least for now, the delicate balance of judicial, state-based regulation of the legal profession and the sanctity of the attorney-client relationship, say attorneys at Ballard Spahr.
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Regulators Must Get Creative To Keep Groundwater Flowing
Even as populations have boomed in Sun Belt states like Arizona, California and Texas, groundwater levels have diminished due to drought and overuse — so regulators must explore options including pumping limits, groundwater replenishment and wastewater reuse to ensure future supplies for residential and commercial needs, says Jeffrey Davis at Integral Consulting.
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Issues To Watch As Biochar Carbon Project Demand Heats Up
Entities considering financing, constructing or operating biochar projects should evaluate the increasing demand for biochar as a soil amendment, the potential to generate revenue from carbon credits and produce other byproducts, and a variety of legal hurdles in this rapidly emerging market, say Mackenzie Schoonmaker and Astrika Adams at Beveridge & Diamond.
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Law Firm Professional Development Steps To Thrive In AI Era
As generative artificial intelligence tools rapidly evolve, professional development leaders are instrumental in preparing law firms for the paradigm shifts ahead, and should consider three strategies to help empower legal talent with the skills required to succeed in an increasingly complex technological landscape, say Steve Gluckman and Anusia Gillespie at SkillBurst Interactive.
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Industry Takeaways From OMB's Final Buy America Guidance
The Office of Management and Budget's recently released guidance on "Buy America" requirements for federal infrastructure projects provides clarity in certain areas but fails to address troublesome inconsistencies with state laws and international trade agreements, so manufacturers and suppliers will need to tread carefully as agencies implement the changes, say Amy Hoang and Sarah Barney at Seyfarth Shaw.
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New 'Waters' Rule May Speed Projects, Spawn More Litigation
The Biden administration's new rule defining "waters of the United States" in accordance with a recent U.S. Supreme Court decision will remove federal protection for some wetlands — which could both enable more development and lead to more legal challenges for projects, says Marcia Greenblatt at Integral Consulting.