Project Finance

  • February 14, 2024

    Investors Urge Prison As Developers Seek More Briefing Time

    Two real estate developers on Wednesday asked for more time to respond to EB-5 investors' request that they be imprisoned for hiding their money instead of paying overdue settlements and sanctions judgments, telling an Illinois federal judge their attorney wrote down the court's deadline incorrectly.

  • February 14, 2024

    Energy Co. Says Tribal Court Being Used To Duck $12M Award

    Merit Energy Operations is asking a federal district court to block two Wyoming tribes from using the tribal judicial system to vacate a $12.6 million arbitration award against them, saying the move is a blatant attempt to escape the ultimate result in the case.

  • February 14, 2024

    Spain Says €23.5M Award To Japanese Co. Can't Be OK'd

    Spain is urging a D.C. federal court to nix a Japanese investor's petition to enforce a €23.5 million ($25.2 million) arbitral award it won after Madrid dialed back economic incentives for renewable energy projects, arguing that doing so would force the country to violate European Union law.

  • February 14, 2024

    Ill. Judge Says Rezoning Of Historic Hotel Damaged Developer

    An Illinois federal judge found that the city of Chicago improperly zoned the historic Pittsfield Building for strictly residential use not long after agreeing with the former owner and developer to zone the property for a new hotel.

  • February 14, 2024

    Feds, Power Line Developer Decry Tribes' Suit As 'Too Late'

    The federal government and SunZia Transmission LLC, the developer of a 550-mile power line, urged an Arizona federal judge Tuesday to deny a request from tribes and conservations groups for a preliminary injunction halting the project's construction, saying they waited too long to make their challenge.

  • February 14, 2024

    NJ Mayor Gets Voice In NY Congestion Pricing Fight

    A New Jersey mayor who recently failed to get his lawsuit over New York's congestion pricing plan merged with another case brought by the Garden State government will be allowed to participate in oral arguments against the Empire State, a federal judge has decided.

  • February 14, 2024

    Ex-Cognizant Execs Fight Co.'s Bid To Shield Bribe Evidence

    Two former Cognizant executives have called on a New Jersey federal court to reject the company's attempt to shield evidence related to a purported bribe as the executives face a criminal trial over a separate bribery scheme.

  • February 14, 2024

    11th Circuit Urged To Toss Ga. Developer's Truck Stop Suit

    Georgia's Rockdale County is asking the Eleventh Circuit to uphold its victory over a developer's suit against a local zoning ordinance that blocked his QuikTrip truck stop project near Interstate 20.

  • February 13, 2024

    Feds Want 'Free Pass' Out Of Climate Suit Trial, Youths Say

    Twenty-one plaintiffs suing to force the U.S. government to curb fossil fuel use and cut carbon emissions told the Ninth Circuit on Monday that the government's latest attempt to pause their lawsuit amounts to its shunning procedural rules and asking for "a free pass out of trial" not available to other people.

  • February 13, 2024

    Ship Co. Seeks 5th Circ. Redo On $200M Award Enforcement

    A German shipowner has asked the Fifth Circuit to reconsider whether to enforce a $200 million arbitral award it won following a deadly chemical explosion on its vessel, saying it never had a chance to respond to the argument that ultimately led to the decision.

  • February 13, 2024

    NH Power Plant Says Electricity Deal Is Leaving It Broke

    The operator of a biofuel power plant in New Hampshire received the go-ahead from a Delaware bankruptcy judge Tuesday to keep the lights on for another week while it negotiates over a contract the debtor insists is forcing it to produce electricity for free.

  • February 13, 2024

    Apache Agrees To Pay $4M For Air Pollution Violations

    Apache Corp. reached a deal Tuesday with the federal government and New Mexico to pay $4 million in civil penalties over allegations the company failed to capture and control air emissions from its oil and gas production operations.

  • February 13, 2024

    Squabble Heats Up Over Plans To Move DC NBA, NHL Teams

    Billionaire Ted Leonsis' efforts to dislodge his sports teams Washington Wizards and Washington Capitals from the District of Columbia, and put down stakes in Virginia have run into resistance, including from a Virginia state senator and the mayor of Washington, D.C.

  • February 13, 2024

    Calif. Clean Energy Storage Secures $350M From Blackstone

    Arevon Energy Inc. said Tuesday that it closed on financing for a California renewable energy storage facility, including $350 million from a Blackstone unit in the form of preferred equity, with guidance from three law firms.

  • February 13, 2024

    Tribes Seek Split Arguments In High Court Healthcare Dispute

    Two Native American tribes are asking the U.S. Supreme Court to allow them to separately argue their positions in seeking to uphold rulings that ordered the federal government to reimburse them millions in administrative healthcare costs, adding that the issues presented in the case are at the core of their ability to perform a critical service on their reservation lands.

  • February 13, 2024

    Biden Offshore Leasing Plan Faces Legal Heat On All Sides

    The Biden administration faces dueling D.C. Circuit challenges from the oil and gas industry and environmental advocates over its scaled-back offshore leasing program for 2024-2029.

  • February 13, 2024

    DC Circ. Again Nixes Challenge To FERC Pipeline Powers

    The D.C. Circuit has reinstated its prior judgment affirming a lower court's dismissal of Virginia landowners' constitutional challenge to the Federal Energy Regulatory Commission's approval of the Mountain Valley Pipeline, nearly a year after the U.S. Supreme Court remanded the case.

  • February 13, 2024

    Bourbon Co. Says Ky. City Caved To Whiskey Fungus Fear

    A bourbon-maker has sued the city of Williamstown, Kentucky, and its top officials in federal court after they backed out of a deal to help build a set of warehouses to age liquor in response to concerns from residents that ethanol from the facility could feed the spread of so-called whiskey fungus nearby.

  • February 13, 2024

    Rancher Accuses Biden Admin Of Abusing Antiquities Act

    A sixth-generation Arizona rancher has slapped the Biden administration with a complaint in Arizona federal court, accusing the president of abusing the Antiquities Act to designate a million acres of land in the state as a national monument.

  • February 12, 2024

    DC Circ. Probes FERC Review Of La. Natural Gas Terminal

    A D.C. Circuit panel on Monday questioned the Federal Energy Regulatory Commission's refusal to formally characterize a Louisiana liquefied natural gas export terminal's contributions to climate change, with one judge indicating that regulators' reluctance to make determinations creates unnecessary challenges in deciding the project's fate.

  • February 12, 2024

    Kuwaiti Co. Sees $380M Telecom Investment Claim Revived

    An annulment committee has revived Agility Public Warehousing Co. KSC's claim accusing Iraq of wrongly rescinding the Kuwaiti logistics contractor's $380 million investment in a Kurdish mobile phone operator called Korek Telecom, said to be Iraq's fastest growing mobile operator.

  • February 12, 2024

    Andes, Oxy Resolve $392M Ecuadorian Award Fight

    An Occidental Petroleum unit has resolved its feud with a Chinese-owned oil company over a $392 million arbitral award stemming from an ill-fated Ecuadorian oil project, a case that Occidental was attempting to appeal all the way to the U.S. Supreme Court.

  • February 12, 2024

    Utah Defends Standing In Monument Cases Before 10th Circ.

    The state of Utah has doubled down in urging the Tenth Circuit to reverse a Utah federal judge's decision dismissing the state's challenge of the Biden administration's redesignation of large swaths of land as part of two national monuments, saying its case should have readily survived the motions to dismiss that led to its downfall.

  • February 12, 2024

    Kodiak Gas Gives Enforcers More Time To Review $854M Deal

    Kodiak has given enforcers more time to review its planned $854 million deal for CSI Compressco, which would combine two major providers of compression services to the oil and gas industry.

  • February 12, 2024

    Locke Lord Denies Playing 'Cat And Mouse' In Fighting Suit

    Locke Lord LLP reiterated to a New Jersey state court Monday that the Garden State is the wrong jurisdiction for an oil company's malpractice suit against the firm stemming from a failed oil refinery financing project.

Expert Analysis

  • Chinese Investment In Latin America Raises Corruption Risks

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    A wave of Chinese investments in Latin America has increased an already elevated risk profile, so U.S. companies that operate in the region would be wise to bolster their compliance programs as more bribery and corruption-related enforcement activity is sure to come, say Drew Costello, Brian Ross and Jordan Basich at Forensic Risk Alliance.

  • Opinion

    3 Ways Justices' Disclosure Defenses Miss The Ethical Point

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    The rule-bound interpretation of financial disclosures preferred by U.S. Supreme Court Justices Samuel Alito and Clarence Thomas — demonstrated in their respective statements defending their failure to disclose gifts from billionaires — show that they do not understand the ethical aspects of the public's concern, says Jim Moliterno at the Washington and Lee University School of Law.

  • Counterfactual Models: A Key Tool In Energy Price Disputes

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    The Federal Energy Regulatory Commission's recent review of penalties assessed by PJM Interconnection during Winter Storm Elliott is just one example of how estimating the behavior of energy markets in counterfactual scenarios is an essential tool for settling contractual and regulatory disputes, say Kivanç Kirgiz and Manuel Vasconcelos at Cornerstone Research, and independent consultant Roy Shanker.

  • Generator, Utility Challenges After FERC Connection Revamp

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    The Federal Energy Regulatory Commission's recently issued Order No. 2023 requires major changes to the process by which power generators connect to transmission providers, and while it should help better integrate new renewable energy sources, many generators and utilities will face challenges during the transition, say Eric Runge and Margaret Czepiel at Day Pitney.

  • 5 Compliance Mistakes To Avoid When Entering A New Market

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    As many companies move their value chains out of China or expand to new markets for other reasons, they should beware several common compliance pitfalls — such as insufficient due diligence and one-size-fits-all training — to avoid reputational, financial and legal damage, says Alexandra Wrage at TRACE International.

  • Mitigating Risk In US Liquefied Natural Gas Contracts

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    Recent increases in demand for liquefied natural gas in both European and Asian markets will present logistical, economic and legal challenges for suppliers, which will need to mitigate risks posed by both short-term and long-term contracts, says C. Thomas Kruse at Arnold & Porter.

  • Caregiver Flexibility Is Crucial For Atty Engagement, Retention

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    As the battle for top talent continues post-pandemic, many firms are attempting to attract employees with progressive hybrid working environments — and supporting caregivers before, during and after an extended leave is a critically important way to retain top talent, says Manar Morales at The Diversity & Flexibility Alliance.

  • How High Court Is Assessing Tribal Law Questions

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    The U.S. Supreme Court's four rulings on tribal issues from this term show that Justice Neil Gorsuch's extensive experience in federal Native American law brings helpful experience to the court but does not necessarily guarantee favorable outcomes for tribal interests, say attorneys at Dorsey & Whitney.

  • Even Without US, Deep-Sea Mining Rules Likely To Prevail

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    While the U.S. was absent from the International Seabed Authority's recent meeting in Jamaica, and has not ratified the United Nations Convention on the Law of the Sea, it seems increasingly clear that the ISA's forthcoming deep-sea mining regime will become a global framework of reference, say Louise Woods and Elena Guillet at V&E.

  • In-Office Engagement Is Essential To Associate Development

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    As law firms develop return-to-office policies that allow hybrid work arrangements, they should incorporate the specific types of in-person engagement likely to help associates develop attributes common among successful firm leaders, says Liisa Thomas at Sheppard Mullin.

  • Trends Emerge In High Court's Criminal Law Decisions

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    In its 2022-2023 term, the U.S. Supreme Court issued nine merits decisions in criminal cases covering a wide range of issues, and while each decision is independently important, when viewed together, key trends and takeaways appear that will affect defendants moving forward, says Kenneth Notter at MoloLamken.

  • Global Analysis Of Climate Suits Reveals Strategic Focus

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    A recent report from the Grantham Institute, reviewing climate lawsuits around the world and identifying eight types of so-called strategic litigation, offers insights that may help companies reduce their exposure and protect their reputations, say Jason Halper and Sharon Takhar at Cadwalader.

  • Perspectives

    A Judge's Pitch To Revive The Jury Trial

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    Ohio state Judge Pierre Bergeron explains how the decline of the jury trial threatens public confidence in the judiciary and even democracy as a whole, and he offers ideas to restore this sacred right.

  • A Milestone For Offshore Wind In Maine

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    Recently signed legislation directing Maine to procure up to 3 gigawatts of offshore wind by 2040 offers indisputable promise that the state will soon welcome commercial-scale offshore wind development off its shores, says Joshua Rosen at Foley Hoag.

  • How To Recognize And Recover From Lawyer Loneliness

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    Law can be one of the loneliest professions, but there are practical steps that attorneys and their managers can take to help themselves and their peers improve their emotional health, strengthen their social bonds and protect their performance, says psychologist and attorney Traci Cipriano.

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