Project Finance

  • February 21, 2024

    Green Groups Press FERC To Rescind Tenn. Pipeline Approval

    Environmentalists on Tuesday urged the Federal Energy Regulatory Commission to undo its approval of a Tennessee pipeline project that will serve a Tennessee Valley Authority gas-fired power plant that is replacing a coal-fired plant, saying the agency botched its consideration of the project's climate change impacts.

  • February 20, 2024

    Groups, Scholars Back Tribes In High Court Healthcare Bid

    A coalition of Native American and Alaskan Native healthcare boards and nonprofits are asking the U.S. Supreme Court to uphold rulings that ordered the federal government to reimburse two tribes millions in administrative healthcare costs, arguing that the obligation is deeply rooted in the trust relationship between the United States and its Indigenous nations.

  • February 20, 2024

    Tribes, Enviro Orgs Can Join Fight Over Tongass Protections

    An Alaska federal judge said a coalition of tribes, conservation groups, fishers and tourism businesses can join litigation to help defend a challenged Biden administration rule that reinstated roadless area protections for some 9 million acres of the vast Tongass National Forest.

  • February 20, 2024

    Developers Deny 'Shell Game' Amid Push For More Sanctions

    Real estate developers facing potential imprisonment over their failure to pay EB-5 investors at least $26 million in settlement and sanction judgments have told an Illinois federal court their money is not hidden in a "shell game" but rather tied up in receivership proceedings the investors already know about.

  • February 20, 2024

    5th Circ. Seeks Texas Justices' Input On LNG Permit Fight

    The Fifth Circuit has yanked its prior ruling that scrapped an emissions permit issued by Texas environmental regulators for a proposed liquefied natural gas terminal, saying it wants the state's Supreme Court to weigh in on how to define the best available pollution control technology under Texas law.

  • February 20, 2024

    DC Circ. Says FERC Fight Over 'Onshore' Meaning Is Moot

    The D.C. Circuit has dumped a fight between the Federal Energy Regulatory Commission and an advocacy group concerning whether the agency has jurisdiction over facilities that transport liquefied natural gas to port via truck, saying the dispute is moot because the proposed facility in question isn't being built.

  • February 20, 2024

    FERC Greenlights $6.7B Vistra-Energy Harbor Merger

    The Federal Energy Regulatory Commission has approved a $6.7 billion proposed merger between Vistra Corp. and Ohio-based Energy Harbor LLC after taking extra time to review the tie-up amid competition concerns from both federal antitrust officials and state consumer advocates.

  • February 20, 2024

    Cozen O'Connor Hires Ex-Eckert Seamans Public Finance Atty

    Philadelphia-based Cozen O'Connor said Tuesday it has hired a former finance attorney from Eckert Seamans Cherin & Mellott LLC for its public and project finance practice.

  • February 20, 2024

    Validity Of $2B Venezuelan Bonds Remains Unresolved In NY

    New York's highest court on Tuesday cleared a path for Venezuela's state-owned oil company to argue that nearly $2 billion in defaulted bonds are invalid under its domestic law, saying the validity question can now be answered by the federal courts.

  • February 16, 2024

    6th Circ. Rejects FirstEnergy Objector's Appeal In $180M Case

    The Sixth Circuit on Friday rejected an appeal from a FirstEnergy investor who was holding up a $180 million settlement in a derivative suit seeking to hold the utility company responsible for its involvement in a $1 billion bribery scandal.

  • February 16, 2024

    4th Circ. Won't Rethink Overturning Bid-Rigging Conviction

    The Fourth Circuit declined to reconsider a panel ruling that overturned a former Contech executive's bid-rigging conviction, despite the U.S. Department of Justice's contention that the decision flouts long-standing precedent.

  • February 16, 2024

    Up Next At High Court: Deadlines, Delivery Drivers & Smog

    The U.S. Supreme Court will be closed Monday for Presidents Day and will begin a short oral argument week on Tuesday, during which the justices will consider the deadlines for challenging a federal agency's action and bringing copyright infringement claims.

  • February 16, 2024

    FERC Rejects Hydro Project Permits Amid Tribal Opposition

    The Federal Energy Regulatory Commission has denied preliminary permits for three proposed hydropower projects on Navajo Nation land in Arizona, saying a recently revised policy clarifying Indigenous rights in the agency's decision-making process and the tribe's overwhelming opposition to the applications swayed the decision.

  • February 16, 2024

    Clean Energy Cos. Must Pay Heed To PFAS Crackdown

    The clean energy industry shouldn't downplay the growing scrutiny over so-called forever chemicals, many of which are present in key components of their projects and can't be easily replaced, attorneys say.

  • February 16, 2024

    Canada Liable Under NAFTA For Axed LNG Project, Co. Says

    A U.S. company that invested at least $120 million in a since-thwarted liquefied natural gas project maintained that Canada is liable for $1 billion in damages for breaches of the North American Free Trade Agreement, and that the International Centre for Settlement of Investment Disputes has jurisdiction over its claims.

  • February 16, 2024

    Feds Tell 1st Circ. Mass. Wind Farm Approval Was Sound

    The federal government has said a Massachusetts federal judge properly dumped a challenge lodged by commercial fishing groups seeking to upend federal approvals of the Vineyard Wind project, telling the First Circuit that the record shows federal agencies thoroughly studied the project's potential impacts.

  • February 16, 2024

    Ape Farm Says Ga. Officials Monkeying With $300M Bond Deal

    The company behind a proposed — and highly controversial — 1.75 million-square-foot monkey rearing facility in southwest Georgia has taken its fight against local officials to federal court, accusing a development authority of trying amid public outcry to back out of a $300 million bond deal to finance the project.

  • February 16, 2024

    Taxation With Representation: Paul Weiss, Kirkland

    In this week's Taxation With Representation, Diamondback buys Endeavor, KKR & Co. acquires a stake in Cotiviti, and Gilead Sciences Inc. purchases CymaBay Therapeutics Inc.

  • February 15, 2024

    FERC Churn Won't Impact Grid Policy Push, Chair Says

    A looming commissioner departure that could leave the Federal Energy Regulatory Commission without enough members to fully function is not affecting efforts to finalize a long-awaited overhaul of the agency's electric transmission planning policies, Chair Willie Phillips said Thursday.

  • February 15, 2024

    Baker McKenzie Can't Send Malpractice Suit To London

    An Illinois state appeals court has rejected a push by Chicago-based Baker McKenzie to transfer to London a legal malpractice suit accusing the international law firm of botching a client's bid to reacquire a coal mine in Russia, saying in a 2-1 decision that Cook County has an interest in deciding the case even if the alleged misconduct stems from attorneys in a Russian member firm.

  • February 15, 2024

    New York Says Thruway Doesn't Cut Through Cayuga Land

    New York state officials are asking a federal district court to dismiss litigation by the Cayuga Nation that seeks a cut of the tolls collected on the New York State Thruway, arguing that the tribe can't prove it had possession of the land over which the highway was being built.

  • February 15, 2024

    DOI Inks Klamath Basin Agreement With Tribes, Water Users

    The U.S. Department of the Interior said it has struck an agreement that will see water users and tribes work together in a push to improve the environment and water supplies in the drought-prone Klamath River Basin of southern Oregon and northern California, pledging $72 million for projects.

  • February 14, 2024

    USDA Says $20M Will Help Tribes Access Climate Market

    Federally recognized tribes and Alaska Native corporations and villages are getting a $20 million bump to broaden their access to emerging climate markets as a way to address ongoing climate change, the U.S. Department of Agriculture said on Wednesday.

  • February 14, 2024

    Network Group Wants Faster Access To Utility Poles

    Federal regulators must push for further reforms in order to expedite talks between utility pole owners and high-speed equipment attachers on how to divvy up pole upgrade costs, a broadband trade group said.

  • February 14, 2024

    FCC Must Distribute School IT Funds, Tech Firms Tell DC Circ.

    Two tech companies are calling on the D.C. Circuit to force the Federal Communications Commission to release funds to pay for information technology and broadband services the firms provide in elementary and secondary schools around the country.

Expert Analysis

  • AI Can Help Lawyers Overcome The Programming Barrier

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    Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.

  • What To Expect After Colo. Nixes Special Standing Rules

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    Two recent Colorado Supreme Court decisions have abandoned a test to preclude standing in lawsuits challenging government decisions brought by subordinate government entities, which will likely lead to an admixture of results, including opening the door to additional legal challenges between government entities, says John Crisham at Crisham & Holman.

  • What Texas Business Court Could Mean For Oil, Gas Cases

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    While the new business court in Texas might seem an ideal venue for the numerous oil and gas disputes litigated in that state, many of these cases may remain outside its reach under the rules governing the court's jurisdiction — at least for now, say Conrad Hester and Emily Fitzgerald at Alston & Bird.

  • Preparing Law Students For A New, AI-Assisted Legal World

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    As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.

  • Series

    ESG Around The World: South Korea

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    Numerous ESG trends have materialized in South Korea in the past three years, with impacts ranging from greenwashing prevention and carbon neutrality measures to workplace harassment and board diversity initiatives, say Chang Wook Min and Hyun Chan Jung at Jipyong.

  • General Counsel Need Data Literacy To Keep Up With AI

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    With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.

  • Navigating Discovery Of Generative AI Information

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    As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.

  • Finding Focus: Strategies For Attorneys With ADHD

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    Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.

  • Biden Climate Push Expands With Contractor GHG Focus

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    President Joe Biden's recent announcement that federal agencies will consider contractors' greenhouse gas emissions when making procurement decisions demonstrates his administration's continued interest in using government contracting as a vehicle for reducing climate-related impacts — a theme first established in the early months of his term, say attorneys at Winston & Strawn.

  • House Bill Could Help Resolve 'Waters Of US' Questions

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    Legislation recently introduced in the U.S. House that would restore Clean Water Act protection to areas excluded from it by the U.S. Supreme Court's Sackett v. EPA decision faces an uphill battle, but could help settle the endless debates over the definition of "waters of the United States," says Richard Leland at Akerman.

  • Calif. Climate Disclosure Laws: Next Steps For Companies

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    A trio of new climate disclosure laws in California will impose far-reaching corporate reporting requirements — so companies doing business in the state must immediately begin working to substantiate their climate claims and update marketing materials, and consider getting involved in rulemaking that will shape the legislation's impact, say attorneys at Alston & Bird.

  • California's Offshore Turbine Plans Face Stiff Headwinds

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    To realize its innovative plans for floating offshore wind farms, California will face numerous challenges as companies investing in the industry will be looking for permitting transparency, predictable timelines, and meaningful coordination between jurisdictions, agencies, and stakeholders, say David Smith and David McGrath at Manatt.

  • Attorneys, Law Schools Must Adapt To New Era Of Evidence

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    Technological advancements mean more direct evidence is being created than ever before, and attorneys as well as law schools must modify their methods to account for new challenges in how this evidence is collected and used to try cases, says Reuben Guttman at Guttman Buschner.

  • Series

    ESG Around The World: The UK

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    Following Brexit, the U.K. has adopted a different approach to regulating environmental, social and governance factors from the European Union — an approach that focuses on climate disclosures by U.K.-regulated entities, while steering clear of the more ambitious objectives pursued by the EU, say attorneys at Dechert.

  • Tips For Litigating Against Pro Se Parties In Complex Disputes

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    Litigating against self-represented parties in complex cases can pose unique challenges for attorneys, but for the most part, it requires the same skills that are useful in other cases — from documenting everything to understanding one’s ethical duties, says Bryan Ketroser at Alto Litigation.

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