Project Finance

  • April 16, 2024

    DC Circ. Grills EPA On Nixing Refiners' Biofuel Exemptions

    A D.C. Circuit panel seemed open Tuesday to petroleum refiners' challenge to federal regulators' denial of their exemptions to federal renewable fuel requirements, as the judges grilled attorneys for the U.S. Environmental Protection Agency on how federal regulators gauge refineries' compliance costs.

  • April 16, 2024

    DOE Aims To Wrap LNG Review By Year-End, Granholm Says

    U.S. Secretary of Energy Jennifer Granholm on Tuesday said her agency hoped to complete the review of its liquefied natural gas export policy by year's end and pushed back on accusations that the current pause of export reviews is permanent.

  • April 16, 2024

    Broadband Subsidy Backers Seek To Force House Vote

    Nearly 300 groups urged Congress to extend the Affordable Connectivity Program, but as a bill to do so picked up support from more than half of U.S. House lawmakers, a vote on replenishing the fund remains up in the air.

  • April 16, 2024

    Virginia Judge Tosses State Broadband Law Challenge

    The Association of American Railroads has lost its challenge to a Virginia federal law that gives broadband providers easier access to railroad property and that the group says constitutes illegal taking, after a judge knocked out all the suit's claims for various reasons.

  • April 16, 2024

    EPA Urges 5th Circ. To Back Win In Texas Air Quality Suit

    U.S. regulators and the Sierra Club urged the Fifth Circuit not to upset a panel's ruling finding the government legally accepted pollution data from the conservation group to apply a poor air quality designation in two Texas counties surrounding a coal-fired power plant.

  • April 15, 2024

    Exxon Seeks $1.8B Tax Refund As Qatar Deal Trial Opens

    Exxon Mobil Corp. argued Monday in Texas federal court that its deal with Qatar to extract natural gas from the country's coast was a partnership, rather than a lease agreement, saying at the start of a trial that it's entitled to get $1.8 billion in tax benefits back from the IRS.

  • April 15, 2024

    Baltimore Taps DiCello Levitt, Saltz Mongeluzzi For Key Bridge

    The city of Baltimore announced Monday it has hired DiCello Levitt and Saltz Mongeluzzi Bendesky PC as it plans legal action against those responsible for a container ship destroying the Francis Scott Key Bridge last month, the same day FBI agents boarded the ship as part of a criminal investigation.

  • April 15, 2024

    Catching Up With Delaware's Chancery Court

    Last week, Delaware justices mulled whether one Chancery Court vice chancellor properly voided four company bylaws — just as another vice chancellor voided one more. Fights among Truth Social investors continued, and shareholders launched new cases involving Macy's, United Airlines, and Clayton Dubilier & Rice LLC and Stone Point Capital LLC.

  • April 15, 2024

    Justices Skip Appeal Over $36M Sanction In TM Case

    The U.S. Supreme Court will not consider the appeal of a man who argued the Ninth Circuit was wrong to impose $36 million in sanctions against him and several companies in a trademark dispute, the justices said Monday.

  • April 12, 2024

    DOI Sews Up Overhaul Of Oil Leasing Regs And Rates

    The U.S. Department of the Interior on Friday finalized its overhaul of decades-old onshore oil and gas leasing regulations and rates with an eye on guiding oil and gas drilling toward already developed public lands.

  • April 12, 2024

    Mediation Not Required In River Authority Price Hike Row

    The Texas Supreme Court on Friday reversed a lower court decision that the San Jacinto River Authority was required to mediate claims with two Houston-area cities over unpaid amounts for groundwater services, writing that contract provisions for alternative dispute resolution "do not serve as limits" on a waiver of governmental immunity.

  • April 12, 2024

    SEC Says Developer Pulled EB-5 Funds From Nursing Homes

    The U.S. Securities and Exchange Commission accused a Las Vegas developer of using $10 million raised by overseas investors hoping to immigrate to the U.S. to pay down a loan for a project unconnected to their immigration applications.

  • April 12, 2024

    Tribes Look To Overturn Enbridge's Line 5 Mich. Tunnel Permit

    Several tribal nations are asking the Michigan Court of Appeals to overturn and remand a state commission's permit approval that allows Enbridge Energy to build a Line 5 pipeline tunnel project beneath the Straits of Mackinac, arguing that they and others were barred from introducing evidence relevant to the final decision.

  • April 11, 2024

    Wash. Justices Side With EB-5 Firm Over Arbitration Award

    Washington's high court ruled on Thursday that the payment of an arbitration award does not resolve a case seeking to confirm that award, standing by a lower court's decision to enter a confirmation order on an investment firm's $11.5 million win against a beleaguered developer over missed payments on a loan.

  • April 11, 2024

    Pacific Pipeline To Pay Calif. Landowners $70M Over Oil Spill

    A class of landowners urged a California federal judge to sign off on a $70 million deal with Pacific Pipeline Co. to resolve litigation stemming from the rupture of an onshore pipeline that leaked 140,000 gallons of crude oil near Santa Barbara, California, according to a motion for settlement approval entered Wednesday.

  • April 11, 2024

    DOI Lowers Fees For Solar, Wind Projects On Public Lands

    The U.S. Department of the Interior unveiled finalized updates to its renewable energy regulations on Thursday that are aimed at promoting the development of solar and wind energy on public lands by lowering the associated fees.

  • April 11, 2024

    Judge Recommends State Court For Ore. County Climate Suit

    A federal magistrate judge has said an Oregon county's climate change lawsuit against Chevron, Exxon Mobil and other fossil fuel companies should be sent back to state court, rejecting arguments that the complaint was fraudulently crafted to evade federal jurisdiction.

  • April 11, 2024

    EPA Says Colo. Air Pollution Plan Approval Was Proper

    The U.S. Environmental Protection Agency on Wednesday urged the Tenth Circuit to uphold its approval of a Colorado air emissions permitting program, and said a green group's argument that the scheme contains too many exemptions for the oil and gas industry pollution is mistaken.

  • April 11, 2024

    US Sends Mixed Messages In Enbridge Line 5 Pipeline Dispute

    The U.S. government sent mixed messages to the Seventh Circuit in weighing in on Enbridge's controversial Line 5 oil pipeline, saying a lower court was right to determine that the company is trespassing on tribal lands, but recommended that the case be remanded and that a tribe's public nuisance claim be dismissed. 

  • April 10, 2024

    Texas Panel Seeks Evidence In $1M Real Estate Quagmire

    A Texas appellate panel suggested Wednesday that both sides fighting about a soured real estate financing deal need to do more to make their cases, asking attorneys during oral arguments to point to evidence that either confirms or refutes the existence of a contract.

  • April 10, 2024

    Wash. Tribe Says $1M Fine Not Enough To Settle CWA Claims

    A Washington tribe is opposing a proposed consent decree that would settle Clean Water Act claims against a hydroelectric dam operator, arguing that a $1 million penalty is vastly too low for violations of the law when the damage continues.

  • April 10, 2024

    Spain To Face Claim Over Nixed Uranium Processing Plant

    Clean energy company Berkeley Energia Ltd. on Wednesday said it has retained Herbert Smith Freehills and the Spanish firm LCS Abogados to file an investor-state claim on its behalf against Spain after the country shut down its bid to construct a uranium processing plant in 2021.

  • April 10, 2024

    Spain Can't Nix €28 Million Renewables Award

    Spain lost its bid to annul a €28 million ($30 million) arbitral award issued to German energy giant RWE after an international committee rejected Madrid's argument that the tribunal exceeded its powers by opting not to apply European Union law, according to a now-public decision.

  • April 10, 2024

    FCC Urged To Wait For BEAD Fund Awards Before 5G Auction

    Small, independent cable providers want the Federal Communications Commission to hold off on a rural 5G development auction until the U.S. Department of Commerce completes its massive award of high-speed internet build-out funds.

  • April 10, 2024

    Rural Project Winners Say 'Harsh' Realities Justify Amnesty

    Internet service providers that faced skyrocketing costs as they sought to complete federally backed broadband projects are again calling for limited relief from Federal Communications Commission penalties and a shot at future funding.

Expert Analysis

  • 4 Ways To Motivate Junior Attorneys To Bring Their Best

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    As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.

  • How 3 Unfolding Cases Could Affect The Energy Industry

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    Three judicial decisions now in the pipeline — Texas' challenge to the U.S. Environmental Protection Agency's methane regulations, Delaware's climate suit against big energy companies, and a case before the Supreme Court of Texas on royalty lease interpretation — could have important implications for the energy industry, say Michelle Scheffler and Rachael Cox at Skadden.

  • How IRA Unlocks Green Energy Investments For Tribes

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    An Inflation Reduction Act provision going into effect May 10 represents a critical juncture for Native American tribes, offering promising economic opportunity in green energy investment, but requiring a proactive and informed approach when taking advantage of newly available tax incentives, say attorneys at Lewis Brisbois.

  • Series

    Serving As A Sheriff's Deputy Made Me A Better Lawyer

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    Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.

  • Former Minn. Chief Justice Instructs On Writing Better Briefs

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    Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.

  • A 5th Circ. Lesson On Preserving Indemnification Rights

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    The Fifth Circuit's recent decision in Raymond James & Associates v. Jalbert offers an important lesson for creditors and parties to indemnification agreements: If a debtor has indemnified a creditor, the creditor should consider participating in the bankruptcy case to avoid being deemed to have forfeited its indemnification rights, say Dania Slim and Alana Lyman at Pillsbury.

  • Stay Interviews Are Key To Retaining Legal Talent

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    Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.

  • Ruling In La. May Undercut EPA Enviro Justice Efforts

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    A Louisiana federal court's recent decision in Louisiana v. U.S. Environmental Protection Agency will likely serve as a template for other states to oppose the EPA's use of disparate impact analyses in Title VI civil rights cases aimed at advancing environmental justice policies and investigations, say Jonathan Brightbill and Joshua Brown at Winston & Strawn.

  • Series

    Spray Painting Makes Me A Better Lawyer

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    My experiences as an abstract spray paint artist have made me a better litigator, demonstrating — in more ways than one — how fluidity and flexibility are necessary parts of a successful legal practice, says Erick Sandlin at Bracewell.

  • Opinion

    Judicial Independence Is Imperative This Election Year

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    As the next election nears, the judges involved in the upcoming trials against former President Donald Trump increasingly face political pressures and threats of violence — revealing the urgent need to safeguard judicial independence and uphold the rule of law, says Benes Aldana at the National Judicial College.

  • Series

    Riding My Peloton Bike Makes Me A Better Lawyer

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    Using the Peloton platform for cycling, running, rowing and more taught me that fostering a mind-body connection will not only benefit you physically and emotionally, but also inspire stamina, focus, discipline and empathy in your legal career, says Christopher Ward at Polsinelli.

  • New Eagle Take Permit Rule Should Help Wind Projects Soar

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    The U.S. Fish and Wildlife Service's recently issued final rule revising the eagle take permit process should help wind energy developers obtain incidental take permits through a more transparent and expedited process, and mitigate the risk of improper take penalties faced by wind projects, says Jon Micah Goeller at Husch Blackwell.

  • Spartan Arbitration Tactics Against Well-Funded Opponents

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    Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.

  • Takeaways From EPA's New Methane Emission Rules

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    Attorneys at V&E examine two new Clean Air Act rules for the oil and gas industry, explaining how they expand methane and volatile organic compound emission reduction requirements and amplify U.S. Environmental Protection Agency enforcement risks.

  • What Recent Study Shows About AI's Promise For Legal Tasks

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    Amid both skepticism and excitement about the promise of generative artificial intelligence in legal contexts, the first randomized controlled trial studying its impact on basic lawyering tasks shows mixed but promising results, and underscores the need for attorneys to proactively engage with AI, says Daniel Schwarcz at University of Minnesota Law School.

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