Project Finance

  • January 19, 2021

    FERC Punts On NEPA Reform, Citing New Administration

    The Federal Energy Regulatory Commission voted Tuesday to wait to embark on environmental review reforms until after the new administration has settled in, with the fate of the Trump administration's overhaul of the National Environmental Policy Act unclear.

  • January 19, 2021

    Feds Urge Court To Deny Bid To Block $2.9B Pipeline Project

    The Army Corps of Engineers urged a D.C. federal court to deny a bid by indigenous American tribes and environmental groups to block the final phase of a $2.9 billion oil pipeline replacement project in Minnesota, defending its permitting of the plan.

  • January 19, 2021

    DOI Didn't Justify OK For Alaska Refuge Road, Activists Say

    Environmental groups have urged the Ninth Circuit to preserve a ruling that rejected the U.S. Department of the Interior's approval of a land swap to allow a road for an Alaska Native community to be built through a wildlife refuge, saying the DOI secretary violated federal law and didn't justify switching the agency's stance against the plan.

  • January 19, 2021

    Justices Sidestep Fight Over Proper Home For Climate Suits

    U.S. Supreme Court justices on Tuesday largely avoided tackling arguments that climate change torts against energy companies belong in federal court, focusing their attention on the narrower question of how broadly appellate courts should review orders that remand such cases to state court.

  • January 19, 2021

    Federal Gov't Wants Out Of Moot $2.15B Texas Pipeline Suit

    The U.S. Fish and Wildlife Service and the U.S. Department of the Interior want a Texas federal judge to dismiss as moot challenges to the validity of permits and exemptions granted to Kinder Morgan Inc. for its approximately $2.15 billion Permian Highway Pipeline.

  • January 19, 2021

    Trump Power Plant GHG Rule Falls At DC Circ.

    The D.C. Circuit on Tuesday vacated the Trump administration's rollback of Obama-era greenhouse gas emission standards for existing power plants and the rule intended to replace them, finding the actions "rested critically on a mistaken reading of the Clean Air Act."

  • January 15, 2021

    Trump Auto Emissions Rollback Faces Heat From All Sides

    Foes of the Trump administration's rollback of vehicle greenhouse gas emissions and fuel-economy standards urged the D.C. Circuit to undo the change, with environmental and energy groups saying the rollback went too far while a deregulation supporter argued it didn't go far enough.

  • January 15, 2021

    $1B Power Project Gets Trump OK, But 1st Circ. Roadblock

    The First Circuit blocked construction Friday on part of a controversial $1 billion clean energy development that would connect New England to Canadian hydroelectric power, just a day after the Trump administration granted the project a key cross-border permit.

  • January 15, 2021

    FDIC Seeks To Revive $3M Fight With Lloyd's At 11th Circ.

    The Federal Deposit Insurance Corp. urged the Eleventh Circuit to reverse a lower court's ruling that it cannot collect $3 million in prejudgment interest after prevailing in a $10 million coverage dispute against Lloyd's of London, saying the district court wrongly held that the interest request was untimely.

  • January 15, 2021

    Biden, New Congress Offer Historic Opportunities For Tribes

    The incoming Biden administration's progressive ambitions, coupled with a newly Democratic Congress, could mean unprecedented opportunities for tribes not only to tackle the coronavirus pandemic, but to kickstart their economic recovery and address long-standing environmental, infrastructure and land issues.

  • January 15, 2021

    DC Circ. Won't Pause Methane Monitoring Rollback

    The D.C. Circuit on Friday rejected environmental groups' effort to block parts of the U.S. Environmental Protection Agency's less restrictive policy on methane emissions for new and modified oil and gas infrastructure while litigation plays out.

  • January 15, 2021

    Blue States Challenge EPA Aircraft GHG Emissions Standards

    The U.S. Environmental Protection Agency's new gas emissions standards for aircraft won't actually result in new reductions, said 12 attorneys general from California, Illinois, Pennsylvania, New York, and other Democrat-led states plus the District of Columbia in announcing a D.C. Circuit challenge Friday.

  • January 15, 2021

    Ariz. Copper Mine Plan Enters Next Stage Amid Court Fight

    The U.S. Department of Agriculture on Friday released the final environmental impact statement for a land swap that would allow for copper mining on lands sacred to the Apache tribe in Arizona, as indigenous advocates continue to fight the project.

  • January 15, 2021

    Total Dumps Oil Group Membership Over Climate Policy Split

    Global oil giant Total SA on Friday left the American Petroleum Institute, saying the climate change policy gap between the U.S. trade group and the company can't be bridged.

  • January 14, 2021

    GE Hits Siemens Energy With Trade Secrets, Bid-Rigging Suit

    General Electric Co. on Thursday accused Siemens Energy Inc. of using its trade secrets to fix highly sought-after gas turbine contracts, telling a Virginia federal court that Siemens partly exploited the confidential information to secure contracts to augment its September initial public offering.

  • January 14, 2021

    Winstead Reps Arizona State Univ. In $115M Sports Arena Deal

    Winstead PC announced Thursday that it represented Arizona State University in the negotiation and documentation of a new $115 million multiuse arena that will serve as the home of the institution's men's ice hockey, wrestling and women's gymnastics teams.

  • January 14, 2021

    9th Circ. Denies Advocate's Nuke Decommissioning Challenge

    The Ninth Circuit has rejected a California public safety advocate's challenge of the U.S. Nuclear Regulatory Commission's decommissioning plan for a nuclear plant on the Pacific coast, saying the group didn't show the federal government "abdicated" its safety responsibilities.

  • January 14, 2021

    EPA Sued Over Florida's New Water Permitting Powers

    The Trump administration cut corners in its rush to give Florida rare control over the Clean Water Act's Section 404 permitting requirements in the state despite considerable questions about the environmental impacts that remain, environmental groups said Thursday.

  • January 14, 2021

    5 Things To Expect From FERC Under Biden's Administration

    The Federal Energy Regulatory Commission will focus on closely scrutinizing the climate change impacts of gas projects and will work to further increase renewable energy's access to the U.S. electricity grid after President-elect Joe Biden takes office next week. Here are five policy moves FERC watchers expect the commission to make.

  • January 14, 2021

    New Curtis Partner Adds Bench Strength To Africa Practice

    New York headquartered Curtis Mallet-Prevost Colt & Mosle LLP has welcomed a veteran attorney with decades of experience advising governments and financial institutions in Africa, according to the international firm.

  • January 14, 2021

    Insurer Eyes Early Win In Pipeline Co.'s $5M D&O Suit

    Federal Insurance Co. urged an Oklahoma federal judge to grant it an early win in a suit in which pipeline company T.D. Williamson Inc. is seeking over $5 million in coverage for a former director's suit, arguing the policy's "insured versus insured" exclusion applies.

  • January 13, 2021

    Tribe Reaches $10M Settlement With Mining Cos. In Toxic Spill

    The Navajo Nation said Wednesday that it had reached a $10 million settlement with two mining companies it sued over the 2015 Gold King Mine waste spill that poisoned waterways used by the tribe. 

  • January 13, 2021

    Energy Co. Is Owed $500K For Withheld Gas Sale Proceeds

    K. Petroleum Inc. must pay Penneco Pipeline Corp. more than $500,000 for failing to pass along proceeds made from selling gas produced by Penneco-owned wells, a Pennsylvania federal court ruled on Wednesday.

  • January 13, 2021

    9th Circ. Mulls Undoing Car-Share Co. Turo's LAX Injunction

    A Ninth Circuit panel on Wednesday questioned whether there was enough evidence showing that online car-sharing platform Turo Inc. has contributed to Los Angeles International Airport's notorious traffic congestion to an extent that would justify a court injunction.

  • January 13, 2021

    Apache Stronghold Sues USDA Over Rio Tinto Mining Project

    Apache Stronghold, a San Carlos Apache nonprofit, has sued the U.S. Department of Agriculture in Arizona federal court to block a land swap that would allow Rio Tinto PLC and BHP Billiton to mine copper and allegedly dump toxic waste near land sacred to the Apache tribe.

Expert Analysis

  • Arizona May Have Nudged US Law Firms Toward Future IPOs

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    No U.S. law firm has its shares listed on a public stock exchange unlike some lucrative overseas counterparts, but by allowing nonattorneys to become stakeholders in law firms, Arizona may have paved the way for this to change should other U.S. states — particularly New York — follow suit, says Marc Lieberman at Kutak Rock.

  • FERC Order Bolsters States' Small Power Facility Authority

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    A recent Federal Energy Regulatory Commission order clarifying Public Utility Regulatory Policies Act rules should give states confidence that they will continue to enjoy significant discretion in regulating small power production facilities, say attorneys at Troutman Pepper.

  • 4 Legal Industry Trends Litigation Financiers Are Watching

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    Some recent litigation developments demonstrate efforts by law firms and their clients to search for opportunities in the COVID-19 economic fallout, while others — such as the rise of contingency fee arrangements — reflect acceleration of tendencies that were already underway, says William Weisman at Therium Capital.

  • Lenders' Role Will Be Key In NYC Green Building Loans

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    New York City's Climate Mobilization Act, which will soon restrict large buildings' carbon emissions, provides for a loan program to help owners finance energy-efficient improvements — but the program's success will depend on mortgage lenders' participation, says Jason Rozes at Dechert.

  • A Lawyer's Guide To Setting Well-Being Goals In 2021

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    In the face of rising client demands due to the pandemic and the changing regulatory environment, and with remote work continuing for the foreseeable future, lawyers should invest in their well-being by establishing inspiring yet realistic goals for 2021 — one month at a time, says Krista Larson at Morgan Lewis.

  • IRS Continuity Safe Harbor Will Aid Renewable Projects

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    Recent Internal Revenue Service guidance expanding the continuity safe harbor to protect tax credit eligibility for qualified offshore and federal land renewable energy projects will provide certainty for developers who often face significant construction and permitting delays, say attorneys at Mayer Brown.

  • Building The Hydrogen Sector Will Require New Laws, Regs

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    Hydrogen's potential as a clean fuel and energy storage medium has captured the imaginations of governments, environmental advocates and energy sector players, but project developers will need to work with legislators and regulators to craft new use-appropriate policies, say James Bowe and William Rice at King & Spalding.

  • Keyword Searches To Improve Your Privilege Doc Review

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    "Confidential" and other search terms commonly used to locate privileged documents during e-discovery are pretty ineffective, so practitioners should consider including specific types of keywords that are demonstrably better at targeting privilege, say Robert Keeling at Sidley and Rishi Chhatwal at AT&T.

  • ABA Approves Remote Practice, But Questions Remain

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    Lawyers working remotely during the pandemic while physically outside the jurisdictions in which they are licensed will find some comfort in a recent American Bar Association opinion sanctioning such practice, but there is ambiguity regarding the contours of what's allowed, say attorneys at Harris Wiltshire.

  • Keys To Creating Standout Law Firm Thought Leadership

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    Whether geared toward a global audience or a particular client, a law firm's articles, blog posts and client alerts should strive to be original by harnessing a few editorial tools and following the right distribution sequence, say Steven Andersen and Tal Donahue at Infinite Global.

  • Perspectives

    Judges On Race: The Power Of Discretion In Criminal Justice

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    Judges should take into consideration the several points of law enforcement and prosecutorial discretion — from traffic stops to charging decisions and sentencing recommendations — that often lead to race-based disparate treatment before a criminal defendant even reaches the courthouse, say Judge Juan Villaseñor and Laurel Quinto at Colorado's Eighth Judicial District Court.

  • Buyers May Be Wary Of Climate-Driven PG&E Asset Sale

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    PG&E's plan to sell its Pleasant Creek natural gas storage field will allow the utility to avoid decommissioning and remediation costs, and it aligns with regulators' desire to see the company move in a climate-friendly direction — but buyers may be leery of such assets for the same reasons, say Vidhya Prabhakaran and Patrick Ferguson at Davis Wright.

  • 5 Attorney Business Development Tips For The New Year

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    Lawyers should remember that the basics of interpersonal relationships have not changed despite the completely virtual environment caused by the pandemic, and should leverage the new year as an excuse to connect with clients in several ways, say Megan Senese and Courtney Hudson at Pillsbury.

  • Minimizing Disruption To Clients During Law Firm IT Upgrades

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    For law firms planning overhauls in their information technology infrastructures in light of hard lessons learned from pandemic-era transition to remote work, there are five ways to ensure even the biggest tech upgrade has minimal impact on client service, says Brad Paubel at Lexicon.

  • Tips For Drafting Effective Amicus Briefs

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    Careful construction of an amicus brief's essential elements — including the table of contents, which determines whether a brief gets studied or skimmed — and the order in which they are crafted are key to maximizing a party's hoped-for impact on a case before the U.S. Supreme Court or other appellate courts, say Mark Chopko and Karl Myers at Stradley Ronon.

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