Project Finance

  • March 13, 2024

    Patriots Owner Flags $2M Lien On 'Useless' Skydiving Facility

    The real estate business of New England Patriots owner Bob Kraft asked a Massachusetts judge to discharge a $2 million mechanic's lien on a defunct indoor wind tunnel and skydiving attraction at a shopping center next to the football team's stadium.

  • March 13, 2024

    Tower Taxes To Partly Fund $10B Midtown NYC Bus Terminal

    Tax revenue from up to three private towers would help pay for a $10 billion replacement of the aging Port Authority Bus Terminal in Midtown Manhattan, under a deal approved by New York Gov. Kathy Hochul, New York City Mayor Eric Adams and the Port Authority of New York and New Jersey.

  • March 12, 2024

    Lima Loses Bid To Duck $140M Arb. Awards In Highway Row

    A D.C. federal judge on Tuesday refused to overturn $140 million in arbitral awards against the city of Lima, Peru, stemming from its dispute with a highway contractor, ruling that the contractor won those two awards "fair and square."

  • March 12, 2024

    Treasury Sanctions More Iran-Backed Terrorist Operatives

    The U.S. Department of the Treasury on Tuesday unveiled new sanctions against a handful of individuals with ties to the designated terrorist group Al-Ashtar Brigades, singling out "key Iran-based operatives" as well as a financier for the group.

  • March 12, 2024

    Biden Unveils Zero-Emission Freight Truck Infrastructure Plan

    The Biden administration unveiled Tuesday its strategy to provide ubiquitous and convenient access to electric-vehicle charging and hydrogen refueling along the nation's freight corridors, advancing the president's plan to decarbonize the freight sector.

  • March 12, 2024

    Sluggish Policy Could Chill Geothermal Boom, Advocates Say

    Geothermal energy development is having a moment as advances in drilling technologies are attracting more government and private investment, but industry experts say the policy and regulatory landscape isn't keeping pace and needs to catch up to the market.

  • March 12, 2024

    $20M Coal Lease Judgment Should Stand, 10th Circ. Hears

    A coal company on Monday urged the Tenth Circuit not to disturb a $20 million judgment it was awarded in a Wyoming lease dispute over the calculation of advance royalty payments, saying the lower court got it right.

  • March 12, 2024

    DC Circ. Questions MPLX Alternatives In FERC Decision

    D.C. Circuit judges on Tuesday pressed attorneys for the Federal Energy Regulatory Commission on the agency's decision allowing crude oil transportation company MPLX to charge market rates on its Ozark Pipeline, questioning in particular how much capacity would be available on other lines if shippers needed an alternative to supracompetitive pricing.

  • March 12, 2024

    Steptoe Adds 5 From Holland & Knight, Covington In NY & DC

    Steptoe LLP has hired a Holland & Knight LLP partner, a former Holland & Knight practice group leader and a trio of Covington & Burling LLP attorneys to help boost its New York and Washington, D.C.-based practices focused on energy matters.

  • March 11, 2024

    Panama Port Fight Belongs In Chancery Court, H.K. Co. Says

    A Hong Kong company alleging that its interest in a lucrative port project near the Atlantic entrance to the Panama Canal is being stolen has urged a Delaware federal court to remand its lawsuit back to the Chancery court, saying the suit's removal last month was a delay tactic.

  • March 11, 2024

    Canadian Co. Loses $4.4B Romanian Gold Mining Claim

    Canadian mining company Gabriel Resources Ltd. has reported its failure to win a $4.4 billion dispute with Romania over a canceled gold and silver project, saying its claims filed against the government have been thrown out by the World Bank's international arbitration institution.

  • March 11, 2024

    Biden DOT Budget Targets Aviation Safety, Private Jet Use

    The Biden administration is seeking to impose new fees on private jet users, boost aviation industry hiring and accelerate transit, highway and other infrastructure projects under a $109.3 billion budget request for the U.S. Department of Transportation that the White House unveiled Monday.

  • March 11, 2024

    Corps Says Groups Can't Show Dredging Permit Was Flawed

    The U.S. Army Corps of Engineers and an Enbridge Inc. unit told the Fifth Circuit that several groups challenging a permit issued for dredging and construction for the expansion of a major oil terminal on Texas's Gulf Coast may want a different outcome but can't show any permitting decisions were flawed.

  • March 08, 2024

    FCC Says There's No Order To Appeal In IT Fund Suspension

    The D.C. Circuit shouldn't rush to hear a case accusing the Federal Communications Commission of dragging its feet on releasing subsidy funds for tech support at grade schools because there's no order from the FCC to be appealed, the agency has said.

  • March 08, 2024

    Ex-NJ Transit Exec Says Fears Over $2B Project Led To Firing

    NJ Transit's ex-chief of construction management, who was overseeing the largest project in the agency's history, claims that his 2023 firing was retaliation for raising concerns about what he called design defects in the $2.3 billion endeavor to replace the aging Portal Bridge over the Hackensack River.

  • March 08, 2024

    Calif. County Hasn't Fixed Oil Permitting Rules, Court Says

    A California appeals court again nixed a Kern County, California, ordinance that paves the way for faster oil and gas development in the area, saying the court-ordered, revised policy still doesn't comply with the state's bedrock environmental law.

  • March 08, 2024

    Ex-Private Funds Leader With Perkins Coie Jumps To MoFo

    The former chair of Perkins Coie LLP's private investment funds group has jumped to Morrison Foerster LLP in Denver.

  • March 08, 2024

    Direct Pay Regs Would Lift Major Barrier For Energy Projects

    A U.S. Treasury Department proposal to give partnerships access to direct payments of tax credits for green energy projects would lift a significant barrier that has prevented tribes, municipalities, schools and nonprofits from capitalizing on joint ownership arrangements. 

  • March 07, 2024

    $285M Panama Canal Case Must Be Reviewed, Justices Told

    A contractor enlisted on a multibillion-dollar project to widen the Panama Canal is urging the U.S. Supreme Court not to ignore an "open conflict" among lower courts over the vacatur standard for evident partiality, as the justices get ready to issue a certiorari decision that will likely come later this month.

  • March 07, 2024

    DC Circ. Mulls Groundwater In Coal Ash Closure Fight

    A D.C. Circuit panel on Thursday seemed wary of an energy industry coalition's claim that the U.S. Environmental Protection Agency illegally strengthened regulations to clean up coal ash waste impoundments by stretching regulatory definitions to cover facilities in contact with groundwater.

  • March 07, 2024

    Energy Cos. Still Have Work To Do In Final SEC Climate Rule

    The U.S. Securities and Exchange Commission's scaled-back climate change disclosure rule unquestionably lightens the compliance load for energy companies, but they still have plenty of work to satisfy the agency's requirements, attorneys say.

  • March 07, 2024

    Va. Senate Leaves Proposed NBA, NHL Arena Out Of Budget

    The plan to build a $2 billion sports and entertainment complex to house the Washington Wizards and Washington Capitals in the northern Virginia suburbs was derailed on Thursday, when it was left out of the upcoming budget approved by the state Senate's Finance and Appropriations Committee, leaving questions about if or when the project will be revived.

  • March 07, 2024

    White House Moves To End Highway 'Buy America' Waivers

    The Biden administration on Thursday proposed eliminating waivers to domestic production requirements for items used in federal highway building.

  • March 07, 2024

    CenturyLink Cut From Suit Blaming Utilities For Road Delays

    The city of Sammamish, Washington, has quietly dropped CenturyLink from a state court lawsuit accusing it, Comcast and other companies of causing millions of dollars in roadwork delays by failing to move their infrastructure in a timely manner.

  • March 07, 2024

    FERC Wrong To Give Iowa Grid Project Perk, DC Circ. Told

    A coalition of four industrial and commercial energy consumers has told the D.C. Circuit that the Federal Energy Regulatory Commission wrongly gave out an abandonment incentive for an Iowa transmission project currently hanging in the balance following a March 2023 Iowa Supreme Court ruling.

Expert Analysis

  • 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.

  • Contracts Disputes Recap: Expect Strict Application Of Rules

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    Zachary Jacobson and Sarah Barney at Seyfarth examine four recent cases highlighting the importance, for both contractors and government agencies, of strict compliance with the Contract Disputes Act’s jurisdictional requirements and with the Federal Acquisition Regulation's remedy-granting clauses.

  • New Initiatives Will Advance Corporate Biodiversity Reporting

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    Two important recent developments — the launch of the Taskforce on Nature-related Financial Disclosures' framework on nature and biodiversity reporting, and Nature Action 100's announcement of the 100 companies it plans to engage on biodiversity issues — will help bring biodiversity disclosures into the mainstream, say David Woodcock and Maria Banda at Gibson Dunn.

  • How Justices' Disclosure Ruling May Change Corp. Filings

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    In the upcoming Macquarie Infrastructure v. Moab Partners case, the U.S. Supreme Court will resolve a circuit split over whether a company may be sued for private securities fraud if they fail to disclose certain financial information in public filings, which may change the way management analyzes industry risks and trends for investors, says Paul Kisslinger at Lewis Brisbois.

  • Pro Bono Work Is Powerful Self-Help For Attorneys

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    Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.

  • Key Terms Of European Hydrogen Bank's 2023 Pilot Auction

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    The European Hydrogen Bank is a meaningful step in supporting production of green hydrogen within Europe, although its first auction round may not have the financial firepower needed to make major projects happen in Europe, say attorneys at King & Spalding.

  • Series

    Playing In A Rock Cover Band Makes Me A Better Lawyer

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    Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.

  • Series

    The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'

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    The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.

  • Calif. GHG Disclosure Law Will Affect Companies Worldwide

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    California's Climate Corporate Data Accountability Act, which will require comprehensive greenhouse gas emissions disclosures from large companies operating in the state, will mean compliance challenges for a wide range of industries, nationally and globally, as the law's requirements will ultimately trickle out and down, say attorneys at Brownstein Hyatt.

  • What ESG Investing Ruling Means For Fiduciaries

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    A Texas federal court’s recent ruling — upholding a U.S. Department of Labor rule allowing retirement plan fiduciaries to consider ESG factors in certain investment decisions — provides welcome clarity for plans governed by the Employee Retirement Income Security Act that have long been buffeted by partisan noise and misinformation, say attorneys at Covington.

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