Project Finance

  • March 07, 2024

    Baker Botts Adds Stoel Rives Energy Finance Partner In DC

    Baker Botts LLP has added a partner from Stoel Rives LLP, who joins the firm in Washington, D.C., to continue his practice focused on advising private lenders and multilateral development banks in a range of energy-related transactional matters, the firm recently announced.

  • March 06, 2024

    Exxon Kicks Off Arbitration Over Guyana Offshore Oil Project

    ExxonMobil has initiated arbitration in order to retain its right of first refusal over Hess Corp.'s stake in a lucrative oil block off Guyana's Atlantic coast, an Exxon spokesperson confirmed on Wednesday.

  • March 06, 2024

    Enviro Groups Say Colo. Trail Will Increase Cancer Risks

    A D.C. federal judge strained to square two directly conflicting assertions in an ongoing challenge to a Fish and Wildlife Service trail in Colorado Wednesday, one from environmental and health groups claiming that plutonium from the site was certain to cause rare and deadly illnesses to trail-goers and nearby residents, and another from the federal government claiming that the trace levels of plutonium near a former-weapons plant were well below thresholds for concern.

  • March 06, 2024

    FCC To Explore 'Amnesty' For Rural Deployment Defaults

    The Federal Communications Commission has asked the public for its views on a proposal to release internet service providers from some obligations to deploy rural broadband under FCC subsidy programs so that affected communities can still obtain federal funding.

  • March 06, 2024

    Cruz Wants FCC Subsidy System Turned Over To Congress

    Sen. Ted Cruz, R-Texas, on Wednesday floated a plan to convert the Federal Communications Commission's multibillion-dollar subsidy system for low-income telecom services to direct congressional control, citing spiraling costs.

  • March 06, 2024

    Judge Won't Revisit Contempt Order In Gold Mine Control Suit

    A Colorado federal judge refused Tuesday to reconsider or amend his 2022 contempt order sanctioning mineral exploration company DynaResource in a decade-old arbitration dispute over control of a Mexican gold mine, finding that DynaResource's arguments are untimely and "at best" tangentially related to the arbitration award.

  • March 06, 2024

    DLA Piper Adds Environmental Credit Atty To NY Energy Team

    DLA Piper has hired an energy attorney whose specialties include environmental credits, advising clients on energy regulatory matters and working with a range of carbon-specific investment structures, the firm announced Tuesday.

  • March 05, 2024

    Settlement Gets 'Tire Spinning' EB-5 Fraud Suit Unstuck

    Winter thawed in a Florida courthouse on Tuesday when the last remaining defendant in a nearly decade-long $50 million investment fraud suit agreed to settle the case, surprising the judge and opposing counsel after refusing for years to strike a deal.

  • March 05, 2024

    Court Has No Cause To Deny Casino Land Request, Tribe Says

    A Michigan tribe urged the D.C. Circuit to reverse a lower court's ruling blocking it from acquiring land for two casino developments, arguing there's no dispute it bought the land to generate gaming revenue and that the Supreme Court and Congress have recognized its endeavor.

  • March 05, 2024

    DC Circ. Leery Of Challenges To Nuke Waste Storage Site

    A D.C. Circuit panel on Tuesday didn't appear convinced by challenges to the U.S. Nuclear Regulatory Commission's approval of a temporary nuclear waste storage site in New Mexico.

  • March 05, 2024

    Rochester, NY, Denied Early Win In SEC's $119M Bond Suit

    A New York federal judge has declined to grant early wins to the city of Rochester, New York; its former finance director; and an advisory firm named in a suit by the U.S. Securities and Exchange Commission alleging they misled investors in a $119 million bond offering.

  • March 05, 2024

    Senate Dem Sees Votes For Broadband Discount Funding

    A key Democratic senator said late Tuesday he sees momentum growing on Capitol Hill for at least a short-term funding renewal for the embattled Affordable Connectivity Program.

  • March 05, 2024

    8th Circ. Affirms Ax Of Tribe's Drilling Approval Challenge

    The Eighth Circuit upheld the U.S. Department of the Interior's approval of eight drilling applications on Tuesday, rejecting the Mandan, Hidatsa and Arikara Nation's argument the drilling sites violated a tribal "setback" regulation barring drilling within 1,000 feet of Lake Sakakawea.

  • March 05, 2024

    Mich. Appeals Court Speeds Up Ford Battery Factory Dispute

    A Michigan appeals judge agreed Tuesday to fast-track a case brought by opponents of a planned $3.5 billion Ford battery plant who want to put a ballot question to voters in the next election.

  • March 05, 2024

    Callon Sued Over Disclosures Prior To $4.5B APA Deal

    A Callon Petroleum Company shareholder has alleged in a proposed class action in Delaware Chancery Court that the company breached its fiduciary duties in connection with a pending $4.5 billion acquisition by APA Corp. by not fully disclosing the details of another proposal.

  • March 05, 2024

    FERC LNG Approvals Flout Court's Orders, DC Circ. Told

    Environmental and local community groups have told the D.C. Circuit that the Federal Energy Regulatory Commission's reapproval of two Texas liquefied natural gas terminals must be thrown out because it failed to undertake additional analysis of the projects' greenhouse gas emissions and environmental justice impacts.

  • March 05, 2024

    Wind Farm Challengers Meet Resistance At 1st Circ.

    A First Circuit panel on Tuesday appeared unlikely to undo the government's approval of a 62-turbine wind farm off the coasts of Martha's Vineyard and Nantucket, questioning the effort of opponents to get the court to consider data on right whales that it did not present to agencies during the review process.

  • March 05, 2024

    Feds Say Neb. Tribe's Suit Over Debt Collections Is Untimely

    The U.S. government is asking a Nebraska federal judge to dismiss a time-barred Santee Sioux Nation suit claiming the government has repeatedly tried to collect on an already paid debt related to the depreciation costs of a health and wellness center built 15 years ago.

  • March 05, 2024

    Treasury Finalizes Direct Pay Rules For Energy Tax Credits

    The U.S. Department of the Treasury on Tuesday finalized regulations governing direct payments of several clean energy tax credits provided by the Inflation Reduction Act but said it was still mulling how to address so-called chaining of payments and co-ownership arrangements.

  • March 04, 2024

    Panama Skirts $100M Claim Over Biofuel Regulations

    An international tribunal has tossed a $100 million claim accusing Panama of enacting regulatory changes that led to the shuttering of a biofuels company, ruling that a group of Italian investors could not prove they controlled the Panamanian company.

  • March 04, 2024

    Puerto Rico Fiscal Board Argues For Utility Reorg Plan

    Puerto Rico's fiscal oversight board told a federal judge on Monday that it had the only plan to save the island's troubled electric utility, while bondholders claimed the board had created the plan specifically to shortchange them.

  • March 04, 2024

    What To Know About 9th Circ. Ruling On Tribe's Sacred Site

    A split Ninth Circuit ruling that a sacred tribal site in Arizona's Tonto National Forest can be transferred to a copper mining company is certain to be appealed to the U.S. Supreme Court by the San Carlos Apache Tribe, which contends that the decision effectively bulldozes a long-held worship site and ultimately denies the tribe's freedom of religious expression, despite the panel's skepticism of that claim.

  • March 04, 2024

    FERC Slams Brakes On $1.1B Bridgepoint-ECP Deal

    The Federal Energy Regulatory Commission has blocked U.K. asset manager Bridgepoint Group PLC's proposed £835 million ($1.1 billion) purchase of Energy Capital Partners LP, saying the companies haven't shown the merger wouldn't affect competition in U.S. electricity markets.

  • March 04, 2024

    Ohio Agency Puts Discovery On Hold In FirstEnergy Probes

    The Ohio utilities commission will hold off discovery for its just-unfrozen investigations arising from FirstEnergy Corp.'s notorious bribery scandal after the state attorney general's office warned that compelling testimony from anyone allegedly involved in the scheme could make them immune from criminal prosecution.

  • March 01, 2024

    McDermott Investors' Cert. Bid Should Be Denied, Judge Says

    Investors in energy industry engineering company McDermott International Inc. shouldn't be granted class certification in their suit over the company's $6 billion all-stock acquisition of Chicago Bridge & Iron Co., a federal magistrate judge has determined.

Expert Analysis

  • Series

    Performing Music Makes Me A Better Lawyer

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    The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.

  • Green Tech And IP From Obama Through Biden: What's Next?

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    J. Douglas Miller and Matthew Dills at Shumaker consider how positions on the environment have shifted along with the last three U.S. presidential administrations, how these shifts have affected investment in sustainable green technologies and intellectual property strategies, and how the future might look.

  • What US-Canada Critical Minerals Collab Means For Cos.

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    Recent announcements from U.S. and Canadian officials indicate closer collaboration between the two governments on procurement of critical minerals for electric vehicles and other advanced technology — and companies on both sides of the border may have access to new opportunities as a result, say John Lushetsky, Matthew Simpson and Paul Dickerson at Mintz Levin.

  • Breaking Down High Court's New Code Of Conduct

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    The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.

  • IRA Monetization Energizes Clean Power Tax Credit Market

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    Recent large sales of clean energy production tax credits reflect an environment in which the Inflation Reduction Act's provisions for monetizing such credits via direct transfer — bypassing slow, costly tax equity transactions — offer opportunities for both developers and investors, says Andrew Eastman at Husch Blackwell.

  • Opinion

    Legal Profession Gender Parity Requires Equal Parental Leave

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    To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.

  • Business Takeaways From Biden's Global Labor Rights Memo

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    President Joe Biden's recent memorandum on protecting worker rights is one of the most expansive statements the administration has made regarding international labor rights policy, and reflects several points of which businesses should take note, including the government’s interest in working with the private sector on these issues and a notable focus on the transition to clean energy, say Tom Plotkin and Pegah Nabili at Covington.

  • New Regs Will Strengthen Voluntary Carbon Offset Market

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    Voluntary carbon offsets are a vital tool for organizations seeking to achieve net-zero greenhouse gas emissions — and recent efforts by the U.S. Commodity Futures Trading Commission, the U.S. Department of Agriculture, the state of California and others are essential to enhancing the reliability and authenticity of carbon credits, says David Smith at Manatt.

  • Series

    Writing Thriller Novels Makes Me A Better Lawyer

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    Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.

  • What Lawyers Must Know About Calif. State Bar's AI Guidance

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    Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.

  • Industry Must Elevate Native American Women Attys' Stories

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    The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.

  • Understanding Discovery Obligations In Era Of Generative AI

    Excerpt from Practical Guidance
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    Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.

  • Navigating USCIS' New Minimum EB-5 Investment Period

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    Recent significant modifications to U.S. Citizenship and Immigration Services’ EB-5 at-risk requirement are causing uncertainty for several reasons, but investors who consider certain key aspects of prospective projects can mitigate the immigration and investment risks, say Samuel Silverman at EB5AN, Ronald Klasko at Klasko Immigration, and Kate Kalmykov at Greenberg Traurig.

  • Calif. Resource Adequacy Update May Revalue Power Projects

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    The California Public Utilities Commission's recently initiated proceeding to overhaul its resource adequacy framework — part of an effort to maintain the reliability of the state's power system while decarbonizing it — could have significant effects on the valuation of existing and future power generation resources, say Nicholas Gladd and Max Learner at Wilson Sonsini.

  • Series

    ESG Around The World: Mexico

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    ESG has yet to become part of the DNA of the Mexican business model, but huge strides are being made in that direction, as more stakeholders demand that companies adopt, at the least, a modicum of sustainability commitments and demonstrate how they will meet them, says Carlos Escoto at Galicia Abogados.

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