Project Finance

  • February 27, 2024

    5th Circ. Holds To Its Undoing Of $200M Ship Explosion Award

    A German shipping company has failed to persuade the Fifth Circuit to reconsider undoing a federal district court's decision to enforce a $200 million arbitral award the company secured in London after a 2012 explosion killed three crew members and caused extensive damage on one of its vessels.

  • February 27, 2024

    NH Power Plant Gets OK On Purchaser Settlement In Ch. 11

    Bankrupt New Hampshire power plant Burgess Biopower LLC will receive a $3.35 million payment from a power purchaser that allegedly withheld money it owed last year, reaching a settlement agreement between the parties that won a Delaware federal judge's blessing on Tuesday.

  • February 27, 2024

    States, Businesses Aim To Kill Feds' Revised Water Rule

    States and business groups have asked a North Dakota federal judge to force the U.S. Environmental Protection Agency to revise regulations intended to define the scope of the federal government's authority under the Clean Water Act.

  • February 27, 2024

    Energy Co. Asks 8th Circ. To Revive Lease Termination Suit

    A Denver-based energy company has told the Eighth Circuit that a North Dakota federal judge was wrong to dismiss its lease termination suit and hold that it had not exhausted its administrative remedies when its appeal of the Bureau of Indian Affairs decision had dragged on for nine-plus years.

  • February 27, 2024

    Ga. Judge Pauses $300M Bond Deadline In Monkey Farm Fight

    A Georgia federal judge on Monday suspended an imminent deadline for a $300 million bond agreement to finance the construction of a controversial primate-rearing farm amid a series of court fights over whether local officials can legally back out of the deal.

  • February 27, 2024

    No Merit To Gas Pipeline Safety Rules Fight, Feds Say

    The U.S. Department of Transportation on Monday urged the D.C. Circuit to reject a gas pipeline industry group's challenge of a handful of new safety standards for transmission pipelines, saying it shouldn't be legally second-guessed over what amounts to a policy disagreement at the margins.

  • February 27, 2024

    New Fuel Terminals Ban Doesn't Discriminate, Judge Says

    An Oregon federal judge has recommended the dismissal of a lawsuit in which Montana and a collection of fuel industry groups are challenging a ban on new oil and gas terminals in Portland, Oregon, saying there's no evidence the ban unconstitutionally discriminates against out-of-state companies.

  • February 27, 2024

    Project Finance Group Of The Year: Winston & Strawn

    With an achievement list spanning an unusual private market community solar portfolio, financing the Las Vegas Sphere, toll roads and New York City subway connectivity, Winston & Strawn LLP has solidified a place on Law360's 2023 Practice Groups of the Year.

  • February 26, 2024

    Apache's $3B Write-Down Merits Bigger Class, Investors Say

    A group of Apache Corp. investors on the cusp of winning class certification are arguing that their promised class should be extended to encompass even more investors who were allegedly deceived by company promises of a potentially lucrative drilling project that ultimately led to a $3 billion write-down when it went bust. 

  • February 26, 2024

    Gas Groups Press DOE To Restart LNG Export Reviews

    Oil and gas industry groups on Monday urged the U.S. Department of Energy to lift its recent pause of approvals of liquefied natural gas exports to countries that don't have free-trade agreements with the United States, arguing that the move is illegal.

  • February 26, 2024

    FCC Tells Reps. Starlink RDOF Application Was Insufficient

    The Federal Communications Commission recently told members of Congress that the agency rejected satellite company Starlink's long-form application for about $885 million in rural broadband development subsidies because the company's plan indicated it had trouble meeting speed standards, among other reasons.

  • February 26, 2024

    Texas Justices Say $220M Cobalt Deal Is A Loss Under Policy

    A $220 million settlement that now-bankrupt Cobalt International Energy Inc. reached with a group of investors constitutes a loss under the energy company's insurance policies, but the agreement is not binding on Cobalt's insurers to establish coverage, the Texas Supreme Court ruled.

  • February 26, 2024

    Banks Say Brazil Pollution Suit In NY Is In Wrong Country

    Four leading financial institutions are urging a New York federal judge to throw out a pair of proposed class suits accusing them of enabling environmental degradation in Brazil by lending $17.2 million to Brazilian mining company Vale SA, arguing the claims don't belong in the United States because they are "all about Brazil."

  • February 26, 2024

    Project Finance Group Of The Year: Sullivan & Cromwell

    A $7 billion deal to finance a liquefied natural gas facility in Texas is one of several clean or renewable energy transactions in which Sullivan & Cromwell LLP played a leading role in 2023, earning the firm a spot among Law360's Project Finance Groups of the Year.

  • February 26, 2024

    BP, Chevron Lose 4th Circ. Fight Over Climate Suit Venue

    The Fourth Circuit on Monday rejected the latest attempt by BP, Chevron, ExxonMobil and other oil titans to go to federal court to litigate complaints that accuse them of lying about fossil fuels' climate effects, joining multiple courts in reasoning that the claims don't invoke federal law.

  • February 23, 2024

    Wildlife, Paddling Groups Want To Join Clean Water Act Fight

    The National Wildlife Federation and American Whitewater are asking a Louisiana federal judge to let them join litigation over an updated Clean Water Act rule that expanded states' and tribes' ability to block projects such as pipelines and dams over water quality concerns, to ensure their interests are considered.

  • February 23, 2024

    Commerce Dept. Partly Waives 'Buy America' For BEAD

    The U.S. Department of Commerce on Friday announced limited waivers from "Buy America" requirements under the agency's $42.5 billion broadband deployment program to make sure that enough advanced components can flow to projects around the country.

  • February 23, 2024

    Conn. Justices OK $2.9M Cut To Power Co.'s Cost Recovery

    Connecticut's highest court on Friday held that state energy regulators properly trimmed a power company's annual cost recovery bid by more than $2.86 million, agreeing with a lower court that it was not arbitrary or capricious to decline to pass the expense to customers.

  • February 23, 2024

    1st Circ. Told Wind Farm's Approval Should've Been A Breeze

    A wind farm developer has asked the First Circuit to reject fishing groups' challenge to the U.S. Department of the Interior's approval of a proposed project off the coast of Martha's Vineyard, saying the effort to sink the plan can't survive because the agency did things by the book.

  • February 23, 2024

    NH Plant Strikes Deal On Power Purchase Contract

    A bankrupt New Hampshire power plant reached terms on a deal Friday with an entity whose contract to purchase the facility's power was rejected earlier this week, telling a Delaware federal judge the agreement will help quickly transition to a new purchaser and stave off a shutdown of the plant.

  • February 23, 2024

    Congress Must Fund Next-Gen 911, 9 Ex-FCC Chairs Say

    Nine former chairs of the U.S. Federal Communications Commission, who served under Democratic and Republican administrations, are urging congressional leadership to fully commit to implementing the next generation of 911.

  • February 23, 2024

    Groups Back Texas' Bid To Void Feds' Highway GHG Rule

    Construction trade groups have thrown their support behind the state of Texas' federal lawsuit seeking to vacate a new U.S. Department of Transportation rule requiring states to set targets for reducing greenhouse gas emissions from federally funded highway projects.

  • February 23, 2024

    Denver Jury Awards Aecom $5M In Toll Lanes Fight

    A Denver federal jury awarded construction design firm Aecom $5.25 million in damages Friday for a subcontractor's failure to pay for design services for a Colorado highway expansion, and rejected the subcontractor's attempt to get $260 million in counterclaims.

  • February 23, 2024

    Project Finance Group Of The Year: Mayer Brown

    Mayer Brown LLP guided financing for a Pennsylvania bridge replacement project of unrivaled proportions and navigated a first-of-its-kind tax credit transfer transaction amid a renewable energy portfolio buy, landing the firm a spot among Law360's 2024 Project Finance Groups of the Year.

  • February 23, 2024

    Woodside Selling 15.1% Stake In Aussie Gas Project For $1.4B

    Australia's Woodside Energy said Friday it will sell a 15.1% stake in its Scarborough gas project to Japan-based JERA at a $1.4 billion value, creating a partnership that will help boost the project's development while creating opportunities for further collaboration. 

Expert Analysis

  • 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.

  • 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.

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