Project Finance

  • January 30, 2024

    Holtec, Firm Fined $5M Over NJ Tax Credit Applications

    A New Jersey-based energy technology company and a real estate firm are avoiding criminal prosecution for unlawfully exploiting a state tax incentive program by agreeing to pay $5 million in penalties and be monitored in future applications for state benefits, the state attorney general announced Tuesday.

  • January 30, 2024

    6th Circ. Backs Antero's Win In Oil Royalties Breach Suit

    The Sixth Circuit affirmed on Tuesday a lower court's dismissal of a lessor's contract breach suit accusing Antero Resources of underpaying royalties under an oil-and-gas lease, finding the lessor failed to follow the lease's 90-day presuit notice requirement and "made no attempt to provide any prelawsuit notice at all."

  • January 30, 2024

    FERC Can't Justify Grid Upgrade Cost Order, NY Utilities Say

    New York utilities fired back at the Federal Energy Regulatory Commission's defense of its refusal to allow them to earn returns from grid upgrades, telling the D.C. Circuit the commission has ignored the impact of climate change on the electrical grid and has misinterpreted the Federal Power Act.

  • January 30, 2024

    Texas Oil Regulators Want Court Fight Over EPA Methane Rule

    Texas' oil and gas regulator asked the state attorney general's office Tuesday to challenge the U.S. Environmental Protection Agency's sweeping new methane emissions standards for oil and gas infrastructure that include the first standards for existing infrastructure.

  • January 30, 2024

    Feds, Tesoro Question Landowners' Bid To Join Pipeline Fight

    The U.S. government has told a North Dakota federal judge that tribal landowners' push to join a pipeline fight with Tesoro High Plains Pipeline Co. LLC may be premature, while the company said it threatens to turn its litigation against the government "into a circus."

  • January 30, 2024

    EB-5 Investors Can Probe Atty Accounts In Settlement Search

    Chinese investors looking to collect long-overdue settlement and sanctions judgments in a fraud case can probe the bank accounts for attorneys representing two real estate developers accused of constantly shifting their assets to avoid paying up, an Illinois federal judge said Tuesday.

  • January 29, 2024

    Early Designs For Road Project Naturally Flawed, Jury Hears

    A construction design firm told a Colorado federal jury Monday that it's being sued for nearly $260 million because its initial design of a Denver-area highway expansion had the sort of deficiencies to be expected in such an early pass.

  • January 29, 2024

    Green Groups Oppose Extension Of Mont. Coal Mine Analysis

    Conservation groups are fighting the U.S. government's bid for more time to correct a faulty environmental analysis of a coal strip mine expansion near the city of Colstrip, Montana, arguing that a federal court already said it would halt mining if changes weren't made within 19 months.

  • January 29, 2024

    Justices Set March Arguments In Tribal Healthcare Dispute

    The U.S. Supreme Court will hear arguments in March on two federal government petitions seeking to overturn orders that have the potential to cost $2 billion a year to support Native American tribes that provide insurer-funded services to their members.

  • January 29, 2024

    International Arbitration Expert Rejoins Curtis In Geneva

    Curtis Mallet-Prevost Colt & Mosle LLP has announced that "a leading lawyer of her generation" in international disputes and international arbitration has rejoined the firm as a partner in its Geneva office.

  • January 29, 2024

    Locke Lord Accused Of Playing 'Cat And Mouse' To Avoid Suit

    An oil company suing Locke Lord LLP for malpractice over a refinery financing project gone wrong has told a New Jersey state court that it has jurisdiction over the Texas-based firm and asked to add an unauthorized practice of law claim.

  • January 29, 2024

    EPA Wrongly Approved Flawed Colo. Air Plan, 10th Circ. Told

    The U.S. Environmental Protection Agency unlawfully approved Colorado's air pollution control plan despite its containing too many exemptions for the oil and gas industry, an environmental group has told the Tenth Circuit.

  • January 26, 2024

    EU Investment Plans Play To US Nat'l Security Concerns

    Three new measures adopted by the European Commission stand to close alternate pathways to advanced technology and funding that have plagued U.S. efforts to thwart adversaries like China and Russia.

  • January 26, 2024

    Enviro Group Launches New Bid To Block Colo. Water Project

    A Colorado environmental group has asked a federal judge to toss approval by the Army Corps of Engineers of a major water pipeline and reservoir project, alleging the agency violated federal laws by failing to consider less environmentally damaging alternatives when analyzing the Northern Integrated Supply Project.

  • January 26, 2024

    Dissolved Biomed Co. Aims To Bar Ex-CEO's Credit Bid In Del.

    A former officer of a biomedical company startup that was ordered dissolved by Delaware's chancellor for "egregious misconduct" by its founder and former CEO has asked the court to declare any purported debts to the ex-CEO to be unrecoverable gifts ineligible for use in bidding for the business.

  • January 26, 2024

    Biden Stokes LNG Uncertainty With Export Review Pause

    The Biden administration's pause of its approvals of liquefied natural gas exports to countries that don't have free-trade agreements with the U.S. will delay several projects and have potential customers question whether their supply agreements can ultimately be honored.

  • January 26, 2024

    DC Circ. Balks At Overturning FCC's Subsidy Fee System

    D.C. Circuit judges seemed skeptical Friday that Congress gave the Federal Communications Commission too much power to raise fees to support telecom programs, though one jurist asked if the courts should allow the IRS similar leeway to raise taxes as much as needed to fill the U.S. treasury.

  • January 26, 2024

    Paxton Says Barclays Can't Participate In Texas Bond Market

    Texas Attorney General Ken Paxton on Friday announced that Barclays is no longer allowed to underwrite the state's municipal bonds after the bank failed to respond to requests from the attorney general's office for information about its stated carbon emission commitments.

  • January 26, 2024

    Real Estate Authority: A New Tallest Tower?

    Law360 Real Estate Authority covers the most important real estate deals, litigation, policies and trends. This week brought key developments in California, Florida and New York — as well as a pitch for a 1,900-foot tower, which would unseat One World Trade Center as the tallest tower in the United States.

  • February 08, 2024

    Law360 Seeks Members For Its 2024 Editorial Boards

    Law360 is looking for avid readers of its publications to serve as members of its 2024 editorial advisory boards.

  • January 26, 2024

    Don't Tax Broadband Deployment Money, Telecom Groups Say

    A group of telecommunications trade associations are asking Congress to grant their members tax breaks for broadband deployment costs, saying that without the proposed legislation, money intended to help bring broadband to currently out-of-reach households would return to the government in tax payments.

  • January 26, 2024

    Biden Admin Pauses LNG Reviews Over Climate Concerns

    The Biden administration on Friday said it would pause its approvals of liquefied natural gas exports to countries that don't have free-trade agreements with the U.S., and revise its export policy to greater account for LNG's impacts on climate change and energy prices.

  • January 25, 2024

    Judge Rejects Late Concession, Despite Possibly Absurd Trial

    A Colorado federal judge on Thursday rejected a joint venture's last-minute bid to concede liability on a $5 million claim ahead of a trial next week over a state toll lanes expansion, concluding his hands were tied even though it may be silly to forge ahead with trying the claim.

  • January 25, 2024

    DC Circ. Unsure About Wading Into PR Bay Dredging Fight

    The U.S. Army Corps of Engineers faced off against several environmental groups at the D.C. Circuit Thursday over a dredge project that would widen Puerto Rico's largest port, but the panel seemed more concerned about whether it had the jurisdiction to hear the appeal at all.

  • January 25, 2024

    FERC Won't Halt Work On Texas LNG Export Terminal

    The Federal Energy Regulatory Commission has said it won't pause authorized construction on a liquefied natural gas export terminal on the South Texas Gulf Coast, a decision a dissenting commissioner said perpetuates and magnifies injuries to environmental justice communities and ignores evidence of harm to public health and the environment.

Expert Analysis

  • New Initiatives Will Advance Corporate Biodiversity Reporting

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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'

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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.

  • What Panama Canal Award Ruling Means For Int'l Arbitration

    Author Photo

    As the prevalence of international arbitration grows, the Eighth Circuit’s recent decision in Grupo Unidos v. Canal de Panama may change how practitioners decide what remedies to seek and where to raise them if claims are rejected, says Jerry Roth at FedArb.

  • Opinion

    Newman Suspension Shows Need For Judicial Reform

    Author Photo

    The recent suspension of U.S. Circuit Judge Pauline Newman following her alleged refusal to participate in a disability inquiry reveals the need for judicial misconduct reforms to ensure that judges step down when they can no longer serve effectively, says Aliza Shatzman at The Legal Accountability Project.

  • How 2 Cases Could Undermine The Anti-ESG Movement

    Author Photo

    A decision from a federal court in Texas and another case currently making its way through Missouri federal court signal an emerging judicial recognition of the link between environmental, social and governance considerations and maximizing financial returns, say Amy Roy and Robert Skinner at Ropes & Gray.

  • EB-5 Investment Period Clarification Raises More Questions

    Author Photo

    U.S. Citizenship and Immigration Services' recent clarifying guidance for EB-5 investors, specifying that the statutory investment period begins two years from the date of investment, raises as many questions as it answers given related agency requirements and investors' potential contractual obligations, says Daniel Lundy at Klasko Immigration Law Partners.

  • EPA Report A Reminder That Fuel Credits Are 'Buyer Beware'

    Author Photo

    A recent report from the U.S. Environmental Protection Agency's Office of Inspector General is a reminder that fraud risk in the renewable fuel identification number market remains, and that purchasers are ultimately responsible for ensuring the validity of credits they buy, say David McIndoe and Nick Hillman at Eversheds Sutherland.

  • Series

    ESG Around The World: Japan

    Author Photo

    Japan is witnessing rapid developments in environmental, social and corporate governance policies by making efforts to adopt a soft law approach, which has been effective in encouraging companies to embrace ESG practices and address the diversity of boards of directors, say Akira Karasawa and Landry Guesdon at Iwata Godo.

  • How And Why Your Firm Should Implement Fixed-Fee Billing

    Author Photo

    Amid rising burnout in the legal industry and client efforts to curtail spending, pivoting to a fixed-fee billing model may improve client-attorney relationships and offer lawyers financial, logistical and stress relief — while still maintaining profit margins, say Kevin Henderson and Eric Pacifici at SMB Law Group.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Project Finance archive.
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!