Project Finance

  • May 31, 2024

    Nord Stream 2 Says EU Pipeline Regs Violate Int'l Law

    The Russian majority-owned company behind the development of a politically sensitive natural gas pipeline from Russia to Germany has resumed its efforts to convince an international tribunal that the European Union's "sole objective" in amending regulations for the natural gas market was to complicate the pipeline project.

  • May 31, 2024

    Wash. Prison Law Not Biased Against GEO, 9th Circ. Told

    Washington state has urged the Ninth Circuit to lift a lower court's injunction blocking a law aimed at improving private prison standards, saying the law does not discriminatorily target private prison operator GEO Group Inc.

  • May 31, 2024

    As Broadband Subsidy Ends, Biden Pushes For Renewal

    The White House pressured Congress on Friday to allocate new funding for the Affordable Connectivity Program as the subsidy officially shut down, cutting off a broadband discount to millions of low-income households.

  • May 30, 2024

    Gov't Broadband Rules Must Not Deter Providers, NTIA Told

    Small to medium-size internet providers could shy away from the federal government's massive broadband expansion program if rules requiring low-cost internet service end up being too heavy-handed, industry groups told the U.S. Department of Commerce.

  • May 30, 2024

    Swedish Appeals Court Sets Aside €10.6M Italy Award

    An appeals court in Sweden has this week set aside a €10.6 million ($11.48 million) arbitral award issued to a Dutch renewable energy firm after Italy dialed back economic incentives for the renewable energy industry, saying the award violates European Union law.

  • May 30, 2024

    FCC Subsidy Reforms Could Be Drafted On Capitol Hill Soon

    A working group on Capitol Hill studying a potential overhaul of the Federal Communications Commission's subsidy regime could produce draft reforms soon, but a big stumbling block will be how to expand contributions to the fund, telecom experts say.

  • May 30, 2024

    NY Truckers Sue To Block Congestion Pricing In Manhattan

    New York truckers have joined the fight to block congestion pricing from taking effect next month, alleging in a new Manhattan federal lawsuit Thursday that the first-of-its-kind fee for vehicles entering the Big Apple's busiest corridor unconstitutionally penalizes the trucking industry.

  • May 30, 2024

    Enviro Groups Launch Fresh Alaska LNG Fight In 9th Circ.

    Environmental groups on Thursday petitioned the Ninth Circuit to overturn federal approvals for the Alaska liquefied natural gas project covering impacts on endangered and threatened species, the latest court challenge lodged against the $43 billion project.

  • May 29, 2024

    Surety Seeks Over $2.75M In Prison Fencing Work Coverage

    A construction surety told a West Virginia federal court Wednesday that subcontractors for a prison fencing project must reimburse it for more than $2.75 million in losses it incurred while settling faulty work claims asserted by the project's general contractor.

  • May 29, 2024

    Bankrupt BlockFi Agrees To $150k Penalty In Conn. Bond Row

    Bankrupt cryptocurrency lender BlockFi has reached a deal with Connecticut's banking regulator to pay a $150,000 civil penalty over claims the company failed to maintain a required surety bond, and a decision in November 2020 to halt account withdrawals from the platform.

  • May 29, 2024

    Womble Bond Adds Veteran Energy Transaction Atty In Mass.

    An experienced corporate transactional attorney has moved stateside from Thailand to join Womble Bond Dickinson in Boston.

  • May 28, 2024

    Orsted Inks $125M Deal With NJ Over Scrapped Wind Farms

    Orsted, a Danish wind energy company, has agreed to pay New Jersey $125 million to settle claims over the company's abrupt cancellation last fall of two offshore wind farms.

  • May 28, 2024

    Iraq Says $120M Pier Award Enforcement Suit Must Be Nixed

    Iraq is fighting a D.C. federal court's default judgment enforcing a nearly $120 million arbitral award issued to a Cypriot engineering firm following a dispute over a massive €204 million ($221.6 million) project relating to a port facility that, once completed, will be among the world's largest.

  • May 28, 2024

    FERC Wrong To Backtrack On Grid Project Plan, DC Circ. Told

    The Federal Energy Regulatory Commission unlawfully reversed course on a regional grid operator's plan to spread out the costs of transmission upgrade projects, unfairly saddling customers within certain areas with higher bills, two Kansas electricity cooperatives have told the D.C. Circuit.

  • May 24, 2024

    HNTB's Liability Capped In Seattle Tunnel Delay Claim

    A contract clause caps engineering firm HNTB Corp.'s potential liability over a long-delayed Seattle highway tunnel project, a Washington state court judge ruled Friday, likely dashing a joint venture's bid to recover more than $700 million.

  • May 24, 2024

    Shuttered Paper Mill Flouted $12M Incentive Deal, NC AG Says

    The state of North Carolina is suing food and beverage packaging company Pactiv Evergreen to recoup $12 million in economic incentives the company allegedly accepted to keep a local mill up and running after it abruptly shuttered the facility last year.

  • May 24, 2024

    Biden's Judicial Impact And What's Left On The Wish List

    President Joe Biden secured confirmation of his 200th federal judge Wednesday and has transformed the judiciary by picking more women and people of color than any other president. But the upcoming election season could derail his hopes of confirming many more judges.

  • May 24, 2024

    IRS Corrects Notice On Bonus Energy Tax Credit Safe Harbors

    The Internal Revenue Service and U.S. Department of the Treasury issued a correction Friday to a notice providing additional safe harbors that clean energy project developers can use to qualify for bonus tax credits for domestically sourcing their steel and aluminum parts.

  • May 24, 2024

    Investor CriteriaCaixa Buys Construction Biz Stake For €983M

    Spanish investor CriteriaCaixa said on Friday that it has purchased a 9.4% stake in construction and infrastructure firm ACS for €983 million ($1.1 billion), boosting its portfolio of investments.

  • May 23, 2024

    Feds Ask 5th Circ. To Weigh Highway GHG Rule Vacatur

    The Biden administration has asked the Fifth Circuit to review a Texas district court's recent decision vacating a Federal Highway Administration rule that would've required states to set targets for reducing greenhouse gas emissions from federally funded highway projects.

  • May 23, 2024

    Spain Says Energy Treaty Withdrawal Irrelevant In $386M Suit

    Spain has told the D.C. Circuit that its announcement of withdrawal from the Energy Charter Treaty does not show it recognizes that it is still bound under the international agreement, contrary to what investors owed about $386 million argued earlier this week.

  • May 23, 2024

    22 States Seek To Defend EPA Heavy-Duty Truck GHG Rule

    A coalition of 22 Democrat-led states and four cities moved to intervene on Thursday in defense of the U.S. Environmental Protection Agency's final rule establishing greenhouse gas emission standards for heavy-duty vehicles, arguing that vacating the rule would lead to direct injuries to state lands and resources.

  • May 23, 2024

    Irma Power Outage Claims Must Be Brought To Fla. Regulator

    A Florida state appellate court reversed the class certification in a multibillion-dollar lawsuit brought against Florida Power & Light Co. over extended electricity outages during Hurricane Irma, citing a new law requiring ratepayers to bring their claims before the state's Public Service Commission.

  • May 23, 2024

    Oakland Coliseum Sold To Black-Led Biz Group For $105M

    The City of Oakland has agreed to sell its share of the Oakland Coliseum to a group of Black community, business and investment leaders for a minimum of $105 million in a deal that the city said will pave the way for affordable housing units, outdoor space and future developments.

  • May 22, 2024

    CBRE Calls Exec's Noncompete Right Fit In A Small World

    A Texas appellate court wondered Wednesday whether a temporary injunction that seemingly bars a former CBRE executive from working in his trade anywhere in the world goes too far, and questioned the validity of the underlying noncompete agreement at the center of the legal battle.

Expert Analysis

  • Perspectives

    Trauma-Informed Legal Approaches For Pro Bono Attorneys

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    As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.

  • 5th Circ. Bond Claim Ruling Shows Creditors Must Be Vigilant

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    In Raymond James & Associates v. Jalbert, the Fifth Circuit recently held that the bankruptcy debtor's indemnification obligations were discharged by the confirmed plan because the indemnified party failed to speak up, demonstrating that creditors must proactively protect their rights, says Joshua Lesser at Bradley Arant.

  • Series

    Playing Music Makes Me A Better Lawyer

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    My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.

  • Contractors Must Prep For FAR Council GHG Emissions Rule

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    With the U.S. Federal Acquisition Regulatory Council expected to finalize its proposed rule on the disclosure of greenhouse gas emissions and climate-related financial risk this year, government contractors should take key steps now to get ready, say Thomas Daley at DLA Piper, Steven Rothstein at the Ceres Accelerator for Sustainable Capital Markets, and John Kostyack at Kostyack Strategies.

  • How Attys Can Avoid Pitfalls When Withdrawing From A Case

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    The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.

  • Using A Children's Book Approach In Firm Marketing Content

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    From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.

  • Opinion

    NEPA Final Rule Unlikely To Speed Clean Energy Projects

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    A recent final rule from the White House Council on Environmental Quality purports to streamline federal environmental reviews to accelerate the construction of renewable energy infrastructure — but it also expands consideration of climate change and environmental justice, creating vast new opportunities for litigation and delay, says Thomas Prevas at Saul Ewing.

  • Series

    Being An EMT Makes Me A Better Lawyer

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    While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.

  • In Debate Over High Court Wording, 'Wetland' Remains Murky

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    Though the U.S. Supreme Court's decision limiting the Clean Water Act’s wetlands jurisdiction is now a year old, Sackett v. EPA's practical consequences for property owners are still evolving as federal agencies and private parties advance competing interpretations of the court's language and methods for distinguishing wetlands in lower courts, says Neal McAliley at Carlton Fields.

  • Geothermal Energy Has Growing Potential In The US

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    Bipartisan support for the geothermal industry shows that geothermal energy can be an elegant solution toward global decarbonization efforts because of its small footprint, low supply chain risk, and potential to draw on the skills of existing highly specialized oil and gas workers and renewable specialists, say attorneys at Weil.

  • Insurance Types That May Help Cos. After Key Bridge Collapse

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    Following the collapse of the Francis Scott Key Bridge, businesses that depend on the bridge, the Port of Baltimore and related infrastructure for shipment and distribution of cargo should understand which common types of first-party insurance coverage may provide recoveries for financial losses, say Bert Wells and Richard Lewis at Reed Smith.

  • Exploring An Alternative Model Of Litigation Finance

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    A new model of litigation finance, most aptly described as insurance-backed litigation funding, differs from traditional funding in two key ways, and the process of securing it involves three primary steps, say Bob Koneck, Christopher Le Neve Foster and Richard Butters at Atlantic Global Risk LLC.

  • NY's Vision For Grid Of The Future: Flexible, Open, Affordable

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    Acknowledging that New York state's progress toward its climate goals is stalling, the New York Public Service Commission's recent "Grid of the Future" order signals a move toward more flexible, cost-effective solutions — and suggests potential opportunities for nonutility participation, say Daniel Spitzer and William McLaughlin at Hodgson Russ.

  • Series

    Teaching Yoga Makes Me A Better Lawyer

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    Being a yoga instructor has helped me develop my confidence and authenticity, as well as stress management and people skills — all of which have crossed over into my career as an attorney, says Laura Gongaware at Clyde & Co.

  • A Vision For Economic Clerkships In The Legal System

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    As courts handle increasingly complex damages analyses involving vast amounts of data, an economic clerkship program — integrating early-career economists into the judicial system — could improve legal outcomes and provide essential training to clerks, say Mona Birjandi at Data for Decisions and Matt Farber at Secretariat.

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