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Project Finance
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April 22, 2024
Feds Say $1M Fine Is Fair In Washington Dam Settlement
The federal government says a $1 million fine to settle Clean Water Act violations against a hydroelectric dam operator is fair despite objections from a Washington tribe, arguing that a proposed consent decree should be approved because it meets key goals that help to restore Washington's Puyallup River.
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April 22, 2024
Oregon Judge Won't Delay Youth Climate Trial
An Oregon federal judge denied the U.S. Department of Justice's 14th request to pause a suit filed by young people claiming their rights are being violated by federal policies that are worsening climate change, and also told the Ninth Circuit to reject the agency's latest attempted appeal in the long-running litigation.
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April 19, 2024
NY Nixes Power Deals With Trio Of Offshore Wind Projects
New York officials on Friday said they wouldn't offer power contracts to a trio of offshore wind projects, the latest setback for the Empire State in efforts to make offshore wind a key component of its clean energy future.
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April 19, 2024
Biden Administration Sharply Limits Drilling In Alaska Arctic
The Biden administration on Friday issued new restrictions on oil and gas leasing across vast swathes of Alaska's Arctic while simultaneously ruling out construction of a controversial road state officials proposed to access mining areas in sensitive wilderness.
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April 19, 2024
NY Scraps Proposal Impacting Local Broadband Networks
Public broadband advocates are applauding a budget bill approved by New York's state Legislature that lacks previously proposed language they say would have weakened the state's rollout of locally owned wireless networks.
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April 18, 2024
School, Library Supporters Call FCC Wi-Fi Plan Cost Effective
A trio of school and library groups defended a Federal Communications Commission plan to fund Wi-Fi hot spots in education, saying the conservative Heritage Foundation mischaracterized the initiative as wasteful.
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April 18, 2024
FERC To Reveal Final Grid-Planning Policy Revamp
The Federal Energy Regulatory Commission on Thursday said it would unveil on May 13 the final version of its long-awaited overhaul of how major electric transmission projects are planned and paid for.
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April 18, 2024
Admiral Balks At Covering Menendez Ally In Pollution Suit
Admiral Insurance Co. is asking a New Jersey federal court for a declaration that it owes no coverage to a businessman who is a co-defendant in U.S. Sen. Bob Menendez's bribery trial in a decade-long suit by Edgewater Borough over contamination at a construction site.
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April 18, 2024
Ariz. Coyotes Deactivated In Deal Giving Utah New NHL Team
The National Hockey League's governing board on Thursday afternoon approved the transfer of the Arizona Coyotes franchise to the owners of the NBA's Utah Jazz and shuttered the Arizona team for now, according to a statement.
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April 17, 2024
States, Biz Groups Back Fight Over DOE Furnace Rules
Eighteen states and several business associations are backing gas utility groups' challenge to the U.S. Department of Energy's tighter energy efficiency standards for furnaces and water heaters, telling the D.C. Circuit that the agency is unlawfully forcing a switch to new appliances.
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April 17, 2024
FERC Won't Rethink Pacific Northwest Gas Project Approval
The Federal Energy Regulatory Commission on Tuesday stood by its approval of a controversial TC Energy Corp. pipeline expansion project in the Pacific Northwest opposed by Washington and Oregon officials, but Commissioner Allison Clements said there is significant evidence that the project is not needed.
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April 17, 2024
Longtime Nossaman Infrastructure Pro Joins Norton Rose
Norton Rose Fulbright announced that it has hired an experienced attorney who has spent the last 20 years with Nossaman LLP as the firm's new co-head of its U.S. and North American infrastructure teams.
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April 17, 2024
Ariz. Tribes Lose Bid To Block SunZia Power Line Project
An Arizona federal judge on Tuesday rejected a request by Native American tribes and environmentalists to block work on SunZia's $10 billion transmission line in a southeastern valley known for its historic and cultural significance, finding that their claims are likely time-barred by a six-year statute of limitations that began in 2015.
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April 16, 2024
DC Circ. Grills EPA On Nixing Refiners' Biofuel Exemptions
A D.C. Circuit panel seemed open Tuesday to petroleum refiners' challenge to federal regulators' denial of their exemptions to federal renewable fuel requirements, as the judges grilled attorneys for the U.S. Environmental Protection Agency on how federal regulators gauge refineries' compliance costs.
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April 16, 2024
DOE Aims To Wrap LNG Review By Year-End, Granholm Says
U.S. Secretary of Energy Jennifer Granholm on Tuesday said her agency hoped to complete the review of its liquefied natural gas export policy by year's end and pushed back on accusations that the current pause of export reviews is permanent.
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April 16, 2024
Broadband Subsidy Backers Seek To Force House Vote
Nearly 300 groups urged Congress to extend the Affordable Connectivity Program, but as a bill to do so picked up support from more than half of U.S. House lawmakers, a vote on replenishing the fund remains up in the air.
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April 16, 2024
Virginia Judge Tosses State Broadband Law Challenge
The Association of American Railroads has lost its challenge to a Virginia federal law that gives broadband providers easier access to railroad property and that the group says constitutes illegal taking, after a judge knocked out all the suit's claims for various reasons.
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April 16, 2024
EPA Urges 5th Circ. To Back Win In Texas Air Quality Suit
U.S. regulators and the Sierra Club urged the Fifth Circuit not to upset a panel's ruling finding the government legally accepted pollution data from the conservation group to apply a poor air quality designation in two Texas counties surrounding a coal-fired power plant.
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April 15, 2024
Exxon Seeks $1.8B Tax Refund As Qatar Deal Trial Opens
Exxon Mobil Corp. argued Monday in Texas federal court that its deal with Qatar to extract natural gas from the country's coast was a partnership, rather than a lease agreement, saying at the start of a trial that it's entitled to get $1.8 billion in tax benefits back from the IRS.
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April 15, 2024
Baltimore Taps DiCello Levitt, Saltz Mongeluzzi For Key Bridge
The city of Baltimore announced Monday it has hired DiCello Levitt and Saltz Mongeluzzi Bendesky PC as it plans legal action against those responsible for a container ship destroying the Francis Scott Key Bridge last month, the same day FBI agents boarded the ship as part of a criminal investigation.
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April 15, 2024
Catching Up With Delaware's Chancery Court
Last week, Delaware justices mulled whether one Chancery Court vice chancellor properly voided four company bylaws — just as another vice chancellor voided one more. Fights among Truth Social investors continued, and shareholders launched new cases involving Macy's, United Airlines, and Clayton Dubilier & Rice LLC and Stone Point Capital LLC.
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April 15, 2024
Justices Skip Appeal Over $36M Sanction In TM Case
The U.S. Supreme Court will not consider the appeal of a man who argued the Ninth Circuit was wrong to impose $36 million in sanctions against him and several companies in a trademark dispute, the justices said Monday.
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April 12, 2024
DOI Sews Up Overhaul Of Oil Leasing Regs And Rates
The U.S. Department of the Interior on Friday finalized its overhaul of decades-old onshore oil and gas leasing regulations and rates with an eye on guiding oil and gas drilling toward already developed public lands.
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April 12, 2024
Mediation Not Required In River Authority Price Hike Row
The Texas Supreme Court on Friday reversed a lower court decision that the San Jacinto River Authority was required to mediate claims with two Houston-area cities over unpaid amounts for groundwater services, writing that contract provisions for alternative dispute resolution "do not serve as limits" on a waiver of governmental immunity.
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April 12, 2024
SEC Says Developer Pulled EB-5 Funds From Nursing Homes
The U.S. Securities and Exchange Commission accused a Las Vegas developer of using $10 million raised by overseas investors hoping to immigrate to the U.S. to pay down a loan for a project unconnected to their immigration applications.
Expert Analysis
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After Headwinds, 2024 May See Offshore Wind Momentum
Despite skyrocketing raw material costs, conflicting state and federal policies, and other setbacks for the offshore wind sector in 2023, the industry appears poised for growth in the coming year, with improving economics, more flexible procurement procedures and increasing legislative support, say Emily Huggins Jones and Ben Cowan at Locke Lord.
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Charting The Course For Digital Assets In 2024
Although 2023 was a tough year for the digital asset industry, upcoming court decisions, legislation and regulatory action will bring clarity, allowing the industry to expand and evolve, and the government will decide what innovation it will allow without challenge, says Joshua Smeltzer at Gray Reed.
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Law Firm Strategies For Successfully Navigating 2024 Trends
Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.
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The Most-Read Legal Industry Law360 Guest Articles Of 2023
A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.
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Attorneys' Busiest Times Can Be Business Opportunities
Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.
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In The World Of Legal Ethics, 10 Trends To Note From 2023
Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.
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How Attorneys Can Be More Efficient This Holiday Season
Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.
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Clean Water Act Jurisdiction Still Murky After A Choppy 2023
This year brought several important Clean Water Act jurisdictional developments, including multiple agency rules and a U.S. Supreme Court ruling that substantially altered the definition of "waters of the United States," but a new wave of litigation challenges has already begun, with no clear end in sight, say attorneys at Nossaman.
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Series
Children's Book Writing Makes Me A Better Lawyer
Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.
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'Brownfields' Definition Key To Energy Community Tax Credits
As the IRS rolls out guidance for claiming community energy tax credits under the Inflation Reduction Act, a review of the long-standing statutory definition of "brownfields" reveals that it continues to serve the goal of creating opportunities for investment in abandoned properties, says Louise Dyble at Sheppard Mullin.
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Inside CFTC's Latest Push To Regulate Carbon Markets
The Commodity Futures Trading Commission's newly proposed guidance for voluntary carbon credit derivative contracts is among several recent moves it has taken to address climate-related financial risk, and although the guidance is less robust than it could be, it should foster discussion toward a regulatory framework for this market, say attorneys at Morgan Lewis.
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How Clients May Use AI To Monitor Attorneys
Excerpt from Practical Guidance
Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.
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Lessons From This Year's Landmark Green Energy IP Clash
In this year's Siemens v. General Electric wind turbine patent dispute, a Massachusetts federal court offers a cautionary tale against willful infringement, and highlights the balance between innovation, law and ethics, as legal battles like this become more frequent in the renewable energy sector, say John Powell and Andrew Siuta at Sunstein.
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New Texas Funds For Water And Power Projects: Key Points
Two amendments to the Texas Constitution recently approved by the state's voters, implementing public funds for water and energy projects, may incentivize private companies to participate in development of new water and power infrastructure in Texas — and could well serve as a model for similar partnerships elsewhere, say attorneys at O'Melveny.
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Series
ESG Around The World: Singapore
Singapore is keen to establish itself as a leading international financial center and a key player in the sustainable finance ecosystem, and key initiatives led by its government and other regulatory bodies have helped the Asian nation progress from its initially guarded attitude toward ESG investment and reporting, say attorneys at Morgan Lewis.