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Project Finance
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April 24, 2024
Congress Didn't OK FCC's 'Disparate Impact' Ban, Critics Say
Business groups told the Eighth Circuit on Wednesday that the Federal Communications Commission's new rules against discrimination in broadband deployment should be overturned because Congress never intended that the agency use a sweeping "disparate impact" liability standard.
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April 24, 2024
Biden Admin Closes $362M Loan To Texas EV-Wiring Maker
The Biden administration has finalized a $362 million loan to help pay for a Texas automotive-wiring component plant, a move intended to boost the U.S. domestic supply chain for electric vehicles.
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April 23, 2024
Seller Fights Lender Over First Dibs On $3 Million Property
A lender that took possession of a $3 million property in Haslet, Texas, seems to have negotiated the sale of the tract to an unaffiliated party, Texas appeals court justices said during oral arguments in Fort Worth on Tuesday, in a fight over whether the original seller gets right of first refusal after the land went into foreclosure.
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April 22, 2024
FCC Fines AT&T, Internet Co. For Discussing Auction Bids
AT&T Services Inc. and AMG Technology Investment Group LLC have not been able to convince the Federal Communications Commission to kibosh a combined $175,000 in fines for talking to each other during the bidding process for an auction of funds to subsidize infrastructure build-out.
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April 22, 2024
Group Backs Net Neutrality, But Not Fees On Broadband
Despite supporting a planned net neutrality regime, media advocacy group Free Press has argued against using the new rules to impose fees on the broadband industry to support telecommunications subsidies, saying the idea would only harm consumers.
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April 22, 2024
With Power Rules On Deck, EPA Awards $7B In Solar Grants
The U.S. Environmental Protection Agency on Monday said it awarded $7 billion in grants to boost residential solar energy development in low-income communities, kicking off a climate change-focused week in which the agency is expected to release pollution control rules for the power sector.
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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.
Expert Analysis
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Navigating USCIS' New Minimum EB-5 Investment Period
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.
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Calif. Resource Adequacy Update May Revalue Power Projects
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.
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Series
ESG Around The World: Mexico
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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The Case For Post-Bar Clerk Training Programs At Law Firms
In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.
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Attorneys Have An Ethical Duty To Protect The Judiciary
The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.
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What NJ's Green Remediation Guidance Means For Cleanups
Recent guidance from the New Jersey Department of Environmental Protection promoting greener approaches to restoring contaminated sites demonstrates the state's commitment to sustainability and environmental justice — but could also entail more complexity, higher costs and longer remediation timelines, say J. Michael Showalter and Bradley Rochlen at ArentFox Schiff.
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Mo. Solar Projects Need Clarity On Enterprise Zone Tax Relief
In Missouri, enhanced enterprise zones offer tax abatements that could offset the cost of solar project infrastructure, but developers must be willing to navigate uncertainty about whether the project is classified as real property, say Lizzy McEntire and Anna Kimbrell at Husch Blackwell.
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AI Can Help Lawyers Overcome The Programming Barrier
Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.
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What To Expect After Colo. Nixes Special Standing Rules
Two recent Colorado Supreme Court decisions have abandoned a test to preclude standing in lawsuits challenging government decisions brought by subordinate government entities, which will likely lead to an admixture of results, including opening the door to additional legal challenges between government entities, says John Crisham at Crisham & Holman.
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What Texas Business Court Could Mean For Oil, Gas Cases
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.
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Preparing Law Students For A New, AI-Assisted Legal World
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.
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Series
ESG Around The World: South Korea
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.
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General Counsel Need Data Literacy To Keep Up With AI
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.
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Navigating Discovery Of Generative AI Information
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.
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Finding Focus: Strategies For Attorneys With ADHD
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.