Project Finance

  • April 05, 2024

    5th Circ. Won't Touch Texas Oil Export Terminal License

    The Fifth Circuit has rejected environmentalists' attempt to undo federal approval for a deepwater oil export terminal off Texas' Gulf Coast, finding the U.S. Coast Guard adequately considered the environmental consequences of the facility in its environmental assessment.

  • April 04, 2024

    NY Congestion Pricing Judge Pleads For Predictability

    New Jersey state and local governments fighting New York's congestion toll-pricing vision urged a federal judge on Thursday to order environmental justification for the plan, while the judge in turn implored all parties to rely more heavily on precedent and the law.

  • April 04, 2024

    ND Judge Tosses DAPL Protester's Claims Against Police

    A North Dakota federal judge said he is dismissing claims a woman filed against police after suffering "horrific injuries" when she was hit by a flashbang during the Dakota Access Pipeline protests in 2016.

  • April 04, 2024

    Crypto Bank, Chair Blast FTX Investors' 'Gatling Gun' Claims

    A crypto bank and its chairman have urged a Florida federal judge to toss a second amended complaint from FTX investors alleging they helped Sam Bankman-Fried abscond with $8 billion in customer assets, saying the investors "employ a Gatling gun approach to pleading."

  • April 04, 2024

    Broadband Providers Won't Pay Into Telecom Subsidy Fund

    Broadband providers will not have to pay into the Federal Communications Commission's subsidy system even after being categorized as a telecom service under the FCC's net neutrality plan that was released Thursday.

  • April 04, 2024

    NTIA Knocks Out Enviro Hurdles For Broadband Permitting

    The list of things that broadband deployment projects will have to conduct in-depth environmental assessments for is getting shorter after the National Telecommunications and Information Administration created 30 new "categorical exclusions" in the hopes of cutting red tape.

  • April 04, 2024

    MLB's Athletics To Play In Sacramento Before Move To Vegas

    The Oakland Athletics will play the 2025 to 2027 seasons in Sacramento's 14,000-capacity minor-league ballpark while their planned stadium in Las Vegas is built, the franchise and Major League Baseball announced Thursday morning, officially making this season the team's last in Oakland after 57 years.

  • April 04, 2024

    Surfside, Fla., Condo Collapse Victims To Get Additional $4.8M

    A Florida judge signed off Thursday on an additional $4.8 million distribution to the victims of the deadly collapse of the Champlain Towers South condominium after the receiver overseeing the defunct condominium association told the court the association had fewer financial obligations and tax liabilities than expected. 

  • April 04, 2024

    Project Owners Eager To Sell Energy Tax Credits, Report Says

    Project owners are pursuing new financing strategies that would support the early sale of their clean energy tax credits as more projects in their initial development stage this year seek to capitalize on the incentives as early as possible, a report released Thursday said.

  • April 03, 2024

    Hawaii Bio Power Co. Can't Add Merger-Based Antitrust Claims

    A Hawaii federal magistrate judge has refused to permit the addition of new allegations, based on a 2017 fossil fuel plant acquisition, to a recently restarted lawsuit accusing the state's largest power company of anticompetitively canceling a contract for a new biomass energy plant.

  • April 03, 2024

    Roadless Rule Doesn't Suit The Tongass, Alaska, Allies Argue

    The state of Alaska, electric utilities, and a coalition of towns, mining and business groups, as well as a former Last Frontier governor, are all urging a federal judge to overturn the Biden administration's decision to reinstate roadless area protections for millions of acres of the Tongass National Forest.

  • April 03, 2024

    Insurer Wants $38M For Covering Unfinished Road Jobs

    An insurance company has asked a federal court to force companies connected to an insolvent contractor to hand over more than $38 million to compensate for costs it covered for unfinished jobs.

  • April 03, 2024

    Broker Says Developer Won't Pay Finder's Fee On $24M Loan

    A South Carolina real estate developer has failed to fork over a finder's fee to his broker on more than $24 million in financing for a mixed-use project on the coast of North Carolina, according to a newly filed federal complaint.

  • April 03, 2024

    Skanska Inks $1.4B Contract To Replace Seattle Bridge

    Skanska and Washington's Department of Transportation closed a $1.4 billion bridge replacement contract that aims to update Seattle's Portage Bay Bridge so that it's up to "current seismic resiliency standards," the construction and development company announced.

  • April 02, 2024

    Ohio Regulator Urges Justices To Review FERC Deadlock Rule

    The Public Utilities Commission of Ohio has urged the U.S. Supreme Court to review the Third Circuit's decision upholding a rule change from the Federal Energy Regulatory Commission that took effect despite a commissioner deadlock, arguing that the appellate court didn't apply a fitting standard.

  • April 02, 2024

    Another Judge Says Feds Overstepped With GHG Rule

    A Kentucky federal judge has sided with Kentucky and 20 other Republican-led states, ruling that the Federal Highway Administration overstepped its authority with a rule directing states to set targets for reducing carbon dioxide emissions from federally funded highway projects.

  • April 02, 2024

    20 Republican-Led States Urge Justices To Ax Climate Suits

    A coalition of 20 Republican-led states and the U.S. Chamber of Commerce, along with eight others, have thrown their support behind fossil fuel companies in asking the U.S. Supreme Court to put an end to climate change torts lodged by state and local governments.

  • April 01, 2024

    RICO Claims Fail In Suit Against Developer, Judge Says

    A Texas federal judge on Monday dismissed a lawsuit brought by real estate entities associated with a Dallas developer who accused the founders of Megatel Homes LLC of racketeering, saying that the lawsuit didn't plausibly state that the defendants had engaged in any unlawful racketeering activity.

  • April 01, 2024

    NY Bill Threatens Public Broadband Networks, Advocates Say

    Public broadband advocates are saying new language in a New York state bill would undermine their push for locally owned and operated wireless networks by requiring that state funding only go to projects for "unserved and underserved" areas instead of making the grant money available to any locality that wants to own its own network.

  • April 01, 2024

    FCC Grants Extensions To 6 Carriers Under 'Rip And Replace'

    The Federal Communications Commission is once again granting deadline extensions for the replacement of Chinese-made telecommunications equipment for service providers claiming that supply chain problems and the lack of full "rip and replace" funding is delaying the work.

  • April 01, 2024

    Investors Group Says New EB-5 Guidance Violates APA

    A trade association of EB-5 visa regional centers brought U.S. Citizenship and Immigration Services into D.C. federal court, accusing the agency of abruptly changing the minimum investment period for foreigner investors seeking green cards without soliciting public comments.

  • April 01, 2024

    Catching Up With Delaware's Chancery Court

    Last week, Delaware's Court of Chancery saw a $42.5 million settlement, dismissal of two big suits with two more remanded back, and new cases from shareholders of Walt Disney, Donald Trump's Truth Social, Rivian Automotive and BarkBox.

  • April 01, 2024

    SunZia Power Line Challenge Is Ripe, Arizona Tribes Say

    A coalition of Arizona tribes and conservation groups challenging the federal government's green light for SunZia Transmission LLC to start building a stretch of its 550-mile, high-voltage power line are defending the timeliness of their bid to halt work and compel the Bureau of Land Management to identify and safeguard cultural sites and sacred areas in the San Pedro Valley.

  • March 29, 2024

    Spanish Co. Seeks Arbitration For $90M Solar Fight

    A Spanish construction and infrastructure company and various subsidiaries are asking a Nevada federal judge to compel arbitration for a string of claims against them in a $90 million dispute centered around a long-troubled, first-of-kind Crescent Dunes Solar Energy Project built in the desert north of Tonopah.

  • March 29, 2024

    Rural Carriers Worry FCC Broadband Maps 'Vastly' Inaccurate

    Rural wireless carriers are concerned Federal Communications Commission maps do not accurately depict where mobile broadband service is available, putting federal support funds at risk.

Expert Analysis

  • Series

    Baking Bread Makes Me A Better Lawyer

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    After many years practicing law, and a few years baking bread, I have learned that there are a few keys to success in both endeavors, including the assembly of a nourishing and resilient culture, and the ability to learn from failure and exercise patience, says Rick Robinson at Reed Smith.

  • Federal Courts And AI Standing Orders: Safety Or Overkill?

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    Several district court judges have issued standing orders regulating the use of artificial intelligence in their courts, but courts should consider following ordinary notice and comment procedures before implementing sweeping mandates that could be unnecessarily burdensome and counterproductive, say attorneys at Curtis.

  • 7 E-Discovery Predictions For 2024 And Beyond

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    The legal and technical issues of e-discovery now affect virtually every lawsuit, and in the year to come, practitioners can expect practices and policies to evolve in a number of ways, from the expanded use of relevancy redactions to mandated information security provisions in protective orders, say attorneys at Littler.

  • Securities Class Actions Show No Signs of Slowing In 2024

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    Plaintiffs asserted securities class actions at elevated levels in 2023 — a sign that filings will remain high in the year ahead — as they switched gears to target companies that allegedly have failed to anticipate supply chain disruptions, persistent inflation, rising interest rates and other macroeconomic headwinds, say attorneys at Skadden.

  • How DOI Aims To Modernize Resource Damage Assessments

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    The U.S. Department of the Interior's recent proposal to redesign its Type A rule for conducting natural resource damage assessment and restoration activities could lead to a more streamlined, flexible assessment process that would benefit both natural resource trustees and potentially responsible parties, says Brian Ferrasci-O'Malley at Nossaman.

  • 5 Litigation Funding Trends To Note In 2024

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    Over the next year and beyond, litigation funding will continue to evolve in ways that affect attorneys and the larger litigation landscape, from the growth of a secondary market for funded claims, to rising interest rates restricting the availability of capital, says Jeffery Lula at GLS Capital.

  • 5 Securities Litigation Issues To Watch In 2024

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    There is yet another exciting year ahead for securities litigation, starting with the U.S. Supreme Court hearing argument next week in a case presenting a key securities class action question that has eluded review for the last eight years, say attorneys at Willkie.

  • Growing Green Tech Demand Spells Trouble For Groundwater

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    Increasing demand for green technology is depleting the groundwater reserves used to extract and process the necessary minerals, making a fundamental shift toward more sustainable water use practices necessary at both the state and federal levels, says Sarah Mangelsdorf at Goldberg Segalla.

  • Series

    ESG Around The World: South Africa

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    While South Africa has yet to mandate the reporting of nonfinancial and environmental, social, and corporate governance issues, policy documents and recent legislative developments are likely to have a material impact in the country's transition to a low-carbon economy and in meeting its international obligations, say Glynn Kent at Eversheds Sutherland.

  • 3 Power Rulings Change Outlook For Transmission Cos.

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    The cumulative effect of three December power cases that halted state actions that gave preference to incumbent transmission providers could level the playing field for independent developers, say Harvey Reiter and John McCaffrey at Stinson.

  • 4 Legal Ethics Considerations For The New Year

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    As attorneys and clients reset for a new year, now is a good time to take a step back and review some core ethical issues that attorneys should keep front of mind in 2024, including approaching generative artificial intelligence with caution and care, and avoiding pitfalls in outside counsel guidelines, say attorneys at HWG.

  • Environmental Justice: A 2023 Recap And 2024 Forecast

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    A 2023 executive order directing each federal agency to make environmental justice part of its mission, as well as the many lawsuits and enforcement actions last year, demonstrates that EJ will increasingly surface in all areas of law and regulation, from technically challenging to seemingly ordinary permitting and construction matters, say attorneys at King & Spalding.

  • What The Law Firm Of The Future Will Look Like

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    As the legal landscape shifts, it’s become increasingly clear that the BigLaw business model must adapt in four key ways to remain viable, from fostering workplace flexibility to embracing technology, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • 4 PR Pointers When Your Case Is In The News

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    Media coverage of new lawsuits exploded last year, demonstrating why defense attorneys should devise a public relations plan that complements their legal strategy, incorporating several objectives to balance ethical obligations and advocacy, say Nathan Burchfiel at Pinkston and Ryan June at Castañeda + Heidelman.

  • After Headwinds, 2024 May See Offshore Wind Momentum

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    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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