Project Finance

  • June 14, 2024

    Uri Pricing Upheld After Lower Court 'Strayed From Its Lane'

    The Texas Supreme Court on Friday said that the Public Utility Commission of Texas acted within its authority when it set a single price for electricity at the market cap during 2021 winter storm Uri, overturning a blockbuster decision by a lower court that upheld its two pricing orders.

  • June 14, 2024

    Split DC Circ. Rejects NY's Electricity Rate Challenge

    A split D.C. Circuit panel rejected Friday a New York utility regulator's attempt to unravel the Federal Energy Regulatory Commission's approval of the state grid operator's wholesale electricity rates, leaving in place an estimated 17-year lifespan for new fossil-fueled power plants.

  • June 14, 2024

    DC Circ. Backs FERC Climate Reviews In Pipeline Project Row

    The D.C. Circuit on Friday appeared to endorse the Federal Energy Regulatory Commission's current method of evaluating the climate change impacts of gas infrastructure projects in approval in rejecting an environmental group's challenge of the agency's pipeline upgrade project serving the New York City area.

  • June 13, 2024

    2nd Circ. Case Over NY Broadband Law Could Wrap Up

    An agreement could soon be reached between internet providers and the New York attorney general's office that would avoid the need for further Second Circuit review of New York's controversial low-cost broadband law, court records show.

  • June 13, 2024

    FERC Faces Chorus Of Calls To Rethink Grid Policy Overhaul

    Dozens of requests that the Federal Energy Regulatory Commission reconsider parts or all of its sweeping revision of its regional transmission planning policies have been filed, some of which could telegraph future court challenges if the agency ultimately sticks to its guns. Here's a roundup of the notable issues raised in the rehearing requests for FERC Order No. 1920.

  • June 13, 2024

    Indicted Ex-Conn. Official Missed Gun Sale Deadline, Feds Say

    Former Connecticut state budget official Konstantinos Diamantis has missed deadlines to remove guns from his residence and claimed he couldn't locate his passport despite orders to surrender it to federal authorities while he awaits trial on bribery and extortion charges, a U.S. probation officer reported Wednesday.

  • June 13, 2024

    Cannabis Cos. Make Deal Ahead Of Expected DEA Downgrade

    An attorney and cannabis entrepreneur is betting that the federal government will reschedule marijuana before winter, announcing his equipment manufacturing firm will ally with a Native American-owned cannabis oil processing company to build out a pharmaceutical cannabis extraction facility.

  • June 13, 2024

    Ford Asks To Defend EPA's Heavy-Duty Truck Emissions Rule

    Ford Motor Co. has urged the D.C. Circuit to let it intervene in defense of the U.S. Environmental Protection Agency's final rule establishing greenhouse gas emissions standards for heavy-duty vehicles such as delivery trucks, dump trucks, public utility trucks and buses.

  • June 13, 2024

    Longtime Dentons Atty Rejoins Firm After In-House Stint

    Dentons announced that an attorney who previously spent over 25 years at the firm and its preceding organization rejoined its Los Angeles office as a partner in the capital markets practice, following several years of working as general counsel for lending companies.

  • June 13, 2024

    Bond Denial Upheld For Army Construction Project

    An Illinois federal judge affirmed an arbitration award relieving two insurers of covering a $1.8 million bond issued to a subcontractor retained for a U.S. Army construction project, upholding the arbitrator's finding that the status of the project wasn't accurately represented at the time of bond procurement.

  • June 12, 2024

    Senate Confirms 2 FERC Nominees, Puts 3rd Nominee On Deck

    The U.S. Senate on Wednesday confirmed two nominees to fill vacant commissioner slots at the Federal Energy Regulatory Commission and scheduled a Thursday vote for a third nominee.

  • June 12, 2024

    1st Circ. Finds PREPA Bondholders Have $8.5B In Valid Liens

    The First Circuit said Wednesday that bondholders of the Puerto Rico Electric Power Authority have valid liens worth $8.5 billion on the revenue of the utility, reversing a lower court's ruling but leaving it up to the bankruptcy court to determine what effect that has on the restructuring plan.

  • June 12, 2024

    EPA Tells DC Circ. Emissions Rules Should Stay In Place

    The U.S. Environmental Protection Agency has fired back at attempts to pause two final rules establishing greenhouse gas emissions standards for power plants and expanded methane emissions control requirements for oil and gas infrastructure, urging the D.C. Circuit to keep the rules in place amid myriad legal challenges.

  • June 12, 2024

    FCC Told Alaska Needs More Broadband Support

    A major telecommunications provider in Alaska is telling the Federal Communications Commission that the government will need to boost its funding if it wants providers to meet high-speed broadband deployment goals for the state.

  • June 12, 2024

    SEC Says Texas Crypto Cases Aren't Related To Fraud Suit

    The U.S. Securities and Exchange Commission asked a Texas federal judge not to stay its case accusing a crypto asset mining and hosting company of securities fraud, saying in a Wednesday brief that the judge's concerns about other pending cases creating "moving-target precedents" were unfounded.

  • June 11, 2024

    SIFMA, Missouri Seek Early End To Anti-ESG Rules Suit

    The Securities Industry and Financial Markets Association and Missouri state officials have filed dueling summary judgment bids in SIFMA's suit over the state's anti-ESG rules for brokers and advisers, with SIFMA claiming the rules violate the First Amendment, and both sides painting the issue as a matter of states' rights versus federal preemption.

  • June 11, 2024

    DC Circ. Affirms Petrobras' Immunity Denial In Fraud Case

    The D.C. Circuit on Tuesday affirmed the denial of Petrobras' immunity defense against an investor fraud lawsuit filed after the petroleum company was implicated in a sprawling bribery scheme, ruling that the alleged fraud caused a direct impact on the United States sufficient to pull Petrobras into the court's jurisdiction.

  • June 11, 2024

    Travelers Says No Coverage For Investment Bank's Bond Row

    A Travelers unit said it doesn't owe directors and officers coverage to an investment bank accused of misleading bondholders into investing in a sports complex development project, telling an Illinois federal court the policy bars coverage for claims arising from the bank's performance of services for a client.

  • June 11, 2024

    Brazilian Energy Co. Gets $73M ICC Award OK'd

    A Manhattan federal court has confirmed a $73 million arbitration award granted to a Brazilian renewable energy company that claimed a Chinese solar cell manufacturer had refused to deliver an order of photovoltaic cells the two companies had agreed upon.

  • June 10, 2024

    Calif. Targets Oil Giants' Profits In Amended Climate Suit

    California Attorney General Rob Bonta on Monday tweaked the state's climate deception suit against Exxon Mobil Corp., Shell, Chevron, ConocoPhillips and BP to also target the oil and gas companies' "illegally obtained" profits under a recently enacted state law.

  • June 10, 2024

    Debevoise Aims To Sink Cognizant Bribery Trial Subpoena

    Debevoise & Plimpton LLP urged a New Jersey federal judge Monday to quash defendants' trial subpoena that would require a Debevoise partner to testify in an upcoming September criminal bribery trial against ex-Cognizant Technology Solutions's chief legal officer and another former executive, arguing that the testimony is subject to attorney-client privilege.

  • June 10, 2024

    Cut Penalties For Rural Buildout Shortcomings, FCC Urged

    A trade group representing electric cooperatives is joining the chorus of industry interests calling for the Federal Communications Commission to reduce penalties for companies that withdraw from federally backed rural broadband projects, saying the commission rules should not be "punitive" when build-outs stop making sense.

  • June 10, 2024

    US Treasury Targets Houthi Maritime Smuggling Network

    The U.S. Department of the Treasury added 10 entries to its sanctions blacklist Monday, including designations for crew members and purported document forgers linked to an Iran-based financier the agency views as a leading enabler of Yemen's Houthi rebels.

  • June 10, 2024

    Contractor Can Replead Claims In $115M City Streetcar Suit

    A contractor suing the city of Charlotte for $115 million over alleged cost overruns and delays on a streetcar line construction project will have another shot at pleading its contract claims after a North Carolina Business Court judge cleared the path to file an amended complaint.

  • June 10, 2024

    High Court Won't Review FCC's Universal Service Fund

    The U.S. Supreme Court declined Monday to review whether the country's fee-based telecom subsidy system unlawfully delegates taxing powers from Congress to the Federal Communications Commission and a privately run administrator.

Expert Analysis

  • 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.

  • What A Louisiana Ruling Means For Pipeline Crossings

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    After a Louisiana appeals court's recent ruling on a conflict between two pipeline projects, operators and developers should review pipeline crossings to ensure that they occur at safe distances — and keep in mind the value of crossing agreements for protecting both sides in case of a dispute, say attorneys at McGuireWoods.

  • A Look At FERC's Plan To End Reactive Power Compensation

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    A recent notice of proposed rulemaking indicates that the Federal Energy Regulatory Commission is likely to eliminate compensation for reactive power within the standard power factor range — causing significant impacts for the electric power industry, which relies on income from providing this service, say Norman Bay and Matthew Goldberg at Willkie and Vivian Chum at Wright & Talisman.

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