Project Finance

  • March 15, 2024

    Divided 5th Circ. Rejects Atomic Waste Site Dispute Rehearing

    A narrowly divided Fifth Circuit has widened a circuit split by refusing to reconsider its ruling that U.S. nuclear energy regulators illegally approved an atomic waste site in West Texas, ruling the Lone Star State and mineral owners could challenge the decision without participating in the licensing process.

  • March 14, 2024

    Lawmakers Secure $1.3B For Native American Housing

    A record $1.34 billion will go toward Native American housing programs as part of an appropriations package passed by Congress, a $324 million increase over last year's funding.

  • March 14, 2024

    Tingo Sued In Del. For Docs On CEO Indictment, DOJ Probe

    A stockholder of Tingo Group Inc., a company controlled by a Nigerian man recently charged in connection with an allegedly "staggering" multinational fraud, has sued the business for books and records in Delaware's Court of Chancery, saying the documents are central to assessing next steps.

  • March 14, 2024

    Energy Dept. Floats $2.26B Loan For Nev. Lithium Project

    The Biden administration is pitching a $2.26 billion loan to help fund lithium carbonate processing facilities at the controversial Thacker Pass mine in northern Nevada, saying they could support the production of as many as 800,000 electric vehicles a year.

  • March 13, 2024

    NC City Asks State Justices To Review Homebuilders' $5M Win

    The North Carolina city of Greensboro urged the state's high court to review the $5.25 million judgment won by D.R. Horton Inc. and True Homes LLC in the homebuilders' class action accusing the city of charging illegal preservice water fees.

  • March 13, 2024

    FCC Waives Bank Rating Rule For Rural Auctions For 1 Year

    Internet service providers that received letters of credit from banks that took a plunge in the ratings will have an extra year to find a suitably rated financial institution to back them so they can get their rural broadband auction funding, the Federal Communications Commission has declared.

  • March 13, 2024

    FCC Seeks $58M Budget Bump Next Fiscal Year

    The Federal Communications Commission has sought a roughly $58 million boost in its operating budget for next year, an increase of about 15%, offset by fees levied on regulated industries.

  • March 13, 2024

    FERC Can't Change Power Auction Results, 3rd Circ. Rules

    The Third Circuit has wiped out the Federal Energy Regulatory Commission's tweak to the results of an electricity capacity auction run by the nation's largest regional grid operator, saying it amounted to retroactive rate-making in violation of the filed-rate doctrine.

  • March 13, 2024

    Patriots Owner Flags $2M Lien On 'Useless' Skydiving Facility

    The real estate business of New England Patriots owner Bob Kraft asked a Massachusetts judge to discharge a $2 million mechanic's lien on a defunct indoor wind tunnel and skydiving attraction at a shopping center next to the football team's stadium.

  • March 13, 2024

    Tower Taxes To Partly Fund $10B Midtown NYC Bus Terminal

    Tax revenue from up to three private towers would help pay for a $10 billion replacement of the aging Port Authority Bus Terminal in Midtown Manhattan, under a deal approved by New York Gov. Kathy Hochul, New York City Mayor Eric Adams and the Port Authority of New York and New Jersey.

  • March 12, 2024

    Lima Loses Bid To Duck $140M Arb. Awards In Highway Row

    A D.C. federal judge on Tuesday refused to overturn $140 million in arbitral awards against the city of Lima, Peru, stemming from its dispute with a highway contractor, ruling that the contractor won those two awards "fair and square."

  • March 12, 2024

    Treasury Sanctions More Iran-Backed Terrorist Operatives

    The U.S. Department of the Treasury on Tuesday unveiled new sanctions against a handful of individuals with ties to the designated terrorist group Al-Ashtar Brigades, singling out "key Iran-based operatives" as well as a financier for the group.

  • March 12, 2024

    Biden Unveils Zero-Emission Freight Truck Infrastructure Plan

    The Biden administration unveiled Tuesday its strategy to provide ubiquitous and convenient access to electric-vehicle charging and hydrogen refueling along the nation's freight corridors, advancing the president's plan to decarbonize the freight sector.

  • March 12, 2024

    Sluggish Policy Could Chill Geothermal Boom, Advocates Say

    Geothermal energy development is having a moment as advances in drilling technologies are attracting more government and private investment, but industry experts say the policy and regulatory landscape isn't keeping pace and needs to catch up to the market.

  • March 12, 2024

    $20M Coal Lease Judgment Should Stand, 10th Circ. Hears

    A coal company on Monday urged the Tenth Circuit not to disturb a $20 million judgment it was awarded in a Wyoming lease dispute over the calculation of advance royalty payments, saying the lower court got it right.

  • March 12, 2024

    DC Circ. Questions MPLX Alternatives In FERC Decision

    D.C. Circuit judges on Tuesday pressed attorneys for the Federal Energy Regulatory Commission on the agency's decision allowing crude oil transportation company MPLX to charge market rates on its Ozark Pipeline, questioning in particular how much capacity would be available on other lines if shippers needed an alternative to supracompetitive pricing.

  • March 12, 2024

    Steptoe Adds 5 From Holland & Knight, Covington In NY & DC

    Steptoe LLP has hired a Holland & Knight LLP partner, a former Holland & Knight practice group leader and a trio of Covington & Burling LLP attorneys to help boost its New York and Washington, D.C.-based practices focused on energy matters.

  • March 11, 2024

    Panama Port Fight Belongs In Chancery Court, H.K. Co. Says

    A Hong Kong company alleging that its interest in a lucrative port project near the Atlantic entrance to the Panama Canal is being stolen has urged a Delaware federal court to remand its lawsuit back to the Chancery court, saying the suit's removal last month was a delay tactic.

  • March 11, 2024

    Canadian Co. Loses $4.4B Romanian Gold Mining Claim

    Canadian mining company Gabriel Resources Ltd. has reported its failure to win a $4.4 billion dispute with Romania over a canceled gold and silver project, saying its claims filed against the government have been thrown out by the World Bank's international arbitration institution.

  • March 11, 2024

    Biden DOT Budget Targets Aviation Safety, Private Jet Use

    The Biden administration is seeking to impose new fees on private jet users, boost aviation industry hiring and accelerate transit, highway and other infrastructure projects under a $109.3 billion budget request for the U.S. Department of Transportation that the White House unveiled Monday.

  • March 11, 2024

    Corps Says Groups Can't Show Dredging Permit Was Flawed

    The U.S. Army Corps of Engineers and an Enbridge Inc. unit told the Fifth Circuit that several groups challenging a permit issued for dredging and construction for the expansion of a major oil terminal on Texas's Gulf Coast may want a different outcome but can't show any permitting decisions were flawed.

  • March 08, 2024

    FCC Says There's No Order To Appeal In IT Fund Suspension

    The D.C. Circuit shouldn't rush to hear a case accusing the Federal Communications Commission of dragging its feet on releasing subsidy funds for tech support at grade schools because there's no order from the FCC to be appealed, the agency has said.

  • March 08, 2024

    Ex-NJ Transit Exec Says Fears Over $2B Project Led To Firing

    NJ Transit's ex-chief of construction management, who was overseeing the largest project in the agency's history, claims that his 2023 firing was retaliation for raising concerns about what he called design defects in the $2.3 billion endeavor to replace the aging Portal Bridge over the Hackensack River.

  • March 08, 2024

    Calif. County Hasn't Fixed Oil Permitting Rules, Court Says

    A California appeals court again nixed a Kern County, California, ordinance that paves the way for faster oil and gas development in the area, saying the court-ordered, revised policy still doesn't comply with the state's bedrock environmental law.

  • March 08, 2024

    Ex-Private Funds Leader With Perkins Coie Jumps To MoFo

    The former chair of Perkins Coie LLP's private investment funds group has jumped to Morrison Foerster LLP in Denver.

Expert Analysis

  • 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.

  • Charting The Course For Digital Assets In 2024

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    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.

  • Law Firm Strategies For Successfully Navigating 2024 Trends

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    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.

  • The Most-Read Legal Industry Law360 Guest Articles Of 2023

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    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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