Project Finance

  • June 21, 2024

    NYC Judge Says Feds, MTA Fully Vetted Congestion Pricing

    A Manhattan federal judge has said federal and New York transportation agencies meticulously analyzed congestion pricing's potential impacts on traffic, air quality and other factors, rejecting local residents and community groups' claims that the Big Apple's now-paused congestion pricing was improperly approved.

  • June 21, 2024

    Claims Trimmed In Neb. Tribe's Debt Collection Suit

    A federal judge partially dismissed a Nebraska tribe's challenge to the Indian Health Service that claims the federal government repeatedly tried to collect millions on an already paid debt, saying its allegations over the validity of the 2017 agreement are barred by the Contract Disputes Act's one-year statute of limitations.

  • June 21, 2024

    Rip And Replace 'Ruinous' Without Fed Funds, Carriers Say

    A rural telecoms trade group is warning the Federal Communications Commission of potentially "ruinous" financial predicaments for small carriers if the "rip and replace" program targeting Chinese-made telecommunications equipment isn't fully funded soon, saying in a new filing that carriers are considering reducing service because of the lack of funding.

  • June 21, 2024

    Ex-Cognizant Execs Keep Pushing For Debevoise Testimony

    Former Cognizant Technology Solutions executives have pushed back on Debevoise & Plimpton LLP's bid to quash a subpoena seeking testimony from a firm partner for their upcoming bribery trial in New Jersey federal court, saying that the testimony would be relevant and that any potential privilege arguments have already been waived.

  • June 20, 2024

    New Navajo Law Expected To Double Infrastructure Funds

    Navajo Nation President Buu Nygren signed into law legislation that will create a new mechanism allowing the federally recognized tribe to transfer $522 million in American Rescue Plan Act funding into a revenue reserve that's expected to nearly double the tribe's infrastructure financing.

  • June 20, 2024

    Parties Reach Resolution Ending Ga. Shipwreck Suit

    An agreement has been reached ending a lawsuit brought against the companies that owned, chartered, operated and salvaged the MV Golden Ray, a cargo ship that capsized off Georgia's coast, according to a joint stipulation filed Tuesday in Georgia federal court.

  • June 18, 2024

    Anticompetitive Rules Hinder BEAD Fund, Critic Claims

    The success or failure of the $42.5 billion Broadband Equity, Access, and Deployment program lies in the "devilish details," according to one free-market think tank, which says that rules encouraging rate regulation and favoring "gold-plated" fiber technology could soon "cause havoc" if oversight is not rigorous enough.

  • June 18, 2024

    Green Group Insists It Can Fight Colo. Air Plan Approval

    The Center for Biological Diversity told the Tenth Circuit it didn't forfeit its challenge to the U.S. Environmental Protection Agency's approval of a Colorado air emissions permitting program and that the agency is wrong to assert otherwise.

  • June 18, 2024

    Treasury Finalizes Labor Rules For Bonus Energy Tax Credits

    The U.S. Treasury Department released final labor rules Tuesday for clean energy projects seeking to significantly boost the value of their tax credits, emphasizing due diligence by developers and announcing that more IRS resources will go toward enforcement of the rules.

  • June 17, 2024

    Milbank Snags FTC Competition Trial Chief For DC Office

    Milbank LLP announced Monday it has hired the chief trial counsel for the Federal Trade Commission's Bureau of Competition, bulking up its Washington, D.C., antitrust and competition practice with a veteran litigator who led the government's challenge to Microsoft Corp.'s $69 billion acquisition of Activision Blizzard.

  • 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.

Expert Analysis

  • Atmospheric Rivers: Force Majeure Or Just A Rainy Day?

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    As atmospheric rivers pummel California with intense rainfall, flooding and landslides, agencies and contractors in the state struggling to manage projects may invoke force majeure — but as with all construction risk issues, the terms of the agreement govern, and relief may not always be available, say Kyle Hamilton and Corey Boock at Nossaman.

  • Series

    Glassblowing Makes Me A Better Lawyer

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    I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.

  • What 11th Circ. Fearless Fund Ruling Means For DEI In Courts

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    The Eleventh Circuit's recent backing of a freeze on the Fearless Fund's grants to women of color building new companies marks the latest major development in litigation related to diversity, equity and inclusion and may be used to question other DEI programs targeted at providing opportunities to certain classes of individuals, say attorneys at Simpson Thacher.

  • How Associates Can Build A Professional Image

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    As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.

  • Navigating New Safe Harbor For Domestic Content Tax Credits

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    The U.S. Department of the Treasury’s recent notice simplifying domestic content calculations for certain solar, onshore wind and battery storage projects, which directly acknowledges the difficulty for taxpayers in gathering data to support a domestic content analysis, should make it easier to qualify additional domestic content bonus tax credits, say attorneys at A&O Shearman.

  • Firms Must Rethink How They Train New Lawyers In AI Age

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    As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.

  • Think Like A Lawyer: Always Be Closing

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    When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.

  • How A Bumblebee Got Under Calif. Wildlife Regulator's Bonnet

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    A California bumblebee's listing as an endangered species could lead to a regulatory quagmire as California Department of Fish and Wildlife permits now routinely include survey requirements for the bee, but the regulator has yet to determine what the species needs for conservation, says David Smith at Manatt.

  • Series

    Playing Chess Makes Me A Better Lawyer

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    There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.

  • State Procurement Could Be Key For Calif. Offshore Wind

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    A recent ruling from the California Public Utilities Commission highlights how the state's centralized electricity procurement mechanism could play a critical role in the development of long lead-time resources — in particular, offshore wind — by providing market assurance to developers and reducing utilities' procurement risks, say attorneys at Wilson Sonsini.

  • Litigation Inspiration: Attys Can Be Heroic Like Olympians

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    Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.

  • Lean Into The 'Great Restoration' To Retain Legal Talent

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    As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.

  • How Act 126 Will Jump-Start Lithium Production In Louisiana

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    Louisiana's recent passage of Act 126, which helps create a legal and regulatory framework for lithium brine production and direct lithium extraction in the state, should help bolster the U.S. supply of this key mineral, and contribute to increased energy independence for the nation, say Marjorie McKeithen and Justin Marocco at Jones Walker.

  • Series

    Fishing Makes Me A Better Lawyer

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    Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge​​​​​​​ at Robinson Bradshaw.

  • A Healthier Legal Industry Starts With Emotional Intelligence

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    The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.

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