Friday, October 30, 2015

Clean Power Plan – Court Sets Schedule for Stay Requests


by Sue Cowell, in Washington


None of the requests to stay the Clean Power Plan will be heard until after the international climate change talks wrap up in Paris. This means that the Obama administration is assured that the Clean Power Plan will be intact during the talks, which are being held from November 30 through December 11, 2015. 

Monday, October 26, 2015

Clean Power Plan – 19 Separate Petitions for Review Already Filed

by Sue Cowell, in Washington

As expected, publication of the Clean Power Plan in the Federal Register on Friday started a firestorm of litigation. A total of 19 petitions for review of the Clean Power Plan were filed by 26 states and a number of other interested parties. Friday marked the first day of the 60-day period to file petitions for review by the US Court of Appeals for the DC Circuit. Here's the list of petitions that were filed on Friday along with the assigned case numbers:

  • States. Alabama, Arizona, Arkansas, Colorado, Florida, Georgia, Indiana, Kansas, Kentucky, Louisiana, Michigan, Missouri, Montana, Nebraska, New Jersey, North Carolina, Ohio, South Carolina, South Dakota, Texas, Utah, West Virginia, Wisconsin, and Wyoming. All of these states joined in the lawsuit brought by West Virginia and Texas (No. 15-1363). The states of North Dakota (No. 15-1380) and Oklahoma (No. 15-1364) each filed separate lawsuits.

Friday, October 23, 2015

Clean Power Plan – A Firestorm of Litigation Expected as Planning Continues at the State Level


by Sue Cowell, in Washington

The EPA expects a firestorm of litigation following the publication of the Clean Power Plan in the Federal Register today.  Prior lawsuits, the latest involving 15 states, had been dismissed as being premature.  The EPA also published its final carbon dioxide emissions rule for new, modified, and reconstructed power units, as well as its proposed federal implementation plan that EPA will impose on states that don't submit an approved implementation plan to comply with the Clean Power Plan.  The comment period to the federal plan ends on January 21, 2016.

Thursday, October 22, 2015

#TBT: US Trade Sanctions Are a Trap for the Unwary



This post is part of an occasional series highlighting a project finance article or news item from the past. It is often interesting and thought provoking to look back on these items with the perspective of months, years or decades of further experience. 

With this installment, we turn to a transcript that was published in the April 2007 issue of the Project Finance NewsWire featuring Christopher Man, counsel in Chadbourne's Litigation group and Keith Martin, a partner in Chadbourne's Project Finance group. 


US Trade Sanctions Are a Trap for the Unwary


The United States maintains trade sanctions of varying severity against dozens of countries. Anyone doing business with sanctioned countries must be careful not to violate them.The sanctions not only vary from country to country, but they also change periodically.

Thursday, October 15, 2015

#TBT: US Inbound Investment Strategies For Renewable Energy



This post is part of an occasional series highlighting a project finance article or news item from the past. It is often interesting and thought provoking to look back on these items with the perspective of months, years or decades of further experience. 

With this installment, we turn to a transcript that was published in the November 2011 issue of the Project Finance NewsWire featuring Keith Martin, partner in Chadbourne's Project Finance group. 



US Inbound Investment Strategies For Renewable Energy


A new wave of Chinese, Spanish and some other European and Latin American companies is investing in US renewable energy projects. Much of the attention is focused on the solar sector, but there have also been some notable recent purchases of interests in operating wind farms and other wind projects nearing the start of construction.

Thursday, October 1, 2015

#TBT: Prepaid Power Contracts


This post is part of an occasional series highlighting a project finance article or news item from the past. It is often interesting and thought provoking to look back on these items with the perspective of months, years or decades of further experience. 

With this installment, we turn to a Special Update that was published in the September 2012 issue of the Project Finance NewsWire written by Chadbourne partner and co-head of the Project Finance Group, Keith Martin.

Prepaid Power Contracts

Developers are taking another look at prepaid power contracts as a way of reducing the cost of capital for utility-scale renewable energy projects.