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Expert Analysis

• New Constitution In Chile Would Affect Infrastructure Projects

  

  If Chile's new draft constitution is approved in next week's referendum, it will significantly alter the state's role in the economy — so investors in infrastructure projects must prepare for the possibility of heighted environmental protections and more state control of natural resources, say Craig Miles and Vanessa Alarcon Duvanel at King & Spalding.

• Pre-Permit Best Practices For Texas Solar Farm Proposals

  Excerpt from Practical Guidance

  

  When entering the pre-permit phase to construct and operate a solar farm in Texas, the developer's legal counsel should carefully establish definitions for key terms, including what constitutes an environmental permit, in order to ensure a smooth and flexible review process, says Larry Pechacek at V&E.

• New Mass. Law A Step Forward For Offshore Wind

  

  Recently enacted legislation in Massachusetts demonstrates the state's commitment not only to its renewable energy and greenhouse gas reduction goals, but specifically to supporting development of offshore wind projects — as well as development of transmission infrastructure to connect those projects to the grid, say attorneys at Day Pitney.

• HUD Chicago Finding Reflects Biden's Enviro Agenda

  

  A recent final finding issued by the U.S. Department of Housing and Urban Development regarding relocation of a Chicago recycling facility illustrates how leveraging nonenvironmental statutes to force change and address environmental justice issues can work in practice, say J. Michael Showalter and Samuel Rasche at ArentFox Schiff.

• 3 Trends To Watch In US Offshore Wind Development

  

  As the offshore wind industry continues to build momentum in the U.S. with billions of dollars in new infrastructure spending and offshore lease sales, developers should keep an eye on emerging solutions to grid connectivity, expansion into new potential lease areas and more, say attorneys at V&E.

• Inflation Reduction Act Loan Funds Will Aid Energy Innovation

  

  By providing an extra $70 billion to the U.S. Department of Energy's Loan Program Office, the Inflation Reduction Act has the potential to significantly increase financing for innovative energy production and storage projects — and to do so in a fiscally responsible manner, say attorneys at Kilpatrick.

• What 5th Circ. Bankruptcy Ruling Means For FERC Authority

  

  The Fifth Circuit’s recent ruling in Gulfport Energy v. Federal Energy Regulatory Commission begs the question as to whether FERC regulations sufficiently protect pipelines from the effects of customer bankruptcies, and highlights the conflict between the commission and bankruptcy courts, say Keturah Brown and Emily Mallen at Sidley.

• Justices Could Tighten Fraud Statute In Ex-Cuomo Aide Case

  

  The U.S. Supreme Court has an opportunity to overturn the conviction of an aide to former New York Gov. Andrew Cuomo in Percoco v. U.S., thereby restraining federal prosecutors' use of the honest services fraud statute and confining its application to cases of true public corruption, says Scott Coffina at Montgomery McCracken.

• A Look At 2 Frameworks For Decarbonizing Heavy Industry

  

  Comparing common themes in two recent international frameworks for decarbonizing heavy industry reveals recent progress toward lowering emissions and highlights the key role the industrial sector will play in decarbonization efforts, say attorneys at Shearman.

• 'Waters Of US' Meaning May Get 'Major Questions' Scrutiny

  

  After the U.S. Supreme Court's invocation of the so-called major questions doctrine in its recent decision in West Virginia v. U.S. Environmental Protection Agency, the court is primed to use this concept to restrict federal wetlands protections under the ambiguous term "waters of the United States," says Peter Alpert at Ropes & Gray.

• Cos. Should Engage With EPA On PVC Hazard Designation

  

  A pending petition to the U.S. Environmental Protection Agency to classify discarded polyvinyl chloride products as hazardous waste could have wide-ranging and unanticipated effects due to the ubiquity of PVC products — so potentially regulated industries should provide information to the EPA on the economic impact of such a move, say attorneys at Kilpatrick.

• Lessons From FERC New England Capacity Market Settlement

  

  The Federal Energy Regulatory Commission's recent enforcement settlement with Salem Harbor Power Development illustrates the consequences for power market participants if they fail to report accurate information to independent system operators and regional transmission organizations, say attorneys at K&L Gates.

• Fed. Circ. Ruling May Curb Gov't Contract Procedural Suits

  

  The Federal Circuit's recent decision in Zafer Construction v. U.S. contains important takeaways for federal contractors and contracting officials on determining whether a request for equitable adjustment is a timely claim for a final decision, and will hopefully avert costly procedural litigation, say Aron Beezley and Sarah Osborne at Bradley.