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Inflation Reduction Act
Merchant Risk and the Energy Transition: Tensions in the Capital
Debt vs. Equity As part of the series of articles on the expansion of merchant risk in the traditional project finance market and its interplay with the energy transition, this article will explore the tensions between equity and debt providers...
TIFIA – The Impact of the Infra Act
For the last couple of decades, many US greenfield transportation projects have benefited from “TIFIA” financing. The Transportation Infrastructure Finance and Innovation Act of 1998 (“TIFIA” or the “Program”) created a credit program to facilitate the financing of large transportation...
Challenging Policy on Climate Change Grounds
Divisional Court split on challenge against UK Export Finance’s decision to provide finance to the Mozambique LNG Project In R (on the application of Friends of the Earth Limited) (the “ Claimant ”) v The Secretary of State for International...
The Shifting Energy Policy Zeitgeist and Investment Implications
On March 24, the Federal Energy Regulatory Commission (FERC) made an unexpected and bipartisan about-face on its freshly updated policies for considering the environmental impacts of natural gas infrastructure projects like pipelines and liquefied natural gas (LNG) export facilities. 1...
Is the "S" in ESG Poised for a Breakout Year in 2022 for Sustainability-Linked Loans?
If last year was any indication, 2022 may be another record-setting year for the sustainable syndicated loan market. According to financial data provider Refinitiv, new issuances of sustainability-linked loans (“SLLs”) climbed to $717 billion in 2021, an increase of more...
Executive Order Legitimizes Cryptocurrency Industry – Regulation and Legislation up Next
The White House Executive Order on Ensuring Responsible Development of Digital Assets (the “EO”), is the policy statement that the industry was waiting and hoping for: one that recognizes the legitimacy of the cryptocurrency industry. The EO presents a balanced...
A Second Life for Batteries
The surge in the deployment of utility-scale and electric vehicle batteries requires a regulatory regime to govern what we do with all these batteries once no longer fit for their initial purpose. The existing regimes in the EU and UK...
A Balancing Act: Merchant Risk and the Energy Transition
One Cold Day in January Whilst most people will think of 2021 as being dominated by Covid and yet another year of the pandemic and lock-down restrictions, anybody interested in the energy markets will likely mark 2021 down as a...
HSR Notification Thresholds Increase for 2022
The Federal Trade Commission (“FTC”) has announced the annual revisions to the Hart-Scott-Rodino Antitrust Improvements Act (“HSR Act”) thresholds, which will become effective on February 23, 2022. The revised thresholds will apply to any merger or acquisition closing on or...
New UAE Commercial Companies Law: Summary of Key Changes
Background Federal Law No. 32 of 2021 on Commercial Companies (the New Companies Law ) has repealed and replaced Federal Law No. 2 of 2015 on Commercial Companies (the Repealed Companies Law ). The New Companies Law, which came into...
Infrastructure Investment and Jobs Act: Selected Changes Impacting Public-Private Partnerships
On November 15, President Biden signed into law the $1 trillion Infrastructure Investment and Jobs Act (the “IIJA” or the “Act”) which cleared the House of Representatives in early November after months of delay. The new law (also known as...
2021 Year-in-Review – U.S. State Privacy Legislation
The COVID-19 pandemic has rapidly accelerated our reliance on digital services and platforms, which brings new challenges and expectations for data privacy. But, to date, there has been little movement towards all-encompassing federal privacy legislation. Therefore, the issue of consumer...
Africa’s Infrastructure Paradox: Transmission Infra in Ghana
Introduction Africa’s infrastructure needs – including road, rail, ports, transmission and power – are considerable, and will become increasingly pronounced on account of the continent’s need for such infrastructure to support its social and economic growth. It is estimated that...
SLLs – Greenwash or Not?
The issue of climate change and sustainability has become an existential question for hydrocarbon companies with climate change and ESG pressures severely impacting access to capital for independent E&P companies. The global pandemic has unquestionably accelerated the energy transition and...
Financing ESCO Energy Efficiency Projects
The project financing of energy efficiency projects is gaining traction, fueled in part by the embrace by the business community – including lenders – of sustainability policies and the adoption of environmental, social and governance (ESG) standards and goals as...