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Expert Analysis

• High Court Ruling Won't Stop States From Thwarting Pipelines

  

  While the U.S. Supreme Court recently held that PennEast had the power under the Natural Gas Act to take right-of-way interests in land owned by New Jersey for construction of its pipeline, the decision eliminates only one means by which states can block such development, say ​​​​​​​Yvonne Hennessey and Mark McNamara at Barclay Damon.

• Voluntary CFIUS Filings May Limit Uncertain Outcomes

  

  Attorneys at DLA Piper outline key considerations U.S. businesses should consider when deciding whether to voluntarily notify the Committee on Foreign Investment in the United States of transactions, in order to avoid unexpected governmental review and intervention.

• How Speedway Deal Might Have Avoided Antitrust Gridlock

  

  A close examination of 7-Eleven's Speedway acquisition shows that adding certain language to the deal's closing conditions might have kept it out of prolonged Federal Trade Commission antitrust jeopardy, say attorneys at Cadwalader.

• Tips For Energy Developers Seeking To Lease Tribal Lands

  

  The Biden administration's commitment to renewable energy creates opportunities to lease tribal lands under the Helping Expedite and Advance Responsible Tribal Home Ownership Act, but renewable energy developers should carefully consider sovereign immunity questions and other unique issues associated with tribes, say attorneys at Perkins Coie.

• Biden Infrastructure Plan Will Be Challenging To Implement

  

  President Joe Biden's $2 trillion American Jobs Plan proposes incentives for environmental remediation of legacy sites, and creation of more resilient and greener energy infrastructure — but fully implementing it would take many years, and require close coordination between the White House, Congress and federal agencies, says Robert Middleton at Schiff Hardin.

• Water Rule Reinstatement Shows Specific Objections Are Key

  

  The Tenth Circuit's recent lifting of an injunction against the federal Navigable Waters Protection Rule in Colorado offers lessons for litigants seeking relief against an agency rule — including the importance of avoiding general allusions of harm that lack specificity or imminence, say attorneys at Gibson Dunn.

• Oil And Gas Contract Drafting Lessons From Texas Ruling

  

  The recent Texas Supreme Court opinion in BlueStone Natural Resources II v. Randle makes it clear that when drafting oil and gas leases, parties should explicitly state contract terms — and avoid creating contradictory terms through amendments or addenda, say Kenneth Held and Brent Hanson at Skadden.

• The UK Needs Safe Harbors For Libor's Wind-Down

  

  A synthetic Libor could come to the aid of tough legacy contracts when Libor ceases to exist later this year, but the U.K. should legislate safe harbors to mitigate transaction risk during the transition, say former Federal Reserve Bank of New York general counsel Thomas Baxter and former London Commercial Court Judge Sir William Blair.

• CBP's Jones Act Ruling Provides Certainty For Offshore Wind

  

  U.S. Customs and Border Protection's recent ruling confirming that the Jones Act applies to wind energy projects on the outer continental shelf provides useful clarity for offshore wind energy developers, operators and other stakeholders planning future operations, say attorneys at Holman Fenwick.

• Surveying Global Tax Updates For Sovereign Wealth Investors

  

  As the market transitions to a post-pandemic phase, sovereign wealth fund and other foreign institutional investors must evaluate how recent U.S., EU and U.K. tax changes may affect their private fund investments, say attorneys at Morgan Lewis.

• Offshore Wind Push Is Good News For NYC Building Owners

  

  With a surge of federal and state support for offshore wind power in New York state, the projects now in development should greatly benefit New York City building owners seeking to comply with the city's Climate Mobilization Act, says Raymond Pomeroy at Stroock.

• Biden's Climate Agenda Means Oil, Gas Cos. Must Innovate

  

  President Joe Biden's climate agenda, including changes to leasing of public lands, tax deductions and other policies, may impose significant hurdles on the oil and gas sector, but companies that take an innovative, multifaceted approach can rise to this challenge, say attorneys at Akin Gump.

• 3 Key Environmental Takeaways From Biden's First 30 Days

  

  President Joe Biden has heavily prioritized environmental policy during his first month in office, with three key themes emerging that will immediately change enforcement practices and affect regulated industries, say attorneys at Gibson Dunn.