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Contract Disputes Renewable Energy

Vinson & Elkins LLP

Technology, Infrastructure, and the Future of Disputes: A Conversation with Roberta Downey

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Roberta Downey, a seasoned disputes lawyer, shares how rapid innovation is transforming the construction industry, reshaping contracts, and presenting new challenges for legal teams worldwide. In your recent piece for The...more

Vinson & Elkins LLP

London Partner Roberta Downey Wired for Disputes: Tech, Infrastructure, and the New Frontier of Risk

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“We’re at a moment where the drive for innovation is clashing with the realities of risk.” – Roberta Downey In this video, London partner Roberta Downey examines how rapid technological change — from offshore wind to soaring...more

King & Spalding

New York Appellate Court Refuses to Apply Criminal Usury Law to Post-Default Interest

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On February 13, 2025, a New York intermediate appellate court affirmed the grant of summary judgment against energy companies that defaulted on their loan obligations. In 2020 and 2021, an engineering firm specializing in...more

Husch Blackwell LLP

Powerful Promises: Performance Guarantees and Liquidated Damages in Solar and Biogas EPC Contracts

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Performance guarantees and performance liquidated damages (PLDs) are an essential element of most engineering, procurement, and construction (EPC) contracts, especially those related to solar and biogas projects; they make...more

Hogan Lovells

Energy Buzz: Trends in construction contracts for energy transition projects

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With plans for energy transition infrastructure projects well underway, their successful delivery demands that parties swiftly get to grips with the important issues when negotiating, administering and managing claims and...more

Adler Pollock & Sheehan P.C.

The Outer Continental Shelf Lands Act and Offshore Wind Contract Disputes

Dueling Executive Orders In recent weeks, outgoing President Joe Biden and incoming President Donald Trump each issued a Presidential Memorandum to withdraw extensive areas of the Outer Continental Shelf (OCS) for future...more

WilmerHale

Tax-related Measures in Investor-State Arbitration

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The right to tax constitutes a core attribute of State sovereignty. As U.S. Supreme Court Justice Oliver Wendell Holmes Jr. said, “Taxes are the price we pay for civilization.” However, States may voluntarily limit their...more

Eversheds Sutherland (US) LLP

You gotta fight for your right to caaaaarbon!

Growing environmental awareness by consumers and governments has led to the proliferation of carbon and environmental attribute markets. Businesses in virtually every industry now participate in government mandated markets,...more

Vinson & Elkins LLP

The Transition To Renewable Energy Will Fuel New Disputes In The Energy Industry

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Interest in renewable energy has risen sharply in recent years. More than ever, companies are investing in technology and businesses for solar, wind, hydrogen/carbon capture, and renewable fuels/biomass. Private equity...more

WilmerHale

Ukraine’s Reduction in Renewable Energy Feed-In Tariffs: A Preview of Coming Disputes

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To promote the production of clean energy, many countries have introduced incentives to encourage investment in the renewable energy sector. These incentives have often included feed-in tariffs (“FiTs”), which generally...more

Eversheds Sutherland (US) LLP

Federal Circuit affirms decision regarding developer fees in Section 1603 Renewable Energy Cash Grant Program

On May 21, 2020, the Court of Appeals for the Federal Circuit upheld the decision of the Court of Federal Claims in the consolidated cases of California Ridge Energy, LLC v. US and Bishop Hill Energy, LLC v. US. The cases...more

King & Spalding

The ICC Releases Report on Resolving Climate Change Disputes through Arbitration

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The International Chamber of Commerce (“ICC”) has just released its Report on “Resolving Climate Change Disputes through Arbitration” (the “Report”). The long-awaited Report is the result of almost two years of work by the...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Wind Energy Power Contracts: U.S. District Court Addresses Market Risk Allocation Issues

The United States District Court for the Northern District of Illinois interpreted in a June 18th decision certain provisions of a wind energy purchase contract (“Contract”). See Barton Windpower, LLC & Buffalo Ridge I, LLC,...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Wind Energy Power Purchase Agreement: Indiana Appellate Court Addresses Whether Costs Are Recoverable from Ratepayers

The Court of Appeals of Indiana (“Court”) addressed in a May 21st opinion whether the Indiana Utility Regulatory Commission (“Commission”) was correct in holding that the utility Duke Energy Indiana, LLC, could recover...more

JAMS

Mediating Alternative Energy Disputes

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Energy disputes are usually complex and very expensive to litigate, so those in the traditional oil and gas industries have used arbitration and mediation successfully for years. Most contracts in the energy sector have ADR...more

King & Spalding

Texas Supreme Court Issues Opinion with Implications for Power Purchase Agreements

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The Texas Supreme Court recently issued an opinion with implications for negotiating terms in power purchase agreements in the renewable energy market. In FPL Energy LLC, et al. v. TXU Portfolio Management Co., LP, the Court...more

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