ProjectsPlus 2022

Milbank's Magazine for Energy & Infrastructure Projects

This issue of ProjectsPlus features our latest podcast, “Climate Change Outlook: ‘Good COP, Bad COP.’” In this episode, host Allan Marks and Milbank London partner Chris Taufatofua share personal reflections from their participation at the COP27 UN Climate Change Conference, look at trends from 2022, and preview 2023.

Other articles highlight how future investments in energy and infrastructure will be shaped by key legislation and new policies, including the Inflation Reduction Act in the US, the SEC’s proposed climate-related risk disclosure rules, ESG-related disclosures and reporting requirements in the UK, the US Supreme Court’s decision in West Virginia v. EPA, and the US’s National Electric Vehicle Infrastructure Formula Program (NEVI). This issue also discusses how the energy transition is fueling M&A in Asia, the principles and structures of Islamic finance, and the use of project bonds to fund investment across a broad spectrum of industrial activities.

Our goal in selecting these topics is to provide the facts, spur conversations and spark new ideas. Please share your comments and questions with us by email at projectsplus@milbank.com.

Scroll down for the latest articles.

Climate Change Outlook: "Good COP, Bad COP"

How will investors and policymakers move forward on climate change in 2023 after an eventful 2022? In this episode of the Law, Policy & Markets: Milbank Conversations podcast, host  Allan Marks and Milbank London partner Chris Taufatofua, both members of the Project, Energy and Infrastructure Finance group, share personal reflections from their participation at the COP27 UN Climate Change Conference, look at trends from 2022 and preview 2023. They discuss global clean energy investment, the special role of oceans, negotiations for a new international fund to redress the “loss and damage” from climate change impacts, and the gap between climate pledges and progress in reducing global greenhouse gas emissions. Strong hurricanes, costly wildfires, widespread flooding, drought and heat waves plague the globe. In 2022, the United States enacted the landmark Inflation Reduction Act, making good on President Joe Biden’s promise to enact sweeping climate legislation. Billions of dollars in new government incentives will support investment in renewable energy, innovative clean technologies and advanced manufacturing. The European Union announced new ESG and climate reporting rules. Many nations signed on to the US Ocean Conservation Pledge at COP27. In 2023, the US SEC is likely to promulgate new climate risk disclosure rules. IFRS is finalizing the new ISSB (International Sustainability Standards Board) sustainability and disclosure standards. And the world will meet later this year at the next climate conference: COP28 in Dubai. Do climate conferences really move the needle? Allan and Chris go inside.

The Markets are Growing—and So Are We

We are excited to welcome several new partners in our global Project, Energy and Infrastructure Finance Group—talented, experienced lawyers with unparalleled technical excellence, a commitment to client service, and the proven insight necessary to meet the demands of our clients’ most challenging cross-border deals.

Matthew Brown (London) advises sponsors, lenders, export credit agencies and governments on energy and infrastructure development and finance matters, with a focus on energy transition matters, including battery gigafactories, battery storage, hydrogen and other green industrial projects, as well as oil and gas, LNG, and conventional and renewable power matters.

Munib Hussain (London) has advised on numerous innovative and “market-first” transactions around the world. He has significant expertise in advising sponsors, lenders, private equity funds and sovereigns on international projects, energy and infrastructure project and acquisition financings, restructurings and investments in the oil and gas, power (including renewables) and mining sectors.

Michael Klaus (Los Angeles) focuses on the financing and sale of renewable energy projects, representing financial institutions and sponsors in all aspects of the acquisition, development and financing of energy and infrastructure projects. He advises clients in the financing or sale of projects across a range of technologies, including solar, wind, battery storage, fuel cell, biomass, landfill gas and advanced biofuels. 

Sean O’Neill (New York) represents project sponsors and financial institutions in a range of domestic and cross-border project and structured financings and investment transactions across numerous industrial sectors, including oil and gas, power and renewable energy, transportation, airports, water and telecommunications.

Milbank is Proud to Work with Clients Who are Developing and Financing the World’s Most Vital and Complex Projects

We are fortunate to work with top-tier clients on their largest, most sophisticated and cutting-edge transactions. From battery storage and renewable energy development to freight rail services and nickel mining projects, our clients are at the forefront of infrastructure project development, including energy storage, clean and renewable power, alternative fuels, ESG and sustainability.

In the past year alone, our attorneys in the United States, the UK, South America and across Asia have advised on an astounding range of landmark energy and infrastructure transactions are the world, including:

Analyzing the Energy Tradeoffs in the Inflation Reduction Act

The main thrust of the Inflation Reduction Act is to promote cleaner and greener energy sources and technologies so as to reduce the greenhouse gas emissions that contribute to global climate change. In “Inflation Reduction Act: Faustian Bargain Could Jeopardize Offshore Wind, Renewable Energy On Federal Lands,” published in Forbes, Milbank partner Allan Marks examines the tradeoffs between climate protections and fossil fuel provisions in the legislation, addressing the bill’s various energy and tax provisions in the broader context of the energy transition, regulatory goals, volatile markets and the current investment climate.

Energy Transition is Fueling M&A in Asia

Milbank Singapore-based partner Jacqueline Chan discusses how the energy transition is fueling M&A in Asia in the 2023 M&A Outlook: Q&A with Twelve Top Global M&A Dealmakers, a report produced jointly by Ansarada and Mergermarket. “There has been a shift towards energy transition and renewables for sure,” says Ms. Chan. “We’re observing PE firms, strategic buyers and infrastructure funds all focusing much more on the energy transition.” Ms. Chan also addresses other key sectors that may drive activity in 2023.

The SEC’s Proposed Climate-Related Risk Disclosure Rules: An Overview

In March 2022, the US Securities and Exchange Commission (SEC) released its long-awaited proposed rules on climate risk disclosures, which amend and build upon existing climate-change disclosure rules and guidance. The final rule is expected in 2023. In “An Overview of the SEC’s Proposed Climate-Related Risk Disclosure Rules,” published in the New York State Bar Association’s New York Environmental Journal, Milbank’s Matt Ahrens, Allison Sloto and Pinky Mehta discuss the proposed rules that are intended to enhance and standardize disclosures on climate-related risks that are likely to have a material impact on a company’s business and financial performance over the short, medium and long term.

ESG Disclosures: UK Regulation and Litigation Risks

The prominence of Environmental, Social and Governance (ESG) factors has increased dramatically in recent years, particularly in the financial services sector. Regulatory authorities across jurisdictions, financial services firms and the wider investing public are also increasingly focusing on ESG-related disclosures and reporting, as well as the risk of “greenwashing.” Milbank’s William Charles and Vasiliki Katsarou discuss why it is important for UK-listed companies and financial sector firms to review and manage their ESG-related disclosures and statements in the interests of mitigating the risks of regulatory enforcement action, reputational damage and/or litigation.

Islamic Finance: Key Principles and Structures

Islamic finance is concerned with the conduct of commercial and financial activities in accordance with Islamic law or shariah. In the Islamic Finance chapter of the Project Finance Law Review, Fourth Edition, Milbank partner Munib Hussain outlines the key principles relevant to Islamic finance transactions, examines the typical funding structures deriving from those principles, discusses the application of Islamic finance principles and structures in a project finance context, and addresses the particular challenges of combining Islamic finance with conventional project financing techniques.

What Does West Virginia v. EPA Mean for Investment in Energy?

In a victory for coal-producing states and fossil fuel companies, the Supreme Court’s decision in West Virginia, et al. vs. Environmental Protection Agency, et al., sharply curtails the Environmental Protection Agency’s (EPA) power to regulate greenhouse gas (GHG) emissions from coal-fired power plants. In “Supreme Court Clouds Future Of EPA Clean Air Rules, Threatening Climate Goals,” published in Forbes, Milbank partner Allan Marks reviews the case, the legal context, and the potential implication for investments in renewables and other energy assets.

Why the World Needs Project Bonds (and Project Finance Lawyers)

A primary attraction of utilizing project finance bonds for a project’s owner, typically referred to as a “sponsor,” is that the cost of financing a project can be minimized to the extent that the debt incurred to finance the project will be repayable over a long period of time using the proceeds of the project’s net revenues. In “Why the World Needs Project Bonds (and Project Finance Lawyers...)," published in the International Comparative Legal Guide to Project Finance, Milbank partner John Dewar discusses the ins and outs of project bonds, including requirements, risks and the stages in a project bond issuance.

Assessing the US National Electric Vehicle Infrastructure (NEVI) Program

The US Departments of Transportation and Energy’s National Electric Vehicle Infrastructure Formula Program (NEVI), launched in February 2022, allocates $5 billion in funding over five years to build a nationwide electric vehicle charging network. Milbank partner Allan Marks spoke with Institutional Investing in Infrastructure about why expanded EV charging networks are essential to the larger decarbonization effort in the US, aimed at combating climate change and transitioning to cleaner energy, as well as promoting environmental justice.

In Case You Missed These Podcasts…

JFK Airport’s New Terminal One—“We Have Liftoff”
The $9.5 billion New Terminal One at New York's John F. Kennedy Airport – developed, financed and built by a private consortium – will be the largest terminal at the airport when completed, with state-of-the-art technology, sustainability and capacity upgrades.

Inflation Reduction Act—Expanding the Use of Tax Credits for Clean Energy Projects
The Inflation Reduction Act encourages investment by expanding the use of production tax credits (PTC) and investment tax credits (ITC) for clean energy projects, domestic supply chains and skilled jobs, Milbank partner Allan Marks explains on a Proximo Infra podcast.

ESG – Shaping How Companies Raise Capital
Investors, borrowers and financial institutions are increasingly using Environmental, Social and Governance (ESG) principles and metrics to shape the ways they attract capital, screen investments, set terms in complex transactions, and meet evolving compliance and disclosure requirements.