NET Power's Legal Woes Highlight Risks of Over-Pledged Projects and the Urgency of Investor Action

Charles HayesFriday, Jun 6, 2025 2:48 pm ET
27min read

The securities class action lawsuit against NET Power Inc. (NPWR) has emerged as a cautionary tale for investors in companies reliant on high-stakes, long-lead projects. As the case unfolds, it underscores the perils of backing firms that overpromise on timelines and understate risks—and the critical need for investors to act swiftly to mitigate losses when misstatements are exposed.

The Project Permian Problem: Overpromising, Underdelivering

At the heart of the litigation is Project Permian, a $2 billion utility-scale power plant in Texas designed to showcase NET Power's carbon-capture technology. Initially slated to begin operations in 2026 at a cost of $950 million, the project has become a symbol of mismanagement. By March 2025, delays pushed its completion date to no earlier than 2029, with costs nearly tripling to $1.7–2.0 billion.

The lawsuit alleges that NET Power and its executives misled investors by downplaying challenges like supply chain bottlenecks and site-specific hurdles. For instance, the company's November 2023 announcement of a 12-month delay—affecting its original 2026 target—was framed as a minor setback, despite internal warnings of deeper issues.

The Cost of Broken Promises: Stock Price Collapse and Leadership Exodus

The repeated delays and soaring costs have exacted a severe toll on NET Power's share price:
- November 2023: A 18.5% drop to $10.85 after the first major delay was disclosed.
- March 2025: A 31.5% plunge to $4.75 following revised timelines and cost estimates.
- April 2025: An additional 5.8% decline to $2.13 after the abrupt departure of the COO and CFO, signaling eroding confidence in leadership.

These declines reflect investor skepticism about the company's ability to execute its core project. The lawsuit further alleges that leadership failures and financial strain—including a $47 million drop in cash reserves by late 2024—were obscured by misleading statements.

Legal Timeline and Investor Action: The June 17 Deadline

The class action, Luciani v. NET Power Inc., seeks to hold the company accountable for alleged violations of securities laws. Key details for investors:
- Class Period: June 9, 2023 – March 7, 2025.
- Deadline: Investors must file motions to become lead plaintiff by June 17, 2025. Lead plaintiffs guide litigation and select counsel, though all class members may share in recovery.
- Law Firms: Robbins Geller, Pomerantz, and others are representing investors, citing the company's repeated misstatements about Project Permian's feasibility.

Why This Matters for Investors

NET Power's case illustrates two critical risks:
1. Over-Reliance on Single Projects: Companies whose valuations depend on unproven, capital-intensive ventures are vulnerable to catastrophic declines if timelines slip or costs balloon.
2. Disclosure Gaps: Firms that omit material risks—such as supply chain fragility or regulatory hurdles—create fertile ground for litigation.

Investors should scrutinize firms with similar profiles:
- Watch for “Best-Case” Scenarios: Companies projecting rosy outcomes without hedging for risks may be setting themselves up for disappointment.
- Monitor Cash Reserves: Sustained cash burn, as seen in NET Power's $580 million-to-$533 million decline, signals financial stress.
- Heed Leadership Changes: Sudden executive departures, especially in key roles, often precede operational cracks.

The Takeaway: Act Fast, Stay Vigilant

The NET Power lawsuit reinforces the importance of timely legal action for investors. With a June 17 deadline looming, affected holders must act promptly to assert their rights. Meanwhile, the broader lesson is clear: back companies with diversified revenue streams and transparent risk management. For those already invested in projects like Project Permian, the legal battle—and its potential recovery—may be the only path to recouping losses.

As the saying goes, “Trust but verify.” In an era of climate tech hype and ambitious infrastructure projects, investors would be wise to demand proof—and to litigate when promises go unfulfilled.

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