Project Finance

  • November 21, 2019

    Judge Kills Oil Industry Group's Calif. Oil Spill Claims

    A California federal judge said a group of individuals and businesses in the oil industry didn't have the required "special relationship" with Plains All American Pipeline LP that would allow them to pursue negligence claims against the company stemming from a 2015 oil spill.

  • November 21, 2019

    Enviros Sue EPA Over Drilling Wastewater In Calif. Aquifer

    The U.S. Environmental Protection Agency illegally exempted a California oil field from Safe Drinking Water Act protections in order to allow the injection of oil and natural gas wastewater into an aquifer for a Freeport-McMoRan project, the Center for Biological Diversity said Thursday in a new lawsuit.

  • November 21, 2019

    Verizon Sues NY Town Over Rejected Telecom Facility Permit

    Verizon Wireless asked a New York federal court Thursday to overturn a Putnam County town's decision denying its request for permission to build two public utility wireless facilities, arguing that denials of the necessary zoning variances and wetlands permit are "unreasonable and unsupportable."

  • November 21, 2019

    FERC's Glick Says Pipeline OK Has Whiff Of A 'Rubber Stamp'

    The Federal Energy Regulatory Commission on Thursday refused to reconsider its approval for a gas pipeline in Illinois and Missouri, a decision that Commissioner Richard Glick said justifies criticism that the agency acts as a “rubber stamp” for gas projects.

  • November 21, 2019

    Naftogaz Says Texas Co. Can't Seek Discovery Dispute Fees

    Ukrainian energy company Naftogaz urged a Texas federal court Wednesday to deny a bid for attorney fees by the Dallas-based oil and gas reserves auditor of Russian energy giant Gazprom, related to a now-withdrawn subpoena that sought documents for use in litigation to enforce a $2.56 billion arbitral award against Gazprom.

  • November 21, 2019

    FERC Has A Role In PG&E Bankruptcy, 9th Circ. Told

    A California bankruptcy judge had no right to rule that the Federal Energy Regulatory Commission doesn't have a say in whether Pacific Gas and Electric Co. can ditch power purchase agreements in Chapter 11, the agency told the Ninth Circuit.

  • November 20, 2019

    EPA Says Regulation Of 'Forever Chemicals' Coming Soon

    The U.S. Environmental Protection Agency said Wednesday it will soon move toward regulating two substances that belong to the family of "forever chemicals" that has sparked waves of litigation across the country.

  • November 20, 2019

    Kyrgyzstan, Construction Biz Fight Over $25M Bill For Road

    The Kyrgyz Republic and a Turkish construction company have teed up in a D.C. federal court to decide how a $25 million bill the country’s transportation ministry ran up should be paid, a month after a federal judge approved the award.

  • November 20, 2019

    Pa. Bills Would Require OK Of Gov.'s Carbon Tax Agreement

    Pennsylvania lawmakers have filed legislation seeking to require the General Assembly's approval of the governor's proposal to enter the state into a regional greenhouse agreement that could result in carbon taxes being levied on power plants.

  • November 20, 2019

    Pembina Gets Antitrust OK For $3.3B Kinder Morgan Unit Buy

    Pembina Pipeline Corp. and Kinder Morgan Inc. said Wednesday that Canadian antitrust regulators have cleared Pembina's proposed CA$4.35 billion ($3.28 billion) purchase of Kinder Morgan Canada and part of Kinder Morgan's Cochin pipeline, bringing the deal one step closer to completion.

  • November 20, 2019

    Enbridge Loses $45M Leaky Water Line Verdict On Appeal

    An Enbridge Inc. unit didn't present enough evidence to support a $45.4 million verdict against a concrete product maker over a leaky water line that caused a pipeline spill that cost $40 million to remediate, an Illinois appellate panel said Tuesday.

  • November 19, 2019

    Boustani Denies Bribes, Says He 'Tangoed' With Mozambicans

    Privinvest Group executive Jean Boustani readily acknowledged at his fraud and money laundering trial Tuesday in Brooklyn federal court that he arranged to pay a Mozambican agent and a Credit Suisse banker millions, but declined to call them bribes or kickbacks.

  • November 19, 2019

    Grid Policy Shuts Out Offshore Wind Lines, FERC Told

    A power line developer on Monday told the Federal Energy Regulatory Commission that regional grid operator PJM Interconnection wrongly bars transmission projects serving planned Atlantic offshore wind farms from hooking up with the grid and could stymie the ambitious clean energy goals of coastal states.

  • November 19, 2019

    Enviros Say Mont. Coal Mine Expansion Ignores Climate Risk

    Environmental groups have sued the U.S. Department of the Interior, accusing it of ignoring the impact on water quality and climate change of expanding coal mining at a Montana site that fuels a large coal-fired power plant.

  • November 19, 2019

    California Pumps Brakes On New Fracking Permits

    California on Tuesday paused the approval of permits for new fracking wells in a step to achieve its goals of becoming carbon-neutral by 2045 and reducing oil production in the state.

  • November 19, 2019

    Exxon, Suncor Tell 10th Circ. Climate Suit Is Federal Issue

    ExxonMobil and Suncor Energy asked the Tenth Circuit to reverse a Colorado federal judge's decision to send back to state court a suit seeking to put fossil fuel companies on the hook for climate change-related infrastructure damages, according to a brief.

  • November 19, 2019

    Novel Securities Let Some Drillers Unlock Investor Cash

    Oil and gas drillers are breaking new ground to raise cash with two recent deals that roll up mineral interests into securities, but lawyers say the innovative fundraising tool is only an option for companies with the right kinds of assets and creditors.

  • November 19, 2019

    House Dems Unveil New Tax Credits In Green Energy Package

    Several existing renewable energy tax incentives would be expanded and new tax credits to encourage the purchase and use of renewable energy property would be created under a new green energy tax proposal released Tuesday by House Democrats.

  • November 19, 2019

    Steel Co. Settles $1M Dispute Over Chicago Transit Work

    A company that produces fabricated steel has settled its nearly $1 million suit alleging it hadn't been fully paid for its subcontract work on a Chicago Transit Authority station renovation project, according to documents filed in Illinois federal court.

  • November 18, 2019

    Boustani Testifies Of African 'Gold Rush,' Denies $2B Fraud

    Privinvest Group executive Jean Boustani took the stand in Brooklyn federal court Monday to deny that he defrauded investors in $2 billion worth of loans used to finance state-backed maritime projects in Mozambique, recounting how he and his friends joined Africa’s “gold rush.”

  • November 18, 2019

    Venezuela Oil Co., Trustee Reach Deal On $1.68B Bonds

    Venezuela's state-owned oil company has reached an agreement to take off the table for bondholders Citgo shares that back $1.68 billion worth of government bonds due to mature next year, under a forbearance agreement that extends until the litigation ends.

  • November 18, 2019

    Enviros Criticize FERC's Analysis Of Oregon LNG Project

    Environmental groups criticized the Federal Energy Regulatory Commission’s conclusion that most of the environmental problems associated with a proposed $10 billion Oregon liquefied natural gas terminal and pipeline project could be handled, arguing instead that the project could harm water quality and increase emissions.

  • November 18, 2019

    EB-5 Investors Accuse Feds Of Delaying Green Card Petitions

    More than 70 foreign investors in the Jay Peak ski resort projects, which have been tied to an alleged EB-5 investor visa fraud scheme, accused the government of delaying the processing of their applications to become full-fledged permanent residents.

  • November 18, 2019

    FCC Subsidy Program Still Susceptible To Fraud, GAO Says

    The Government Accountability Office said in a report released Monday that the Federal Communications Commission needs to improve fraud protections in its program that gives about $4.5 billion a year to internet service providers for supplying affordable broadband access to rural areas and other hard-to-reach customers.

  • November 18, 2019

    1st Circ. Won't Rehear $3B Utilities Price-Fixing Row

    The First Circuit has said again that it won't revive a suit brought by consumers who accused two energy companies of driving up fuel costs by $3.6 billion in New England.

Expert Analysis

  • How To Increase Diversity In International Arbitration

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    Halliburton v. Chubb, a case involving alleged arbitrator bias pending before the U.K. Supreme Court, spotlights the need for more diverse international arbitration panels, and offers an opportunity for the arbitration community to discuss global solutions, says Liliana Veru-Torres of Clyde & Co.

  • Removing Reopeners May Speed Up Superfund Settlements

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    Reopener provisions in natural resource damages settlements under the federal Superfund law are meant to protect the public from post-settlement discoveries, but by undermining the corporate desire for finality in managing liabilities, they make settlements harder to reach, say Amanda Halter and Ashleigh Acevedo of Pillsbury.

  • The Force (Majeure) May Be With ND Oil And Gas Lessees

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    The North Dakota Supreme Court's recent ruling in Pennington v. Continental Resources, applying force majeure to both primary and secondary oil and gas lease terms, is good news for lessees, as courts in other states have disagreed on this issue in recent years, say attorneys at K&L Gates.

  • How To Hire Lateral Partners More Effectively

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    Although lateral partner hiring is the preferred method of inorganic growth among law firms, the traditional approach to vetting does not employ sufficient due diligence by the hiring firm, says Michael Ellenhorn at executive search firm Decipher Competitive Intelligence.

  • High Court's Pass On 1 SEC Case Offers Insight Into Another

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    The U.S. Supreme Court effectively recognized the U.S. Securities and Exchange Commission's extraterritorial reach in denying certiorari in Scoville v. SEC. The move may foreshadow the high court's eventual ruling in Liu v. SEC, which will determine the regulator's authority to seek disgorgement, say Adam Schwartz and Russell Koonin at Homer Bonner.

  • State Net

    Wildfire Responses Resonate Beyond California

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    Firefighting practices are often shared between states, so what California does, or doesn't do, to prevent and combat wildfires has impacts beyond its borders. One lesson learned this year is that power shutoffs to prevent fires cause more problems than they solve, says Lou Cannon of State Net Capitol Journal.

  • Justices' Maui Ruling Could Change Groundwater Permitting

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    Oral arguments at the U.S. Supreme Court in County of Maui v. Hawaii Wildlife Fund raise the possibility that the national permitting system for discharging wastewater into the ground will need to be retrofitted, says Marcia Greenblatt of Integral Consulting.

  • FERC Orders Advance Grid Operators' Energy Storage Plans

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    The Federal Energy Regulatory Commission recently approved two regional transmission organizations' energy storage proposals. But full integration of storage resources into the wholesale market will be complex — and ongoing litigation could force FERC to change its approach, say attorneys at Greenberg Traurig.

  • Texas Could Take Page From Mass.'s Judicial Selection Book

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    As Texas and other states review their judicial election processes, they would be well served by taking guidance from Massachusetts' Governor’s Council system, which protects the judiciary from the hazards of campaigning, says Richard Baker of New England Intellectual Property.

  • Federal Laws Continue To Hinder State Sports Betting Trend

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    Even as Colorado last week joined a growing wave of states legalizing sports betting, federal laws designed to assist states in gambling enforcement remain a roadblock to commonsense legislation and state cooperation in this area, says Dennis Ehling of Blank Rome.

  • Series

    Judging A Book: McKeown Reviews 'Conversations With RBG'

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    Reading Jeffrey Rosen’s "Conversations With RBG: Ruth Bader Ginsburg on Life, Love, Liberty, and Law" is like eavesdropping on the author and his subject while they discuss how the restrained judicial minimalist became the fiery leader of the opposition, says Ninth Circuit Judge M. Margaret McKeown.

  • Justices Seek Balance In Clean Water Act Case Arguments

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    In last week’s U.S. Supreme Court oral arguments in County of Maui v. Hawaii Wildlife Fund, justices searched for a standard for controlling indirect discharges to navigable waters that could prevent evasion of water quality protections without significantly expanding federal permitting requirements, say Ashley Peck and Alison Hunter of Holland & Hart.

  • Pipeline Projects Face New Questions On Landowner Rights

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    The tension between the rights of landowners and pipeline developers has come to a head in two federal appellate courts and a Federal Energy Regulatory Commission announcement, muddling the historical clarity of Natural Gas Act eminent domain authority, say attorneys at K&L Gates.

  • High Court's Disgorgement Ruling Could Curb SEC Authority

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    The U.S. Supreme Court recently agreed to review Liu v. U.S. Securities and Exchange Commission, which challenges the SEC's ability to obtain disgorgement from federal courts, and has the potential to significantly restrict the regulator's enforcement power, say attorneys at Cleary.

  • What CBP's Jones Act Changes Mean For Offshore Industries

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    U.S. Customs and Border Protection's recently proposed changes to its interpretations of the Jones Act — especially concerning the definition of "vessel equipment" — will have significant impacts on the offshore oil, gas and wind industries, says Charlie Papavizas of Winston & Strawn.