Project Finance

  • September 23, 2019

    Drilling Co. Urges Court Not To Block Mancos Shale Fracking

    An oil and gas drilling company urged a New Mexico federal court on Friday to reject environmental groups' bid to block fracking for oil and gas wells in the Mancos Shale, saying that the company’s technology prevents environmental harm and that an injunction would cost the company and Navajo landowners millions of dollars.

  • September 23, 2019

    9th Circ. Backs BIA Green Light Of Wind Farm Construction

    The Ninth Circuit on Monday upheld the Bureau of Indian Affairs' approval of the second phase of a California wind farm, saying the agency properly considered the project's potential to harm eagles before greenlighting a lease between the project developer and a California tribe.

  • September 23, 2019

    Enviros Say Colo. Mine Expansion Suit Not Barred

    Environmental groups challenging the planned expansion of Arch Coal's mine in western Colorado have told a federal court that, contrary to arguments put forward by the federal government, their bid to block the project is not precluded by prior litigation.

  • September 23, 2019

    $1.2B Award Against Mining Co. Must Be Enforced

    An Israeli billionaire’s mining company has failed to convince an English judge to nix an order enforcing a nearly $1.25 billion arbitral award issued to its former joint venture partner following a dispute over a stymied Guinean mining project.

  • September 23, 2019

    9th Circ. Asks Del. Justices To Clarify State Disclosure Law

    The Ninth Circuit has asked the Delaware Supreme Court to decide whether a limited-partner agreement under Delaware law required a financial-services newsletter author to disclose to an investor that the author's hedge fund had only two investors, saying it's an unresolved "purely state-law issue" that implicates important Delaware policy considerations.

  • September 23, 2019

    Pause $112M Arbitral Award For Justices' Input, Ukraine Says

    A D.C. Circuit ruling allowing litigation over a $112 million arbitral award essentially rewrote the Foreign Sovereign Immunities Act, the government of Ukraine said, asking the panel to pause the case while it seeks U.S. Supreme Court review.

  • September 23, 2019

    TechnipFMC Settles SEC's Bribery Claims For $5M

    French oil and gas company TechnipFMC PLC agreed to pay more than $5 million to the U.S. Securities and Exchange Commission to settle claims the business bribed Iraqi government officials, according to an administrative proceeding filed by the regulator Monday.

  • September 23, 2019

    Maui County Votes To Settle High Court Clean Water Act Case

    The Maui County Council has voted to settle an important Clean Water Act case scheduled for oral arguments in November before the U.S. Supreme Court, potentially yanking from the docket a highly anticipated fight over whether the law covers pollution that travels through groundwater.

  • September 23, 2019

    Don't End Fight Over FERC Pipeline Approval, DC Circ. Told

    There's no reason why the Fourth Circuit's invalidation of a U.S. Forest Service authorization for the $7 billion Atlantic Coast gas pipeline should scuttle challenges to the Federal Energy Regulatory Commission's approval of the controversial project, the D.C. Circuit has heard.

  • September 23, 2019

    Attys Seek $15M In Fees From $74M SunEdison Settlement

    The lead counsel in a class action claiming SunEdison Inc. misled shareholders about its financial health before filing for bankruptcy is asking a New York federal court to approve more than $15 million in attorney fees for its work in reaching a $74 million settlement with the company.

  • September 20, 2019

    FERC Says Its Authority Preempts New Hampshire Power Law

    The Federal Energy Regulatory Commission has said a recently enacted New Hampshire law forcing utilities to purchase power from waste and biomass generators at a set rate infringes on its exclusive authority over wholesale electricity sales.

  • September 20, 2019

    FERC's Lone Dem Warns Of Climate Whitewashing On Orders

    The lone Democrat serving on the Federal Energy Regulatory Commission has suggested the agency is writing climate change out of its gas infrastructure project decisions, with the commission split along party lines in approving a Colorado gas pipeline and Florida liquefied natural gas project.

  • September 20, 2019

    EPA May Have Picked A Clean Air Fight With Calif. It Can't Win

    The Trump administration is on shaky legal ground and faces a difficult road ahead against a 23-state challenge to its bid to establish primacy over California in regulating greenhouse gas emissions from cars and other vehicles, experts say.

  • September 20, 2019

    FHWA Looks To Nix Tribe's Suit Over RI Bridge Project

    The Federal Highway Administration pressed a Rhode Island federal court Friday to toss the Narragansett Indian Tribe's $30 million suit over a highway construction project, saying the agency hasn't made a final decision about the cultural impacts of the plan that can be challenged in court.

  • September 20, 2019

    Ohio Gov. Too Central To Permit Delays To Exit Suit: Telecom

    A telecom has urged an Ohio federal judge to keep the state's governor and lieutenant governor as defendants in a lawsuit over delayed broadband permits on Ohio public lands, arguing they are directly responsible for a drawn-out approval process.

  • September 20, 2019

    What Attorneys Must Know About The Draft CFIUS Rules

    The draft rules for the overhaul of the Committee on Foreign Investment in the United States are finally out, providing more detail about the changes coming to the process for reviewing inbound transactions for potential national security concerns. Here, Law360 outlines the key clarifications provided by the proposed regulations.

  • September 20, 2019

    Pillsbury Adds Former Clyde & Co. Int'l Arbitration Pro

    Pillsbury Winthrop Shaw Pittman LLP has gained a former Clyde & Co international arbitration partner who specializes in representing and advising clients in relation to complex cross-border disputes across a variety of industries, with a primary focus on Asia.

  • September 20, 2019

    Rising Star: Orrick's Rohit Sachdev

    Rohit Sachdev of Orrick Herrington & Sutcliffe LLP led a team that helped secure a major development of battery-based energy storage projects in the United Kingdom for a U.K.-based energy provider, earning him a spot among the project finance law practitioners under age 40 honored by Law360 as Rising Stars.

  • September 20, 2019

    Contractor Says Equistar Owes $30M For Texas Plant Project

    Performance Contractors Inc. has hit a Lyondell Chemical Co. subsidiary with a suit in Texas state court, claiming the subsidiary stiffed the Louisiana construction company out of more than $30 million for work it did building a polyethylene plant at a Texas manufacturing complex. 

  • September 20, 2019

    PR Oversight Board Defends Appointments At High Court

    Puerto Rico’s federally appointed oversight board is urging the U.S. Supreme Court to overturn the First Circuit’s decision that its members require Senate approval, saying their appointment and authority fall within constitutional bounds.

  • September 20, 2019

    States Launch Challenge To Trump Auto Emissions Policy

    California and 22 other states sued the Trump administration in D.C. federal court Friday over its elimination of the Golden State's right to create its own greenhouse gas emission standards for cars and other vehicles, the opening salvo in what will be a long and bitter legal fight.

  • September 19, 2019

    PG&E Bondholders, Wildfire Victims Propose $24B Reorg Plan

    PG&E Corp.’s bondholders have joined forces with wildfire victims to propose their own plan for California's largest utility to exit bankruptcy, one that puts more money — about $24 billion — toward wildfire claims, according to a motion filed Thursday in California bankruptcy court.

  • September 19, 2019

    Transformative Cruise Projects Approved For Miami's Port

    Miami's claim to the title of “Cruise Capital of the World” looks secure for the foreseeable future as county leaders signed off Thursday on a package of agreements that will add new and revamped terminals and billions of dollars in guaranteed revenue to its port in the coming decades.

  • September 19, 2019

    US Withdraws $160M In Afghan Aid Over Corruption Claims

    The U.S. Department of State said in a scathing statement Thursday that it will pull back $160 million in procurement and energy infrastructure assistance intended for Afghanistan’s government, citing corruption, financial mismanagement and a lack of transparency in spending decisions.

  • September 19, 2019

    Del. Justices Nix Energy Co.'s $28M Interest Award Appeal

    A wind and solar company that saw its claimed $1 contract debt balloon to $126 million as the result of a wronged investor's appeal lost a bid Thursday to invalidate most of a nearly $28 million interest charge on the total.

Expert Analysis

  • Series

    Pursuing Wellness: Steps Toward A Supportive Firm Culture

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    As an early advocate of the American Bar Association's year-old well-being pledge, we launched an integrated program to create and sustain a supportive workplace culture with initiatives focused on raising mental health awareness, embracing creativity and giving back to the community, says Casey Ryan at Reed Smith.

  • Tools For Energy And Infrastructure Minority Partners: Part 1

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    While majority parties in energy and infrastructure joint ventures have controlling rights over important business decisions, minority parties have some creative options for exerting influence beyond their ownership level, says Parker Lee of Hunton.

  • CFIUS Risk Review Rules May Draw Attention To US Biotech

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    The Committee on Foreign Investment in the United States' critical technologies pilot program has had relatively minor impact on the U.S. biotech industry in the last year, but proposed rules unleashed by the Foreign Investment Risk Review Modernization Act will soon reshape the relationship between the government and the biotech industry, says Richard Matheny of Goodwin.

  • Series

    Pursuing Wellness: Mental Health Education As A Firm Priority

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    Our firm drives a holistic concept of well-being through educational opportunities, such as a series of expert-led workshops intended to address mental health and substance abuse issues that we vowed to fight when we signed the American Bar Association's well-being pledge one year ago, says Krista Logelin at Morgan Lewis.

  • 8 Takeaways From CFIUS' Proposed Risk Review Rules

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    The Committee on Foreign Investment in the United States’ draft regulations implementing the Foreign Investment Risk Review Modernization Act seem to focus on specific national security concerns, as opposed to taking a broader approach, which means they are significantly more complex than the pre-FIRRMA regime, say Christian Davis and Thor Petersen of Akin Gump.

  • New Visa Means 1 Less Problem For Offshore Wind Projects

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    The U.S. State Department has updated the Foreign Affairs Manual to include a visa category for offshore wind projects, removing a regulatory hurdle that was causing significant logistical problems for the industry, say Jonathan Waldron and Stefanos Roulakis at Blank Rome.

  • Series

    Pursuing Wellness: A Firm's Work With Mental Health Experts

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    Signing the American Bar Association's well-being pledge last year was a natural progression of our firm's commitment to employee wellness, which has included developing partnerships with professionals in the mental health space to provide customized programming to firm attorneys and staff, say Annette Sciallo and Mark Goldberg at Latham.

  • Another Round In The Battle Over The Clean Water Act

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    The Obama-era Clean Water Rule used the full extent of federal power to protect the country's water under the Clean Water Act. Last week, that rule was repealed, giving more authority to states. At issue are questions of federalism and science, and a confusing U.S. Supreme Court case, says Allyn Stern of Beveridge & Diamond.

  • Series

    Pursuing Wellness: When A Firm Brings Counseling On Site

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    One year ago, our firm signed the American Bar Association's well-being pledge and embraced a commitment to providing on-site behavioral health resources, which has since become a key aspect of our well-being program, say Meg Meserole and Kimberly Merkel at Akin Gump.

  • Laying The Groundwork For Next-Generation Nuclear Energy

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    Nuclear energy enjoys bipartisan support, as evidenced by a range of recent and pending federal legislation that could help revive the U.S. nuclear industry, say attorneys with Morgan Lewis.

  • Series

    Pursuing Wellness: Inside A Firm Meditation Program

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    After our firm signed the American Bar Association’s well-being pledge one year ago, we launched two key programs that included weekly meditation sessions and monthly on-site chair massages to help people address both the mental and physical aspects of working at a law firm, says Marci Eisenstein at Schiff Hardin.

  • Early Sampling Of Electronic Info Is Underutilized In Discovery

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    The early and prompt provision of samples from all electronically stored information sources as a part of ESI protocol search methodology is consistent with the Federal Rules of Civil Procedure and may allow for significant cost savings during discovery, says Zachary Caplan at Berger Montague.

  • Opinion

    PG&E Bankruptcy Will Test Shareholder Capitalism

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    If the Pacific Gas and Electric bankruptcy allows for the underestimation of tort creditors' claims to leave value for existing shareholders, it will represent an enormous failure that would call into question the fairness of our shareholder capitalism system, says researcher J.B. Heaton.

  • Opinion

    Utilities Need Timely Project Review For Reliable Service

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    National Parks Conservation Association v. Semonite, in which a Virginia utility faces possibly having to dismantle a previously approved transmission line due to drawn-out litigation, points to the need for time limits on court review of infrastructure projects, say Alan Seltzer and John Povilaitis of Buchanan Ingersoll.

  • The Factors Courts Consider In Deposition Location Disputes

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    In the absence of a federal rule governing deposition location, federal courts are frequently called on to resolve objections to out-of-state deposition notices. Recent decisions reveal what information is crucial to courts in making the determination, says Kevin O’Brien at Porter Wright.