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Project Finance

  • September 18, 2018

    Preemption Lines Blurred In 9th Circ. Hazmat Fee Ruling

    The Ninth Circuit’s recent decision knocking down California's new fee on rail cars transporting hazardous materials but leaving the door open to such a levy if it were "fair" raises new questions on the breadth of federal preemption concerning railroad rates and services, experts say.

  • September 18, 2018

    Interior Finalizes Move On Pulling Back Methane Flaring Rule

    The U.S. Department of the Interior finalized Tuesday a plan to eliminate most of an Obama-era rule aimed at reducing the amount of methane that oil and gas companies release on federal and Native American lands, saying the regulations went far beyond the agency’s authority.

  • September 18, 2018

    Creditors Can't Put Stop To Puerto Rico GDB Restructuring

    A Puerto Rico federal judge denied on Tuesday a motion by unsecured creditors in its government’s bankruptcy proceedings to enforce a stay and prevent a proposed Government Development Bank restructuring, finding that neither the automatic stay nor the court’s stay order applies to moves made by the debtor.

  • September 18, 2018

    7 Firms Shepherd $7.1B Worth Of Deals For Enbridge

    Canadian multinational energy transportation giant Enbridge Inc. unveiled Tuesday multiple multibillion-dollar deals that total roughly $7.1 billion and are meant to simplify the company’s corporate structure, in transactions guided by McCarthy Tétrault LLP, Sullivan & Cromwell LLP, Vinson & Elkins LLP, Bracewell LLP, Morris Nichols Arsht & Tunnell LLP, Norton Rose Fulbright Canada and Gibson Dunn & Crutcher LLP.

  • September 18, 2018

    Investor Sues Energy Transfer Over Proposed $27B Merger

    An investor in Energy Transfer Partners LP filed a proposed class action in Texas federal court on Monday that aims to block a unitholder vote on the potential $27 billion acquisition of the gas and propane company by a subsidiary of its sister partnership.

  • September 18, 2018

    Former US Secretaries Back IFC Immunity In High Court Case

    Weighing in on a case brought by a group of Indian nationals over alleged environmental damage from a power plant project, a group of former U.S. secretaries of state and of the Treasury, including John Kerry, has urged the U.S. Supreme Court to continue allowing the International Finance Corp. to be immune from suits, arguing that multilateral development banks are fundamentally different from sovereign states.

  • September 17, 2018

    EPA Poised To Replace Clean Power Plan, DC Circ. Hears

    The U.S. Environmental Protection Agency on Friday urged the D.C. Circuit to reject a bid by Clean Power Plan supporters to decide the merits of the rule, saying its proposed replacement should be finalized by the first part of 2019.

  • September 17, 2018

    Counties Say $1.15B Fla. Rail Line Rife With Deadly Risks

    A pair of Florida counties on Friday urged a D.C. federal judge to scrap a $1.15 billion tax-exempt bond funding the construction of a private passenger rail line, saying federal agencies failed to account for significant public safety and environmental concerns.

  • September 17, 2018

    EPA Erred In Nixing Hardrock Mining Rule, Enviros Say

    Green groups on Friday asked the D.C. Circuit to invalidate the Trump administration's decision to kill an Obama-era rule that would have required hardrock mining facilities to prove they can pay for cleanup efforts, saying the agency improperly ignored the industry's effects on health and the environment.

  • September 17, 2018

    NY, NJ Agencies Aim To Dump Suit Over Excessive Toll Fees

    New York and New Jersey transportation agencies asked a federal judge Friday to dump a proposed class action alleging they're slapping motorists with improper fees and excessive penalties from cashless tolls, such as E-ZPass, saying the agencies are well within their authority to go after toll violators.

  • September 17, 2018

    Anadarko, Insurer Clash On Terms In $100M Deepwater Row

    Anadarko Petroleum Corp. told the Texas Supreme Court Monday that an excess insurer at Lloyd’s of London has effectively rewritten policy terms to avoid paying more than $100 million in Deepwater Horizon litigation defense costs, while the insurer says Anadarko is seeking a drastic expansion of coverage.

  • September 17, 2018

    FERC Pipeline Tax Policy Change Challenged At DC Circ.

    A pair of pipeline companies urged the D.C. Circuit on Friday to review a Federal Energy Regulatory Commission policy removing a tax perk for pipeline master limited partnerships, a companion to a rule directing gas pipeline operators to disclose the effect of recently enacted corporate tax cuts on their rates.

  • September 17, 2018

    4th Circ. Won't Stop $3.5B Pipeline Work Amid Permit Redo

    The Fourth Circuit on Monday denied a bid by a group of environmental activists to halt construction of the $3.5 billion Mountain Valley gas pipeline while the U.S. Forest Service and the Bureau of Land Management revise approvals thrown out by the appeals court.

  • September 17, 2018

    Exelon Says 7th Circ. Ruling Dooms NY Nuke Subsidy Fight

    The Seventh Circuit's recent ruling that subsidies offered by Illinois to prop up struggling nuclear power plants are lawful backs the argument that New York's similar nuclear subsidy program passes legal muster, a lawyer for Exelon Corp. told the Second Circuit on Friday.

  • September 17, 2018

    Warburg Pincus Offers $500M To Texas Oil And Gas Co.

    Midland, Texas-based oil and gas exploration and production company Tall City Exploration III LLC said on Monday that it has received a line of equity financing of up to $500 million from funds affiliated with private equity firm Warburg Pincus LLC.

  • September 14, 2018

    Supreme Court Cases Enviro Lawyers Should Watch This Fall

    The U.S. Supreme Court will consider in its latest term a diverse group of environmental law cases that address questions about whether the Clean Water Act permits the regulation of groundwater and how much power Congress intended to give the executive branch in a law that allows federal agencies to bypass environmental statutes in the name of border protection. Here, Law360 previews some of the biggest environmental law cases to watch in the new term.

  • September 14, 2018

    Trump Admin. Asks CIT To Nix Challenge To Steel Tariffs

    The federal government on Friday brushed aside notions that the Cold War-era national security law the Trump administration used to levy steel tariffs is unconstitutional, telling the U.S. Court of International Trade that Congress has left foreign affairs to the president and as commander-in-chief his authority under the law is "at a maximum." 

  • September 14, 2018

    Tribe Says Enbridge Pipeline Plan Would Skirt Enviro Review

    The Bay Mills Indian Community urged the federal government on Thursday to cancel a proposal to allow Enbridge Energy LP to perform construction work on an oil pipeline in the Great Lakes, saying the government's approval of the plan would help the company avoid a required environmental review.

  • September 14, 2018

    Balkan Energy Tells DC Circ. Ghana Can't Escape $13M Award

    British energy firm Balkan Energy and its Ghanaian subsidiary urged the D.C. Circuit on Friday to affirm the confirmation of a nearly $13.7 million arbitral award it won from Ghana following a dispute over a soured power purchase agreement, saying an argument that the dispute belongs in Ghana has no merit.

  • September 14, 2018

    9 BigLaw Firms Pledge $15M For Pro Bono Enviro Efforts

    Nine BigLaw firms will provide a combined $15 million in pro bono legal services to advance efforts to fight global climate change and bolster sustainability, California officials said Friday, the final day of a global climate summit in San Francisco.

Expert Analysis

  • Calif.'s New Rules For Lawyers Move Closer To ABA Model

    Mark Loeterman

    The first comprehensive overhaul of California's Rules of Professional Conduct in nearly 30 years becomes operational on Nov. 1. Some of the new rules mirror the model language used by the American Bar Association, but many continue to reflect California’s unique approach to certain ethical questions, says Mark Loeterman of Signature Resolution LLC.

  • Know The Limits To Atty Public Statements During A Trial

    Matthew Giardina

    The balancing act between protecting attorneys’ speech rights and ensuring unbiased adjudications was highlighted recently in two cases — when Michael Cohen applied for a restraining order against Stephanie Clifford's attorney, and when Johnson & Johnson questioned whether a Missouri talc verdict was tainted by public statements from the plaintiffs' counsel, says Matthew Giardina of Manning Gross & Massenburg LLP.

  • In Calif., Questions Remain On Law Firm Conflict Waivers

    Richard Rosensweig

    In Sheppard Mullin v. J-M Manufacturing Co., the California Supreme Court ruled last month that a law firm's failure to disclose a known conflict with another current client did not categorically disentitle the firm from recovering fees. But the court didn’t provide hoped-for guidance on how to write an enforceable advance conflict waiver, says Richard Rosensweig of Goulston & Storrs PC.

  • Q&A

    A Chat With Faegre Client Development Chief Melanie Green

    Melanie Green

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Melanie Green, chief client development officer at Faegre Baker Daniels LLP.

  • Kavanaugh's Chevron Skepticism May Impact Enviro Regs

    Andrea Driggs

    Confirmation of Judge Brett Kavanaugh to the U.S. Supreme Court may accelerate its narrowing of the discretion given to administrative agencies to regulate via rulemaking. An indication of how a Justice Kavanaugh might deal with Chevron deference is found in his dissent in Northeast Hospital Corp. v. Sebelius, say Andrea Driggs and Christopher Thomas of Perkins Coie LLP.

  • 10 Questions For Upcoming Opportunity Zone Guidance

    Marc Schultz

    Last year's tax overhaul created an incentive program to encourage the investment of private capital in certain "opportunity zones" throughout the United States. The IRS is expected to issue guidance for interpreting many of the opportunity zone provisions in short order. However, the success of this program could depend upon the IRS' answers to these 10 questions, says Marc Schultz of Snell & Wilmer LLP.

  • EPA's Clean Energy Proposal: 6 Key Points

    Joel Beauvais

    The U.S. Environmental Protection Agency's proposed Affordable Clean Energy rule, released last month, provides states with significant leeway on regulating electric power generation. This would likely mean substantial variations between states and even individual generating units, say Joel Beauvais and Stacey VanBelleghem of Latham & Watkins LLP.

  • Q&A

    Back To School: Widener's Rod Smolla Talks Free Speech

    Rodney Smolla

    In this new series featuring law school luminaries, Widener University Delaware Law School dean Rodney Smolla discusses teaching philosophies, his interest in First Amendment law, and arguing before the U.S. Supreme Court in Virginia v. Black.

  • New Pass-Through Deduction Will Pass Over Many Lawyers

    Evan Morgan

    A few weeks ago, the IRS proposed regulations related to the Tax Cuts and Jobs Act's 20 percent deduction on qualified business income for pass-through entities. The guidance offers long-awaited clarity, but is mostly bad news for many law firms, says Evan Morgan of Kaufman Rossin PA.

  • How Reckless Judicial Impeachments Threaten Rule Of Law

    Jan van Zyl Smit

    Judicial impeachment fever seems to be spreading through the states, with West Virginia legislators recently voting to remove their state's entire Supreme Court, and lawmakers in Pennsylvania and North Carolina threatening the same. These actions are a serious threat to judicial independence, says Jan van Zyl Smit of the Bingham Centre for the Rule of Law.