Project Finance

  • February 21, 2020

    PennEast Urges High Court To Undo 3rd Circ. Pipeline Ruling

    Developers of the $1 billion PennEast pipeline have asked the U.S. Supreme Court to review the Third Circuit’s ruling that PennEast can’t seize New Jersey-owned land for the project, slamming the decision as “exceptionally wrong” and pointing to a recent declaratory order from the Federal Energy Regulatory Commission supporting PennEast’s position.

  • February 21, 2020

    Trump Can’t Reverse Ocean Drilling Ban, Profs Tell 9th Circ.

    The Trump administration can’t undo former President Barack Obama's block on oil and gas drilling in large areas of the Arctic and Atlantic oceans because Congress didn’t explicitly provide the president with the power to revoke these protections, environmental law professors have told the Ninth Circuit.

  • February 21, 2020

    Enviros Ask NC To Nix $7B Pipeline Before High Court Review

    Scores of environmental and justice groups have urged North Carolina Gov. Roy Cooper to stop the $7 billion Atlantic Coast Pipeline, saying just days before the U.S. Supreme Court hears a related case that the project threatens low-income groups as well as the climate.

  • February 21, 2020

    NY Gov.'s Bill Aims To Jumpstart Green Energy Project Siting

    New York Gov. Andrew Cuomo on Friday unveiled sweeping legislation aimed at accelerating the siting and development of renewable energy projects in order to meet the Empire State's ambitious climate change and decarbonization goals.

  • February 21, 2020

    Senate Dems Protest Trump's Drilling 'Giveaway' For Alaska

    Seven Democratic senators have lodged a protest over the Trump administration's approach to oil and gas drilling in the Alaskan Arctic's National Petroleum Reserve, denouncing "a large-scale giveaway of America's public lands" that discards a 2013 compromise.

  • February 21, 2020

    DC Circ. Nixes Racketeering Suit In $506M Award Fight

    Kazakhstan was unable Friday to convince the D.C. Circuit to revive its lawsuit accusing a pair of Moldovan energy investors of violating U.S. racketeering law by fraudulently obtaining and trying to enforce a half-billion-dollar award against the country.

  • February 21, 2020

    Mongolia Hit With Arbitration Over Copper Mine Taxes

    Mongolia has been hit with international arbitration over a $155 million tax bill imposed on a company developing a mine that holds one of the world's largest undeveloped copper reserves, international mining group Rio Tinto said Friday.

  • February 21, 2020

    Navajo Nation, NM County To Develop Railroad Project

    The Navajo Nation has signed a deal with a New Mexico county to collaborate on plans for a railroad, as the tribe looks to create new business opportunities to counter the loss of power plants around its lands, according to a Navajo statement.

  • February 21, 2020

    Calif. Says FAA's Enviro Review Of Air Cargo Facility Flawed

    California has challenged the Federal Aviation Administration's finding that a recently approved air cargo facility at the San Bernardino airport would not have a significant environmental impact, telling the Ninth Circuit the government looked past air quality concerns.

  • February 21, 2020

    Texas Communities Challenge FERC Approval Of LNG Project

    Community and environmental groups are challenging the Federal Energy Regulatory Commission's approval of a liquefied natural gas project on the Texas Gulf Coast, claiming the agency ignored the project's pollution impacts on nearby and largely low-income Latino communities.

  • February 21, 2020

    Industry, Enviro Groups Blast EPA's 2019 Biofuel Mandates

    Biofuel, fossil fuel and environmental groups have attacked the U.S. Environmental Protection Agency's defense of its 2019 renewable fuel standard from different angles, telling the D.C. Circuit on Thursday it will harm industry and wildlife.

  • February 20, 2020

    ​​​​​​​Morgan Lewis, SoCalGas Sanctioned $525K In Gas Leak Case

    A California judge overseeing thousands of suits over the 2015 Aliso Canyon gas leak on Thursday ordered Morgan Lewis & Bockius LLP, Sempra Energy and Southern California Gas to pay $525,000 in sanctions, finding that the law firm and its clients violated court orders and repeatedly withheld discovery information.

  • February 20, 2020

    FERC Sows Confusion With Oregon LNG Project Non-Vote

    The Federal Energy Regulatory Commission on Thursday opted not to vote on a $10 billion liquefied natural gas project in Oregon, but did so in a disjointed fashion that raised more questions than it answered.

  • February 20, 2020

    Nigeria Says $1B Award Over Oilfield Can't Be Enforced In NY

    Nigeria's state-owned oil company is calling for the dismissal of litigation to enforce a nixed $1.1 billion arbitral award stemming from an offshore oilfield dispute, arguing the suit improperly invites a New York federal court to sit as a "de facto" appeals court for Nigeria's judiciary.

  • February 20, 2020

    Coal Co., BNSF Want 9th Circ. To Restart Coal Export Case

    BNSF Railway Co. and Lighthouse Resources Inc. on Wednesday asked the Ninth Circuit to restart their constitutional challenge to Washington state's decision to deny a water quality certificate for a proposed coal export facility.

  • February 20, 2020

    Trump Says Enviros Can't Bring Suit Over Monument Cuts

    President Donald Trump and the federal government have hit tribal and environmental groups with a cross motion for summary judgment in suits claiming that Trump didn't have the constitutional authority to downsize two Utah national monuments.

  • February 20, 2020

    Barrack, Bernstein Will Lead Energy Transfer Stock-Drop Suit

    A Pennsylvania federal court has tapped Barrack Rodos & Bacine and Bernstein Litowitz Berger & Grossmann LLP to be lead counsel in a proposed class action against a pipeline company whose stock dropped on news of a federal bribery investigation.

  • February 20, 2020

    Chinese Man Seeks Exit From SEC's EB-5 Visa Fraud Suit

    A Chinese national accused by the U.S. Securities and Exchange Commission of helping an immigration attorney and her husband defraud foreign investors out of millions of dollars is urging a California federal judge to excuse him from the suit for lack of personal jurisdiction.

  • February 19, 2020

    SD House Votes In Favor Of Revised 'Riot Boosting' Bill

    South Dakota’s House of Representatives has passed a bill that revises and expands the state’s riot laws, voting to levy criminal and civi penalties against Keystone XL pipeline activists who incite protestors to riot after a federal judge largely struck down a similar law last year.

  • February 19, 2020

    Md. Judge Offers To Sit Out Light-Rail Transit Case

    A Maryland federal judge set to hear a dispute over a U.S. Army Corps of Engineers permit for the "Purple Line" light-rail transit project suggested he might need to recuse himself because he lives near a proposed stop.

  • February 19, 2020

    Sherin And Lodgen Adds Partner To RE, Corporate Team

    Sherin and Lodgen LLP has added finance and lending attorney Jack Anetakis as a partner to its real estate, corporate and renewable energy practices, the firm said.

  • February 19, 2020

    DC Circ. Dubious About EPA's Science Adviser Policy

    A D.C. Circuit panel appeared divided Wednesday over whether the U.S. Environmental Protection Agency is erroneously barring members of its scientific advisory committees from receiving agency grants while serving in the role, with two judges suggesting the policy conflicts with federal ethics regulations.

  • February 19, 2020

    Hess, Schlumberger Urged To Settle After $218M Valve Trial

    A federal judge in Houston encouraged the two sides of a $218 million suit, in which Hess accuses Schlumberger of selling faulty safety valves used in deepwater wells in the Gulf of Mexico, to consider settling after they closed out arguments Wednesday.

  • February 19, 2020

    Morgan Lewis, Squire Patton Rep NextEra In $2.5B Equity Sale

    Represented by Morgan Lewis and Squire Patton Boggs, clean energy company NextEra Energy said Wednesday it is raising about $2.5 billion by selling stakes in itself in order to continue investing in renewable energy projects, among other things.

  • February 19, 2020

    States Sue Again To Force EPA's Hand On Ozone Pollution

    Five East Coast states want the EPA to start holding states accountable for letting ozone emissions blow across borders and hurt air quality in neighboring jurisdictions, according to a lawsuit filed Wednesday in New York federal court.

Expert Analysis

  • Climate Ruling May Help Future Plaintiffs Establish Causation

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    The Ninth Circuit's recent decision in Juliana v. United States blocked private litigants from using the courts to force climate change action by the federal government, but it may have laid a trail of breadcrumbs for future climate plaintiffs to establish injury in fact and causation, say attorneys at WilmerHale.

  • Rebuttal

    AI Can't Accurately Predict Case Length And Cost — Yet

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    A recent Law360 guest article argued that artificial intelligence can precisely estimate the length and cost of a new case, but several limitations will likely delay truly accurate predictions for years to come, says Andrew Russell at Shaw Keller.

  • How Enviros Will Challenge Trump's NEPA Update

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    The Trump administration's recently proposed updates to National Environmental Policy Act regulations — which forgo analysis of climate change impacts — are certain to draw litigation attacking the changes as arbitrary, capricious and an abuse of regulatory discretion, say Marcella Burke and Cason Hewgley of King & Spalding.

  • A Good Year Ahead For Energy Infrastructure M&A

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    Recent policy developments and investment trends in China, Europe and the United States offer a number of compelling reasons to expect that energy infrastructure M&A deals will be strong in 2020, say attorneys at Hogan Lovells.

  • Lawyers Can Build Trust Through The Spoken Word

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    As attorneys, we may prefer the precision of written communication, but a phone call or an in-person conversation builds trust by letting others see and hear our authentic selves, rather than something constructed or scripted, says mediator Sidney Kanazawa of ARC.

  • Calif.'s Top Anti-SLAPP Appellate Rulings From Last Year

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    California’s anti-SLAPP statute remains one of the strongest laws protecting free speech in the nation — and last year, it was the focus of 42 published opinions and nearly 200 unpublished opinions from the state's appellate courts, says Thomas Burke of Davis Wright.

  • Bat Species Status Ruling Leaves Cos. Hanging

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    A D.C. federal court's recent overturning of the U.S. Fish and Wildlife Service's decision to list the northern long-eared bat as threatened rather than endangered creates regulatory uncertainty for those developing, constructing or operating projects within the species' range, say Brooke Wahlberg and Rebecca Barho of Nossaman.

  • Opinion

    Legal Prediction Is Demanding But Not Impossible

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    The New Jersey Supreme Court’s recent decision in Balducci v. Cige incorrectly concluded that predicting the length and cost of a case is nearly impossible, and overlooked artificial intelligence's ability to do so, says Joseph Avery with Claudius Legal Intelligence.

  • The Deal Maker's Guide To The New CFIUS Framework

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    Now that new national security regulations governing cross-border investment and acquisitions are in effect, attorneys at MoFo identify the key questions deal makers should be asking to assess whether they must, or should, notify the Committee on Foreign Investment in the United States of a transaction.

  • Ruling On FERC’s Tolling Orders Could Slow Pipelines

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    If the D.C. Circuit reins in the Federal Energy Regulatory Commission’s use of tolling orders — which delay court challenges to FERC directives — landowners might be gratified, but interstate pipeline construction projects could face added delays, says Richard Drom of Eckert Seamans.

  • FERC Issues For Natural Gas Cos. To Watch In 2020

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    The Federal Energy Regulatory Commission's use of tolling orders, its position on eminent domain authority and its makeup after the presidential election could have a big impact on participants in interstate natural gas pipeline and liquefied natural gas projects this year, say attorneys at K&L Gates.

  • Malpractice Landscape Is Becoming Riskier For BigLaw

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    A recent survey of lawyers’ professional liability insurers revealed an increase in malpractice claims against law firms, suggesting clients will demand more accountability in the coming decade, say Gerald Klein and Amy Nguyen at Klein & Wilson.

  • Perspectives

    Book Review: A Lawyer Reflects On Defending Guilty People

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    In her new book, "Guilty People," Abbe Smith successfully conveys that seeing ourselves in people who commit crime may be the first step to exacting change in our justice system, says U.S. District Judge Diane Humetewa of the District of Arizona.

  • Pa. Fracking Decision Leaves Trespass Question Open

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    In Briggs v. Southwestern Energy Production Co., the Pennsylvania Supreme Court has affirmed that fracked oil and gas belongs to whomever extracts it from the ground — but left open the potential for trespass actions when there is proof of physical invasion of the adjoining property, say attorneys with Saul Ewing.

  • Carbon Credits May Be The Next Big Thing For Tax Equity

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    Although guidance still is needed on key aspects of Internal Revenue Code Section 45Q, which provides a federal tax credit for sequestration of greenhouse gases, there is keen interest in the tax equity marketplace, say attorneys at King & Spalding.

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