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Project Finance

  • January 15, 2019

    €128M Award Against Spain Can Be Enforced, Court Hears

    London-based asset manager Eiser Infrastructure Ltd. argued Monday that a D.C. federal court has no authority to independently determine whether Spain consented to arbitrate a dispute over renewable energy subsidies, and, as such, can enforce a €128 million ($146 million) arbitral award against the country.

  • January 15, 2019

    4th Circ. Backs Va. Water Permit For $5B Pipeline

    A Fourth Circuit panel has rejected a petition by a coalition of environmental groups that challenged Virginia’s decision to issue a Clean Water Act certification for the $5 billion Atlantic Coast gas pipeline, saying the state did not act arbitrarily and ignore the project’s risks.

  • January 15, 2019

    CWA Shift Pushes Calif., States Toward Stricter Water Regs

    California is close to finalizing new protections for its wetlands in response to the Trump administration's proposal to redefine which waters are subject to federal Clean Water Act jurisdiction, leading the way for like-minded states that could use their considerable authority to counteract a new definition they see as inadequate.

  • January 15, 2019

    Puerto Rico Fed Board Looks To Invalidate $6B In Bond Debt

    A federally-appointed board tasked with overseeing Puerto Rico’s monumental debt restructuring joined with the island’s unsecured creditors Monday to demand that $6 billion in general obligation bond debt be wiped out, arguing the bonds violated provisions in the Puerto Rican Constitution when they were issued a few years ago.

  • January 15, 2019

    Boston Harbor Blasting Project Stalled After Eversource Balks

    A planned blasting project by the U.S. Army Corps of Engineers in Boston Harbor was stalled Tuesday just a day before it was set to begin after Eversource Energy made a pitch to a federal judge that the blasting could impact a power cable it has to install on a court-ordered timeline.

  • January 15, 2019

    Construction Co., Family Want Out Of Wis. Shareholder Fight

    Shareholders and constituent companies of a road construction company on Monday looked to escape allegations that they are offering an unfair price to family members looking to sell their own shares, telling a Wisconsin federal judge that the lawsuit challenges the decisive findings of a state court action and long-settled company bylaws.

  • January 15, 2019

    McDermott Int'l Sued After Stock Drops 60% Post-Merger

    Houston-based engineering and construction company McDermott International Inc. has been hit with a proposed shareholder class action in Texas federal court alleging its failure to disclose the true cost of acquiring Chicago Bridge and Iron NV resulted in the company's stock price plummeting more than 60 percent.

  • January 14, 2019

    EPA Right To Nix Houston, Dallas Air Controls, Texas Says

    Green groups are too late to challenge the U.S. Environmental Protection Agency’s revocation of certain ozone limits and pollution control requirements for the Houston and Dallas metropolitan areas, the Texas attorney general and industry groups have told the Fifth Circuit.

  • January 14, 2019

    Don't Confirm EPA Head During Gov't Shutdown, Enviros Say

    Nine environmental and left-leaning groups on Friday urged Republican Senate leaders to halt the confirmation process to promote acting U.S. Environmental Protection Agency Administrator Andrew Wheeler to permanent status while the government is still shut down.

  • January 14, 2019

    New Fortress Energy Lauches $400M IPO Amid Shutdown

    New Fortress Energy LLC, a gas-to-power business affiliated with private equity firm Fortress Investment Group LLC, moved forward on an initial public offering Monday despite the government shutdown, setting a price range on an estimated $400 million IPO.

  • January 14, 2019

    NJ Takes PennEast Pipeline Land Grab Fight To 3rd Circ.

    New Jersey officials on Friday said they would appeal to the Third Circuit a New Jersey federal judge's ruling that developers of the $1 billion PennEast gas pipeline can immediately seize more than 100 Garden State properties, including state-owned land, along the project's route.

  • January 14, 2019

    Colo. High Court Rejects Climate-Based Drilling Restriction

    In a high-profile ruling Monday, the Colorado Supreme Court said the state agency that issues oil and gas permits could not enact a rule that would have barred permits for projects that would contribute to climate change or negatively impact public health.

  • January 14, 2019

    PG&E Says Calif. Wildfire Fallout Sending It To Ch. 11

    Pacific Gas and Electric Co. announced Monday it intends to file for Chapter 11 at the end of the month, saying it has to take the step to deal with more than $30 billion in potential liability from California's devastating 2017 and 2018 wildfires.

  • January 14, 2019

    6 Firms Guide Newmont Mining's $10B Goldcorp Takeover

    Newmont Mining said Monday it will buy fellow gold producer Goldcorp in an all-stock deal worth $10 billion, creating an industry heavyweight in a deal shaped by Wachtell Lipton Rosen & Katz, Goodmans LLP, White & Case LLP, Cassels Brock & Blackwell LLP, Neal Gerber & Eisenberg LLP and Osler Hoskin & Harcourt LLP.

  • January 11, 2019

    The Firms That Dominated In 2018

    Law360's top four Firms of the Year notched a combined 32 Practice Group of the Year awards after successfully securing wins in bet-the-company matters and closing high-profile, big-ticket deals for clients throughout 2018.

  • January 11, 2019

    Law360 Names Practice Groups Of The Year

    Law360 congratulates the winners of its 2018 Practice Group of the Year awards, which honor the law firms behind the litigation wins and major deals that resonated throughout the legal industry in the past year.

  • January 11, 2019

    Dems Question EPA On Wheeler Confirmation Hearing Prep

    Sen. Tom Carper, D-Del., and fellow Democrats have questioned whether the U.S. Environmental Protection Agency has directed employees to work on acting Administrator Andrew Wheeler's confirmation hearing to be the agency's permanent head despite the agency’s shutdown plan mandating that only certain employees continue to work.

  • January 11, 2019

    Calif. Builders Strategize Ahead Of 2020 Solar Panel Rules

    The day is fast approaching when the Golden State will begin requiring solar panels on new homes, and residential builders and their lawyers are grappling with the possibility of increased construction costs, questions surrounding installation on multifamily structures and potential marketing issues.

  • January 11, 2019

    Fracker Wants Exemption From Calif. Offshore Permit Order

    An oil and natural gas company on Thursday asked a California federal judge to amend an order blocking the federal government from approving any offshore fracking permits or plans in the state, arguing two of its wells should be cleared for use.

  • January 11, 2019

    Enviros Challenge Md. Light Rail Project Water Permit

    Environmentalists on Thursday asked a Maryland federal judge to strike down a U.S. Army Corps of Engineers permit issued for a light-rail transit project, saying the agency failed to consider alternatives that would have less impact on local waterways.

Expert Analysis

  • Why AFAs Are Key To The Future Of Legal Practice

    Kelly Eisenlohr-Moul

    Alternative fee agreements can help align law firm and client interests, increase efficiency and eliminate corporate extortion, among other benefits. They are the best thing to happen to the practice of law in decades, says Kelly Eisenlohr-Moul at Dinsmore & Shohl LLP.

  • New US Development Entity Will Spur Investment In Africa

    Thomas Trimble

    The global emerging-markets private equity community is abuzz with the prospect of a new U.S. development funding institution coming on the scene this year that is expected to increase competition among existing funding institutions and spur first-time investment, especially in Africa, say Thomas Trimble and John Bryant of Winston & Strawn LLP.

  • What To Expect In Environmental Law In 2019

    Forrest Smith

    From a business perspective, the environmental law developments that are likely to have the most immediate domestic consequences in the coming year are air- and water-related litigation and regulations, say attorneys with Reed Smith LLP.

  • Series

    Judging A Book: Barron Reviews 'The Clamor Of Lawyers'

    Judge David Barron

    Can lawyers lead a revolution? According to "The Clamor of Lawyers: The American Revolution and Crisis in the Legal Profession" — a slim but elegant volume by Peter Charles Hoffer and Williamjames Hull Hoffer — they can and they did, says First Circuit Judge David Barron.

  • Constitutional Challenges To Pipeline Takings Face Obstacles

    Clay Massey

    In a petition to the U.S. Supreme Court, the plaintiffs in Berkley v. Mountain Valley Pipeline claim the Natural Gas Act does not preclude district court review of constitutional objections to the law. However, their arguments are at odds with Supreme Court precedent, says Clay Massey of Alston & Bird LLP.

  • Opinion

    The Case For Lawyer-Directed Litigation Funding In NY: Part 2

    Peter Jarvis

    Lawyer-directed nonrecourse litigation funding is more likely to protect a lawyer's exercise of independent professional judgment than traditional means of litigation finance, and furthermore enables worthwhile cases that otherwise could not be funded, say Peter Jarvis and Trisha Thompson of Holland & Knight LLP.

  • Opinion

    The Case For Lawyer-Directed Litigation Funding In NY: Part 1

    Peter Jarvis

    Contrary to what the New York City Bar Association concluded in an ethics opinion last year, lawyer-directed nonrecourse commercial litigation funding does not violate New York rules on sharing fees with nonlawyers, say Peter Jarvis and Trisha Thompson of Holland & Knight LLP.

  • Public-Private Partnerships Key In Opportunity Zones

    Doug Lamb

    The misalignment between tax incentives and project viability represents the biggest reason why the supply of capital to invest in opportunity zones will exceed the number of available deals. Public-private partnerships may offer a solution, say Brad Alexander and Doug Lamb of McGuireWoods LLP.

  • 7 Questions To Add To Your Lateral Partner Questionnaire

    Howard Rosenberg

    Law firms should redesign the vetting process for lateral candidates so it directly addresses sexual harassment and assault issues, says Howard Rosenberg of Decipher.

  • Opinion

    Only Congress Can Fix The Waters Of The US Whirlpool

    Jeff Porter

    If anything is clear amid the ongoing chaos of competing Clean Water Act judicial decisions and agency actions, it's that Congress should have acted long ago, says Jeff Porter of Mintz Levin Cohn Ferris Glovsky and Popeo PC.