Project Finance

  • July 02, 2020

    FERC Seeks Hill's Help After DC Circ. Dumps Pipeline Policy

    Two Federal Energy Regulatory Commissioners on Thursday urged Congress to extend the agency's administrative appeals process and give landowners more protection, two days after the D.C. Circuit blew a hole in FERC's ability to delay requests to reconsider gas project approvals.

  • July 02, 2020

    The Biggest Energy Rulings Of 2020: Midyear Report

    It's already been a blockbuster year for court decisions affecting the energy sector, with courts ruling on whether climate change-related litigation can proceed as well as weighing in on key permitting and liability issues. Here are some of the most significant energy-related court decisions from the first half of 2020.

  • July 02, 2020

    4th Circ. Grounds Challenge To Baltimore Airport Construction

    A Maryland county missed the deadline to challenge an updated plan for expanding cargo capabilities at Baltimore-Washington International Thurgood Marshall Airport by seven days and can't pin the delay on anyone other than itself, a Fourth Circuit panel has ruled. 

  • July 02, 2020

    7th Circ. Told Dynegy Ash Pits Subject To Maui Water Ruling

    Coal ash pits owned by Dynegy Midwest Generation LLC are illegally leaking pollution through groundwater that has turned an Illinois river orange-red and must be more strictly regulated under the Clean Water Act, environmentalists told the Seventh Circuit on Wednesday.

  • July 02, 2020

    Calif. Criticizes FERC Transmission Incentives Proposal

    A coalition of states, including California and Massachusetts, criticized the Federal Energy Regulatory Commission's proposal to update incentives for transmission projects, saying it doesn't do much to reduce the amount consumers must pay or help the right kinds of projects.

  • July 02, 2020

    Transpo Regulation And Legislation To Watch: Midyear Report

    The transportation industry is keeping tabs on infrastructure funding legislation, potential reforms to the Federal Aviation Administration’s aircraft certification process and new consumer protection regulations covering air travel. Here, Law360 highlights legislation and regulation to watch in the latter half of 2020.

  • July 02, 2020

    Deals Rumor Mill: Uber, JBIC, XingSheng

    Uber hopes to pay $2.6 billion for Postmates, a group of Japanese entities is investing $14.4 billion in a gas project in Mozambique, and a new funding round will value Chinese groceries delivery app XingSheng at $3 billion. Here, Law360 breaks down these and other deal rumors from the past week that you need to be aware of.

  • July 02, 2020

    Biggest Environmental Law Rulings So Far In 2020

    2020 has already been a huge year for environmental litigation, with the U.S. Supreme Court clearing up important unanswered questions in water and Superfund law, and an ambitious group of youths losing their effort to bring the federal government to trial over climate policy.

  • July 01, 2020

    House Passes $1.5T Infrastructure Funding Bill

    The House on Wednesday passed an estimated $1.5 trillion surface transportation and infrastructure investment bill that aggressively tackles climate change and environmental reforms, advancing a measure that the Senate majority leader and the president have already declared dead on arrival. 

  • July 01, 2020

    Kinder Morgan Says Justices' Maui Decision Voids Water Case

    Kinder Morgan and environmental groups fought Wednesday in the Fourth Circuit over the correct interpretation of a recent U.S. Supreme Court ruling that the Clean Water Act sometimes covers pollution that first travels through groundwater.

  • July 01, 2020

    Unión Fenosa Wins Round In $2B Award Fight Against Egypt

    A London judge declined to set aside an order dispensing with formal service requirements relating to Unión Fenosa Gas' efforts to enforce a $2 billion arbitral award against Egypt after a certificate of service was apparently lost on its way back from Cairo to England.

  • July 01, 2020

    Water Co. Says Centennial Sunk $150M Saltwater Well Deal

    A Texas water management company told a Houston-area court it's the rightful recipient of $10 million in escrow funds from a busted $150 million saltwater disposal well deal with a Centennial Resource Development unit.

  • July 01, 2020

    Peabody, Arch Coal Hit Back Against FTC's Bid To Halt JV

    Peabody Energy Corp. and Arch Coal Inc. have urged a Missouri federal court not to halt their proposed joint venture, arguing in a Tuesday filing that the Federal Trade Commission took too narrow a view of their market and could not support its claims that the venture would have anti-competitive effects.

  • July 01, 2020

    ND High Court OKs Permit For Refinery Near National Park

    The North Dakota Supreme Court has upheld a state Clean Air Act permit for an oil refinery near a national park, finding that the state Department of Environmental Quality adequately responded to public concerns over pollution from the project.

  • June 30, 2020

    Top Mexico Court Lets Renewable Power Stay On Grid

    Mexico's top court has refused to reinstate a plan by the country's energy ministry to prevent renewable power sources from connecting to the electric grid as an antitrust complaint against the idea moves forward.

  • June 30, 2020

    La. Legislature OKs Biz Tax Breaks Expansion Amid Virus

    The Louisiana Legislature approved two bills that would expand state tax incentive programs to retailers, restaurants and hotels to help them recover from the COVID-19 pandemic, along with a bill to provide tax credits for investments in opportunity zones.

  • June 30, 2020

    Wind Farm Owner Says Texas Co.'s Deception Cost It Millions

    A unit of Spanish energy conglomerate Acciona alleged on Tuesday that a Texas wind farm developer lied about securing land needed for a project to make it seem as if the venture was on track when it was actually falling way behind schedule, which cost $7 million to correct.

  • June 30, 2020

    Mining Groups Back Rosemont Copper Project To 9th Circ.

    Mining interest groups have filed a flurry of amicus briefs with the Ninth Circuit supporting a bid by Rosemont Copper Co. and its parent company to overturn a lower court ruling blocking a major copper mining project in Arizona.

  • June 30, 2020

    Baltimore Asks Justices Not To Bother With Climate Case

    Baltimore has told the U.S. Supreme Court it should not spend its time reviewing a narrow issue raised by Chevron Corp. and other energy giants in their bid to move to federal court the city's lawsuit over climate change-related infrastructure damage. 

  • June 30, 2020

    State AGs Slam Trump Order To Skirt Environmental Reviews

    Attorneys general for 15 states and the District of Columbia warned the Trump administration that an executive order to bypass vigorous environmental reviews for infrastructure projects would run afoul of emergency provisions in federal law, even considering the COVID-19 pandemic.

  • June 30, 2020

    DC Circ. Dumps FERC Policy That Delays Pipeline Appeals

    The D.C. Circuit ruled en banc Tuesday that the Federal Energy Regulatory Commission can't delay requests to reconsider its approval of gas infrastructure projects in order to stave off judicial challenges, saying the agency's tolling policy unlawfully rewrites the Natural Gas Act.

  • June 29, 2020

    Ethanol Plant Execs Say Seyfarth Shaw Steered Shaky Buyout

    Seyfarth Shaw LLP has been hit with a malpractice claim seeking to hold it liable for underlying claims that several Illinois ethanol plant executives bought out the plant's minority shareholders at too low a price through an unfair process.

  • June 29, 2020

    Bondholders Say Venezuela Defense In $1.68B Case Falls Flat

    The holders of some $1.68 billion in Venezuelan bonds are arguing that leaked comments made by the country's special attorney general acknowledging the weakness of its legal efforts to protect Citgo undermine arguments from the country's U.S. ambassador that the bonds violate Venezuelan law.

  • June 29, 2020

    House Highway Bill Sets Up Showdown On Energy Tax Breaks

    A five-year highway reauthorization bill headed toward likely House passage this week sets the stage for an early showdown over extensions of expiring tax incentives for renewable energy as lawmakers prepare for bicameral talks on infrastructure financing and COVID-19 response legislation.

  • June 29, 2020

    Sierra Club Asks Justices To Leave Water Permit Ban In Place

    Environmental groups including the Sierra Club and Natural Resources Defense Council on Monday urged the U.S. Supreme Court to leave intact a Montana federal judge's decision to prohibit new oil and gas pipeline projects from using an expedited Clean Water Act permitting process.

Expert Analysis

  • Why Colo. Stay Of Trump's Water Rule Is Noteworthy

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    Following a Colorado federal court's statewide stay of the Trump administration's new Clean Water Act rule, it seems likely the rule will be invalidated in the state — further complicating a national patchwork of definitions of "waters of the U.S." and possibly influencing other courts considering injunction requests, say Christine Jochim and Michael Smith at Brownstein Hyatt.

  • CFIUS Latest Annual Report Reveals Key Enforcement Trends

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    Attorneys at Reed Smith discuss five takeaways from the new annual report of the Committee on Foreign Investment in the United States, which assessed the 229 notices and 21 declarations filed for CFIUS' review in 2018 and provided a first look at the impact of the Foreign Investment Risk Review Modernization Act.

  • Opinion

    Time To Consider Percentage Rental Agreements For Lawyers

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    It has long been the law that attorneys cannot use percentage rental agreements because doing so would constitute an impermissible sharing of fees with nonlawyers, but such arrangements can help lawyers match expenses with revenues in lean times like now, say Peter Jarvis and Trisha Thompson at Holland & Knight.

  • 'Settle And Sue' Malpractice Cases Have New Clarity In Calif.

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    A California state appellate court's recent decision in Masellis v. Law Office of Leslie F. Jensen provides a road map for proving causation and damages in settle-and-sue legal malpractice cases — an important issue of long-standing confusion, says Steven Berenson at Klinedinst.

  • What You Say In Online Mediation May Be Discoverable

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    Mediation conducted online with participants in different states makes it harder to determine where communications were made, increasing the risk that courts will apply laws of a state that does not protect mediation confidentiality, say mediators Jeff Kichaven and Teresa Frisbie and law student Tyler Codina.

  • Will US Oil Cos. Follow OPEC's Lead On Production Cuts?

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    Recent production cuts agreed to by the Organization of the Petroleum Exporting Countries and its allies gave markets confidence that Saudi Arabia and Russia are committed to stabilizing oil prices, but the question now is whether U.S. shale oil producers will continue to reduce their own production, say Denmon Sigler and Scott Shelton at Baker McKenzie.

  • EPA Limits On States' Project Reviews Likely To Face Lawsuits

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    The U.S. Environmental Protection Agency's recently announced rule limiting the scope of states' reviews of planned energy infrastructure projects will likely mean more litigation between states and the federal government — and more uncertainty for businesses and other stakeholders, says Philip Sholtz at Goldberg Segalla.

  • 10 Tips For A Successful Remote Arbitration Hearing

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    As I learned after completing a recent international arbitration remotely, with advance planning a video hearing can replicate the in-person experience surprisingly well, and may actually be superior in certain respects, says Kate Shih at Quinn Emanuel.

  • Opinion

    To Achieve Diversity, Law Firms Must Reinvent Hiring Process

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    If law firms are truly serious about making meaningful change in terms of diversity, they must adopt a demographically neutral, unbiased hiring equation that looks at personality traits with greater import than grades and class rank, says Thomas Latino at Florida State University College of Law.

  • Cybersecurity Steps For Law Firms Amid Heightened Risks

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    With large swaths of the population indoors and primarily online, cybercriminals will be able to exploit law firms more easily now than ever before, but some basic precautions can help, says Joel Wallenstrom at Wickr.

  • Opinion

    Strict Calif. Vapor Intrusion Guidance Threatens Development

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    The conservative standards set by California's recently released draft guidance on vapor intrusion may require unnecessary and expensive testing and mitigation, hindering local economic development, say Charles White and Peter Duchesneau at Manatt.

  • Opinion

    It's Time For Law Firms To Support Work-From-Home Culture

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    Now that law firms are on board with fully remote work environments, they must develop policies that match in-office culture and align partner and associate expectations, says Summer Eberhard at Major Lindsey.

  • Opinion

    Republicans Keep Confirming Unqualified Judicial Nominees

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    What emerges from the group of 200 federal judges confirmed by the Senate under President Donald Trump is a judiciary stacked with young conservative ideologues, many of whom lack basic judicial qualifications, says Sen. Dianne Feinstein, D-Calif., ranking member of the Senate Judiciary Committee.

  • Tips For Crafting The Perfect Law Firm Alert

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    As lawyers have had more time to write in recent weeks, the number of law firm alerts has increased massively, but a lot of them fail to capture readers and deliver new business, says Richard Torrenzano at The Torrenzano Group.

  • Appalachian Trail Ruling May Speed Other Pipeline Cases

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    The U.S. Supreme Court's ruling last week in U.S. Forest Service v. Cowpasture River Preservation Association removed a major legal obstacle for a pipeline with a route crossing the Appalachian Trail, and could also hasten the resolution of other pipeline lawsuits now pending in federal court, say attorneys at Steptoe & Johnson.

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