Project Finance

  • November 06, 2019

    FuelCell Snags $200M In Financing From Orion Energy

    Connecticut-based energy company FuelCell said Wednesday that it secured $200 million in financing from Orion Energy Partners to help fund projects that are already under construction and to refinance existing debt.

  • November 06, 2019

    Justices Grappling With Groundwater Liability In Sewage Case

    The U.S. Supreme Court on Wednesday struggled with how to prevent polluters from evading the Clean Water Act's restrictions on surface contamination without exposing every homeowner with a septic tank to the risk of steep fines.  

  • November 06, 2019

    6 Questions For Midwestern Grid Regulator John Bear

    States must see a benefit to draw their support for the transmission line development needed to make more renewable energy a reality, John Bear, CEO of regional grid operator Midcontinent Independent System Operator, told Law360 in an exclusive interview. This is the final installment in a series of three interviews with leading regulatory figures in the U.S. power sector.

  • November 05, 2019

    Last-Ditch Effort Delays EdgeMarc Ch. 7 Conversion Bid

    A Delaware bankruptcy judge on Tuesday held off on deciding whether to convert oil and gas producer EdgeMarc Energy Holdings LLC's Chapter 11 to give major stakeholders one last-ditch effort at a deal that could stave off a Chapter 7 liquidation.

  • November 05, 2019

    Arbitration Not Required Over Bill In $106M Texas Energy Deal

    A Texas energy company that bought $106 million worth of Wyoming oil and gas assets can't force arbitration in a dispute with seller Denver-based Liberty Resources over Liberty's obligation to pay an outstanding bill from a pipeline services company, a Texas appeals court said Tuesday.

  • November 05, 2019

    Boustani In On Loan Scam, 2nd Ex-Credit Suisse Banker Says

    A former Credit Suisse Group investment banker on Tuesday took the witness stand in the trial of Privinvest Group executive Jean Boustani over a complex purported $2 billion fraud and kickback scheme involving Mozambican maritime projects, telling jurors he agreed to take bribes from Boustani in exchange for smoothing over loan deals.

  • November 05, 2019

    Texas Calls $28M Value Dip Over Highway Project 'Speculative'

    "Speculative" damages estimates skewed a Texas jury's $28.8 million verdict for the owner of a proposed housing development that alleged a highway project drastically reduced the value of the site, the state of Texas argued on Tuesday.

  • November 05, 2019

    SEC Disgorgement Could Survive A High Court Defeat

    The U.S. Supreme Court recently agreed to review the U.S. Securities and Exchange Commission's authority to seek disgorgement in federal court, but there's a chance that any negative outcome for the securities regulator will be temporary.

  • November 05, 2019

    Pakistan Settles $846M Dispute With Turkish Energy Co.

    The government of Pakistan has settled an $846 million dispute with a Turkish energy company stemming from a soured rental power project that the country claimed was tainted by corruption.

  • November 05, 2019

    PG&E Switches To Opt-In Releases In Revised Ch. 11 Plan

    Pacific Gas & Electric creditors would no longer have to specify they want to retain their litigation rights under a revised Chapter 11 plan the utility has filed with a California bankruptcy court.

  • November 05, 2019

    FERC Nominee Says He Steers Clear Of Agency Ethics Issues

    Federal Energy Regulatory Commission general counsel James Danly on Tuesday brushed aside concerns that problems with the agency's ethics program would derail his nomination for a commissioner slot, telling a U.S. Senate panel that the program simply isn't in his bailiwick.

  • November 05, 2019

    3rd Circ. Won't Revisit 'Untenable' PennEast Decision

    The Third Circuit rebuffed arguments that the court handed out an "untenable" result when it held that developers of the $1 billion PennEast pipeline can’t seize land owned by New Jersey for the project, deciding Tuesday not to rehear the case.

  • November 05, 2019

    7 Questions For New England Grid Chief Gordon Van Welie

    Putting a price on carbon is the best way to accommodate state policies that promote renewable and zero-carbon energy while still preserving wholesale electricity markets, Gordon van Welie, the president and CEO of regional grid operator ISO New England Inc., told Law360 in an exclusive interview. This is the second in a series of three interviews with leading regulatory figures in the U.S. power sector.

  • November 04, 2019

    Apple Pledges $2.5B To Help Combat Calif. Housing Crisis

    Apple on Monday said it will put $2.5 billion toward tackling California’s housing crisis, unveiling a two-year initiative that aims to “accelerate and expand new housing production” statewide as well as help first-time homeowners.

  • November 04, 2019

    Split 11th Circ. Upholds CWA Permit For Fla. Phosphate Mine

    A divided Eleventh Circuit panel upheld a U.S. Army Corps of Engineers water permit for a phosphate mine in Florida on Monday, deciding the permit’s scope was limited and didn’t require an analysis of a radioactive byproduct.

  • November 04, 2019

    Glassmaker Can Target Assets For $400M Venezuela Award

    Glassmaker Owens-Illinois Inc. can move ahead with enforcing a more than $400 million arbitral award against Venezuela, after a D.C. federal judge reasoned that it may take years for the country to emerge from an ongoing political and economic crisis.

  • November 04, 2019

    6 Questions For Utility Commissioners' Leader Nick Wagner

    The need to preserve state authority over part of the U.S. electric grid is driving the National Association of Regulatory Utility Commissioners' challenge to a federal rule requiring that energy storage resources like battery systems be allowed to participate in wholesale electricity markets, NARUC President Nick Wagner told Law360 in an exclusive interview. This is the first in a series of three interviews with leading regulatory figures in the U.S. power sector.

  • November 04, 2019

    EPA Relaxes Coal-Fired Power Plant Waste Regulations

    The U.S. Environmental Protection Agency on Monday proposed letting power plant operators use less expensive ways to discharge toxic metal with their wastewater and gave coal-fired plants a lengthy timeline to decide how to get rid of their coal ash.

  • November 04, 2019

    Creditors Denounce Bid To Nix Venezuela Oil Co. Bonds

    A group of Venezuela's creditors on Monday decried litigation seeking to invalidate Venezuelan government bonds due to mature next year after the crisis-stricken nation's state oil company missed a critical $913 million payment, telling a New York federal court the suit "stand[s] in stark contrast" to its promise to refinance the debt.

  • November 04, 2019

    LeClairRyan, Eckert Seek $100K Fees For $13.7M Ponzi Deal

    Eckert Seamans and now-shuttered LeClairRyan are seeking $100,258 for their work representing the receiver following the U.S. Securities and Exchange Commission’s $13.7 million settlement with Kiddar Capital LLC over a real estate investment Ponzi scheme.

  • November 04, 2019

    Lone Star Laterals: Hunton, McGuireWoods, Dykema

    In our latest roundup of lateral moves across Texas, Hunton Andrews Kurth LLP brought on a public finance and tax pro, McGuireWoods LLP hired away from Akin Gump Strauss Hauer & Feld LLP a transactional energy partner and Dykema Gossett PLLC landed a former Texas appellate court justice.

  • November 01, 2019

    Calif. Gov. Appoints Energy Czar, Blasts PG&E's 'Ineptitude'

    California Gov. Gavin Newsom appointed the state’s first “energy czar” to oversee utilities Friday as he slammed bankrupt Pacific Gas and Electric Co. for botching recent power shutoffs and operating under a “culture of ineptitude.”

  • November 01, 2019

    Exxon’s PwC Auditor Confused By Climate Change Cost Lingo

    A PwC auditor admitted during a New York state trial on Friday that he conflated two terms Exxon Mobil uses to compute the business risks posed by climate change policies as he defended his findings that led him to clear Exxon’s books.

  • November 01, 2019

    Mich. Challenge To Enbridge Pipeline Tunnel Rejected

    Enbridge Inc. defeated a challenge by Democratic Michigan officials to a law enacted by their Republican predecessors that will allow the company to build a tunnel for its pipeline replacement project.

  • November 01, 2019

    TC Energy Plans $1.2B Canadian Pipeline Expansion

    TC Energy on Friday said it is planning to spend $1.2 billion to expand two of its gas transmission systems that will connect to a $335 million pipeline project aimed at increasing access to the Western Canadian Sedimentary Basin.

Expert Analysis

  • Bankruptcy Courts' Turf War With FERC Escalates

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    Recent Chapter 11 filings by Pacific Gas & Electric and FirstEnergy Solutions have reignited debate over whether U.S. bankruptcy courts can reject contracts regulated by the Federal Energy Regulatory Commission. The crux of the problem lies in conflicting jurisdiction conferred by the Bankruptcy Code and the Federal Power Act, say Paul Green and Mark Douglas of Jones Day.

  • What To Know About The Senate's New Highway Bill

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    The Senate Environment and Public Works Committee recently approved the America’s Transportation Infrastructure Act of 2019, which would not only be the largest highway bill in history, but could also serve as a potential vehicle for broader action on other infrastructure initiatives, say attorneys and advisers at K&L Gates.

  • Superfund Redevelopment At 20: Continuing Challenges

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    Even as the U.S. Environmental Protection Agency's Superfund Redevelopment Initiative celebrates its 20th anniversary, two key barriers to success remain, and are unlikely to change — the program’s chronic underfunding and the statute’s unforgiving liability scheme, says Linda Larson of Nossaman.

  • Opinion

    Litigation Finance Can And Should Protect Its Reputation

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    This month’s controversy surrounding alleged financial misrepresentations by Burford Capital underlines the need for litigation financiers to unite in educating the public about the value of litigation finance, lest opportunists use cases like this to disparage the industry as a whole, says Charles Agee at Westfleet Advisors.

  • What EPA Plan To Count Emission Decreases Means For Cos.

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    The U.S. Environmental Protection Agency recently proposed a rule explicitly allowing consideration of emissions decreases from a project in determining whether the project causes a significant emissions increase from an existing source. This makes it more likely that state regulators will follow the same approach, says Andrew Sawula of Schiff Hardin.

  • House And Senate Pipeline Bills: Ships Passing In The Night

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    The Pipeline Safety Act is up for reauthorization this year, and both the Democratic House and Republican Senate have produced draft legislation. But it is unlikely that Congress will meet the reauthorization deadline of Sept. 30, because the bills have almost no common ground, say attorneys at Troutman Sanders.

  • Opinion

    New Ohio Energy Law Impairs Competition, Reverses History

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    Ohio’s governor recently signed legislation that will subsidize four uncompetitive electricity-producing nuclear and coal plants, remove financial incentives to build more renewable energy projects and curtail energy efficiency programs. The law turns back the clock at the expense of ratepayers, says Richard Drom of Eckert Seamans.

  • Crisis Messaging To Protect Law Firm Brand And Bottom Line

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    When crises occur, such as data security incidents or gender bias suits, a well-prepared law firm has a thoroughly tested communications plan at the ready, which ensures the firm is the most proactive news source, prevents the crisis from escalating and notifies stakeholders about mitigation efforts, says Zach Olsen at Infinite Global.

  • How New Bill Boosts Renewable Projects On Federal Lands

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    If passed by Congress, a new bipartisan bill is expected to slash permitting delays for renewable energy projects across the U.S. The resulting regulatory certainty would be a win both for industry and for the growing group of states that have set ambitious climate change mitigation goals, say Ed Hild and Robert Burns of Buchanan Ingersoll.

  • Perspectives

    What You Should Know About Courtroom Closures

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    At attorney Greg Craig’s trial in D.C. federal court this week, the courtroom was cleared so prospective jurors could answer sensitive questions. Even seasoned litigators were left wondering about the nature of this subtle, yet significant, issue involving Sixth Amendment public trial rights, says Luke Cass at Quarles & Brady.

  • 4 Working Capital Safe Harbors For QOZ Startups

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    To avoid devastating penalties that can be triggered due to conflicting use and timing requirements under the new qualified opportunity zone regime, real estate investors should ensure qualified opportunity funds include certain provisions, says Tucker Thoni at GrayRobinson.

  • The Groundwater Circuit Split High Court Will Untangle

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    Cases in which plaintiffs have argued for Clean Water Act jurisdiction over discharges that flow through groundwater have been brought in the Fourth, Sixth and Ninth Circuits. An upcoming U.S. Supreme Court ruling on this debate will have important implications for groundwater regulation, say Bradley Ennis and Susan Scaggs of Balch & Bingham.

  • NY’s Landmark Climate Bill: Big Opportunities But Few Details

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    New York's Climate Leadership and Community Protection Act, recently signed into law by Gov. Andrew Cuomo, is an ambitious statewide climate change agenda that promotes significant investment opportunities for industry. But the bulk of it reads like a series of homework assignments for a group project, say attorneys with Schiff Hardin.

  • Bar Still High For Injunctive Relief In NJ Public Bidding Cases

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    A recent unreported New Jersey Appellate Division decision demonstrates that a showing of likelihood of success on the merits is still necessary to obtain temporary injunctive relief in public bidding cases, despite expectations that 2013's Waste Management decision would relax this standard, say Kenneth Oettle and Michael Carucci of Sills Cummis.

  • Series

    Why I Became A Lawyer: A Seaweed Scientist's Odyssey

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    In the early 1980s, I was working on my Ph.D. in marine biology and ecology. As part of an international team of scientists studying oil spill impacts on marine ecosystems, I saw a niche opportunity to combine science and law, says Andrew Davis of Shipman & Goodwin.

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