Project Finance

  • June 09, 2020

    2nd Circ. Denies Jailed Ex-Cuomo Aide's Virus Release Bid

    The Second Circuit on Monday affirmed a lower court's finding that a former aide to New York Gov. Andrew Cuomo improperly sought coronavirus-related release from prison through the courts.

  • June 09, 2020

    Pa. Panel Pushes Bill Requiring OK Of Carbon Tax Agreement

    A Pennsylvania House committee voted Tuesday to require that the General Assembly has to approve the governor's executive order to enter the state into a regional greenhouse agreement that could result in carbon-tax levies on power plants.

  • June 09, 2020

    North Dakota Argues Pipeline Shutdown Could Cost Billions

    Shutting the Dakota Access Pipeline even temporarily by granting tribes' request to pull an easement could have a devastating impact on North Dakota's ability to rebound from the plunge in oil prices, the state told a D.C. federal court.

  • June 09, 2020

    PennEast Tells Justices 3rd Circ. Ruling Nullifies Federal Law

    Developers of the $1 billion PennEast Pipeline on Tuesday urged the U.S. Supreme Court to overturn the Third Circuit's ruling that the project can't seize land owned by New Jersey, arguing the decision effectively invalidates the Natural Gas Act.

  • June 09, 2020

    Calif. Wants Nationwide Halt Of Trump's Water Rule

    California and a coalition of states and cities have pushed a federal court to issue a nationwide injunction to block the Trump administration's rule narrowing the scope of the Clean Water Act's jurisdiction, arguing that the change disregards science and is harmful.

  • June 09, 2020

    Greens Say Trump Infrastructure Order Puts Species At Risk

    Conservationists on Tuesday said they planned to sue President Donald Trump over his recent executive order instructing agency heads to sidestep environmental reviews for infrastructure projects, saying the action imperils endangered species. 

  • June 09, 2020

    Texas Gas Co. Can't Pin Buyer's Remorse On DOI, Court Told

    A pipeline company owned by billionaire Red McCombs can't sue the U.S. Department of the Interior for approving a pipeline assets sale it had previously requested, the government told a Texas federal court.

  • June 09, 2020

    Wash. Says Coal Permit Fight Would Waste High Court's Time

    Washington state said Monday that the U.S. Supreme Court has no basis to weigh in on its denial of a water quality certificate for a proposed coal export facility, despite Montana and Wyoming's claims the move is unconstitutional.

  • June 09, 2020

    FTC Urges Judge To Halt Merger Of 'Coal Behemoth'

    The Federal Trade Commission has urged a Missouri federal court to temporarily block the joint venture of two coal-mining companies, Peabody Energy Corp. and Arch Coal Inc., claiming the combined operations will result in the control of coal in the Southern Powder River Basin.

  • June 08, 2020

    3 Firms Fight For Top Role In Icahn Refinery Buyout Suit

    Labaton Sucharow LLP, Pomerantz LLP and Levi & Korsinsky LLP are vying for the lead counsel role in a proposed shareholder class action accusing Carl Icahn-controlled entities of scheming to buy out the remaining chunk of a refinery operator partnership at an unfair price.

  • June 08, 2020

    Maui Ready To Keep Fighting In Clean Water Act Case

    A defiant Maui County on Monday told a Hawaii federal judge it's ready to go to trial to fight environmentalists' claim that it needs Clean Water Act permits for wastewater wells that were the focus of a recent blockbuster U.S. Supreme Court ruling.

  • June 08, 2020

    EPA Wants To Rid Itself Of Latest Ozone Pollution Suit

    The U.S. Environmental Protection Agency said a coalition of states led by New Jersey can't ask a federal court to impose deadlines on the agency's obligation to hold states accountable for the downwind-floating ozone they emit, which worsens air quality on the East Coast. 

  • June 08, 2020

    InstarAGF Closes $1.2B Fund Amid Trump Infrastructure Push

    InstarAGF Asset Management, which makes private capital investments in civil, utility and energy infrastructure businesses, said Monday that its latest fund had closed at $1.2 billion, just days after President Donald Trump signed an executive order urging agencies to "speed infrastructure investments."

  • June 08, 2020

    Carbon Tax For EU Economic Recovery Could Be Tough Sell

    The economic fallout from the novel coronavirus pandemic could prompt European Union countries to expand environmental taxation to help rebuild government coffers, but those measures also could trigger a backlash from a public that is already struggling financially.

  • June 08, 2020

    CDI Escapes $20M Suit Over Chemical Plant Design Mistakes

    A technical support services company doesn't owe US Methanol LLC over $20 million in damages because the support outfit fulfilled its part of a contract for what became the botched development of a chemical plant, a West Virginia federal judge has ruled.

  • June 08, 2020

    Fluor Investor Accuses Board Of Covering Up Bad Bidding

    A shareholder of engineering and construction giant Fluor Corp. hit company directors and executives with a derivative suit in Texas federal court Friday, claiming they covered up Fluor's improper bidding practices for years and caused billions of dollars in losses to the company.

  • June 08, 2020

    DOI Must Redo Mashpee Ruling, Leave Land In Trust

    A D.C. federal judge has halted the U.S. Department of the Interior's plan to take out of trust the Mashpee Wampanoag Tribe's land intended for a casino project, saying the Trump administration didn't properly weigh the tribe's evidence when deciding to undo an Obama-era decision to acquire the land.

  • June 08, 2020

    8th Circ. Won't Budge On Decision Backing Minn. Grid Law

    The Eighth Circuit on Monday stood by its ruling that a Minnesota law giving in-state electric transmission companies a right of first refusal before out-of-state companies can build new lines doesn't violate the U.S. Constitution's dormant commerce clause.

  • June 05, 2020

    Trump Powerless To Undo Obama's Drilling Ban, 9th Circ. Told

    A group of environmental organizations urged the Ninth Circuit on Friday to uphold a lower court's ruling that the Trump administration cannot reverse an Obama-era block on fossil fuel drilling in areas of the Arctic and Atlantic oceans, saying the statute former President Barack Obama acted under only allows Congress to reverse the ban.

  • June 05, 2020

    Split 6th Circ. Backs Approval Of Enbridge Pipeline Spill Plan

    A split Sixth Circuit panel has ruled that the U.S. Department of Transportation properly approved Enbridge Energy's oil spill response plans for a Wisconsin-to-Ontario pipeline, while the dissenting judge said a lower court had been right to disagree.

  • June 05, 2020

    Developers Say Mich. Tribe Must Face Casino Contract Suit

    Two development companies suing the gaming authority of the Sault Ste. Marie Tribe of Chippewa Indians over the planned construction of new casinos told a Michigan federal court to ignore arguments from the tribe that it has sovereign immunity from the companies' claims for about $9 million, plus for future revenue from the projects.

  • June 05, 2020

    Chicago Developer Must Pay For Missed Deadline In $50M Suit

    An Illinois federal judge on Friday sanctioned the owners of a failed Chicago real estate project $18,000 for their "flagrant disregard" of a deadline to show how they spent $49.5 million from Chinese investors who claim they were ripped off.

  • June 05, 2020

    NJ Wins 3rd. Circ. Fight To Escape Bi-State Port Agency

    The Third Circuit on Friday cleared New Jersey's path to escape a more than 60-year-old compact establishing a commission to regulate the shipping port it shares with New York, ruling in a precedential opinion that the Garden State is shielded from that agency's suit to block its withdrawal.

  • June 05, 2020

    3 Lingering Opportunity Zone Questions Amid The Pandemic

    The COVID-19 pandemic has severely slowed the commercial real estate market as investors are skittish and banks are reluctant to loan, and while the IRS on Thursday provided important relief for investors in opportunity zone projects, questions and hurdles for such deals still remain. Here, Law360 looks at several.

  • June 05, 2020

    DC Circ. Told NRC Shouldn't Review Illegal Nuke Storage Plan

    An environmental group is urging the D.C. Circuit to force the U.S. Nuclear Regulatory Commission to stop considering an application to build a nuclear waste storage facility in New Mexico that the group says requires a license forbidden by energy law.

Expert Analysis

  • Pandemic May Prompt Legislative Action On Court Deadlines

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    The COVID-19 crisis shines light on the fact that the federal government and most states do not have the power to toll statutes of limitations, and could lead to a full-scale reconsideration of the Federal Judiciary Emergency Powers Tolling Act or other legislative efforts, say Reed Brodsky and Michael Nadler at Gibson Dunn.

  • How Force Majeure Differs In The US, Europe And China

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    A hypothetical scenario involving an overseas buyer that refuses to take delivery of oil or gas shipped from a U.S. supplier due to COVID-19 business disruptions illuminates key differences in contract law between the U.S., France, Germany and China, say Laurent Gouiffès and Robert Wolinsky at Hogan Lovells.

  • Series

    Judging A Book: Richardson Reviews 'Criminal Dissent'

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    In his important new book, "Criminal Dissent," Wendell Bird endeavors to catalog every single actual, or even threatened, prosecution under the Sedition Act and removal under the Alien Friends Act — a monumental undertaking — and the results are striking, says U.S. District Judge Eli Richardson of the Middle District of Tennessee.

  • Tips For Minimizing Law Firm Liability During COVID-19

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    Lawyers may be advising clients on COVID-19 matters without the benefit of considered analysis or interpretive guidance, which could lead to legal malpractice suits down the road, but law firm management can mitigate the risks through certain protocols, says Nicole Hyland at Frankfurt Kurnit.

  • Justices Leave Waters Muddy In County of Maui Sewage Case

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    In County of Maui v. Hawaii Wildlife Fund, the U.S. Supreme Court answered the question of whether a discharge to groundwater requires a permit under the Federal Clean Water Act with a muddled maybe — so it may be up to Congress to provide more clarity, says Jeff Porter at Mintz Levin.

  • A Proposed Technology-Assisted Review Framework

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    Cases involving technology-assisted review often suffer from expensive arguments between parties over protocols and accuracy, but a new report card system that would allow litigants and courts to objectively assess a given document review methodology could mitigate those problems, say attorneys at Redgrave and Kirkland.

  • FERC Energy Capacity Orders Invite Lawsuits, Uncertainty

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    The Federal Energy Regulatory Commission's recent affirmation of its decision to subject certain state-subsidized renewable energy resources to minimum offer price thresholds, without holding federally subsidized fossil-fuel-powered resources to the same requirement, is likely to generate years of litigation and uncertainty, say attorneys at Sheppard Mullin.

  • Environmentally Challenged Property Foreclosures In A Crisis

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    With the evolving economic implications of COVID-19, lenders considering foreclosure on properties with environmental challenges should explore secured creditor protections to avoid the risk of liability as the property's new owner, say attorneys at King & Spalding.

  • Environmental Due Diligence For M&As During The Pandemic

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    While COVID-19 has severely disrupted global and domestic M&A activity, parties continue to identify strategic transactions — so environmental due diligence needs to adapt to fit client needs, says Matthew Dobbins at Vinson & Elkins.

  • How Lawyers Can Find Equanimity In Crisis

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    Lawyers navigating the COVID-19 fallout may think they no longer have time for the “soft” aspects of their work — such as being an outlet for clients' stress — but maintaining equanimity and focusing on the human aspects of lawyering are key to weathering the crisis, say Meredith Parfet and Aaron Solomon at Ravenyard Group.

  • Market Decline Will Have Diverse Repercussions For Cos.

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    The recent market decline is likely to usher in a wave of litigation as several contemporaneous factors — such as news about the pandemic and faltering oil prices — contribute to volatility that will be felt differently across various industries, says Jordan Milev at NERA Economic Consulting.

  • Unique Small Biz Virus Relief Concerns For Brokers, Advisers

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    Broker-dealers, investment advisers and their independent contractors applying for loans under the Coronavirus Aid, Relief and Economic Security Act's Paycheck Protection Program and the Small Business Administration's Economic Injury Disaster Loan program should consider staffing expectations, payroll costs, disclosures and supervision, say attorneys at Eversheds Sutherland.

  • Opinion

    Courts Should Look To 3 Bar Exam Alternatives During Crisis

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    While the pandemic delays bar exams, jurisdictions should adopt other ways to license new lawyers, as sticking to the status quo would abdicate our profession’s responsibility to meet the public’s legal needs, say law professors Deborah Jones Merritt, Marsha Griggs and Patricia Salkin.

  • Are Litigation Funding Documents Protected From Discovery?

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    With law firms and their clients increasingly interested in exploring litigation funding during the current economic crisis, attorneys must be aware of the trends emerging in courts across the country regarding the discoverability of litigation funding materials, say attorneys at Jenner & Block and Longford Capital.

  • 8 Opportunity Zone Gain Rules That May Aid Investors

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    Taxpayers may elect to invest capital gains from virtually any type of asset into a qualified opportunity fund within 180 days of recognizing their qualified gain, providing adequate time to park such funds while performing investment due diligence amid economic challenges created by the COVID-19 crisis, says Alejandra Lopez at Holthouse Carlin.

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