Project Finance

  • October 29, 2019

    Sheppard Mullin Adds Finance Partner From McGuireWoods

    Sheppard Mullin Richter & Hampton LLP has hired a lending and distressed debt pro from McGuireWoods LLP to bolster its finance and banking practice, in the latest of several hires at the firm's new Dallas office.

  • October 29, 2019

    EPA Urges DC Circ. To Uphold Adviser Policy Ruling

    The U.S. Environmental Protection Agency has urged the D.C. Circuit to affirm a district court’s dismissal of a challenge to its policy barring members of its scientific advisory committees from serving if they are receiving agency grants. 

  • October 29, 2019

    Southcross Energy Files Ch. 11 Plan In Del.

    Bankrupt natural gas handler Southcross Energy Partners LP has filed its Chapter 11 plan with a Delaware bankruptcy court, saying it will distribute the proceeds of the asset sale approved last week and reorganize around its remaining assets.

  • October 29, 2019

    NY, NJ, Conn. Sue EPA Over Out-Of-State Ozone Pollution

    New York and New Jersey on Tuesday sued the U.S. Environmental Protection Agency over its finding the Empire State failed to prove that hundreds of air pollution sources in nine upwind states are interfering with its efforts to comply with federal ozone standards, with Connecticut joining a separate suit in district court.

  • October 29, 2019

    In The (Opportunity) Zone: How To Avoid Diligence Pitfalls

    Developers are increasingly eyeing the possibility of doing projects in opportunity zones as they seek to reap tax deferral benefits from the program, but lawyers say developers have a host of due diligence issues to consider as they set up or contemplate doing projects. This is the third in a three-part series examining real estate investment in opportunity zones.

  • October 29, 2019

    Murray Energy Becomes Latest Coal Miner To File Bankruptcy

    Saddled with billions of dollars in debt and pension liabilities, Murray Energy, the largest privately owned coal company in the U.S., filed for Chapter 11 in Ohio on Tuesday, becoming the latest mining company to file bankruptcy in a declining coal market.

  • October 28, 2019

    Border Wall Diversion Invites Russian Meddling, Dems Say

    Senate Democrats have warned that President Donald Trump’s decision to pull $1.3 billion from national security funds to finance his long-promised border wall could signal to the Kremlin that it has the go-ahead to meddle in the affairs of the U.S.' European allies.

  • October 28, 2019

    Justices Urged Not To Weigh In On FERC Dam Dispute Ruling

    A tribe and a hydroelectric dam operator on Monday urged the U.S. Supreme Court not to take up a petition seeking review of the D.C. Circuit's ruling that the one-year clock for states to act on Clean Water Act permit requests doesn't reset if applications are withdrawn and resubmitted.

  • October 28, 2019

    DOT Hazmat Train Rule Lacks Info Safeguards, DC Circ. Told

    The U.S. Department of Transportation skirted its congressional directive to safeguard railroads' confidential information when it finalized a rule mandating oil spill response plans for high-hazard flammable trains, and it must institute better protections, Union Pacific told the D.C. Circuit on Friday.

  • October 28, 2019

    Chevron Offers $5M To End Okla. Royalty Underpayment Suit

    Oklahoma natural gas royalty owners who claim several units of Chevron Corp. stiffed them on royalty payments asked a federal judge Monday to sign off on a $4.9 million settlement to end their class action.

  • October 28, 2019

    GM, Toyota Side With Trump Admin In Emissions Rule Fight

    General Motors, Fiat Chrysler, Toyota and other auto giants said Monday they were seeking to intervene on the side of the Trump administration as it defends its move to yank California’s authority to set tighter vehicle greenhouse gas emissions and fuel economy standards.

  • October 28, 2019

    Tetra Tech's Recusal Bid 'Inappropriate,' Calif. Judge Says

    The San Francisco federal judge overseeing an environmental cleanup suit against Tetra Tech said the company's claims that he is prejudiced against it "border on frivolous" because they mostly rely on a single sentence in a remand order.

  • October 28, 2019

    In The (Opportunity) Zone: How To Navigate Lending Issues

    More developers are seeking financing for projects in opportunity zones, a byproduct of the late 2017 U.S. tax reform, and while banks like the prospect of making long-term loans for such projects, lenders need to be prepared to face a unique set of issues and banks continue to have lingering questions. This is the second in a three-part series examining real estate investment in opportunity zones.

  • October 25, 2019

    Boustani Jury Hears Of Alleged Graft That Fueled $2B Fraud

    Jurors in the $2 billion fraud and kickback trial of Privinvest Group executive Jean Boustani on Friday saw a trove of emails purportedly detailing tens of millions of dollars in bribes being paid to Mozambican government officials to secure a coastal surveillance contract for the Abu Dhabi-based shipbuilder.

  • October 25, 2019

    NY AG 'Stunned' By Threat To Cut Short Exxon Climate Case

    The New York judge presiding over a landmark bench trial where Exxon Mobil stands accused of hiding the true cost of climate change from investors threatened Friday to abruptly end the state's case if it failed to streamline its presentation.

  • October 25, 2019

    Youths Sue Canada Over Climate Change Threats

    Fifteen young Canadians sued their country Friday, accusing it of failing to protect them from climate change and the threats a warming planet poses to the foundation of their lives.

  • October 25, 2019

    DC Circ. Wonders If EPA Exemption Spike Warrants Lawsuit

    D.C. Circuit judges Friday appeared skeptical that critics can challenge the Environmental Protection Agency's willingness to grant an increasing number of biofuel exemptions for small refiners because the agency never formally relaxed standards for winning hardship waivers from renewable fuel standards.

  • October 25, 2019

    Interior Dept. Defangs Controversial FOIA Rule

    Public interest groups from across the political spectrum claimed victory Friday as the U.S. Department of the Interior released a watered down version of a Freedom of Information Act policy update that had been slammed for severely limiting the public's access to agency information.

  • October 25, 2019

    Bank Group Says 1st Circ. PR Bond Ruling Hurts Local Gov'ts

    The Securities Industry and Financial Markets Association is urging the U.S. Supreme Court to strike down a First Circuit decision on a Puerto Rican bond dispute that's roiled municipal bond markets across the country, calling it a matter of "extreme national importance."

  • October 25, 2019

    Texas Justices Won't Hear Gas Co.'s Double-Tax Dispute

    A company's suit asserting that it is being unlawfully double-taxed on its Texas natural gas facility cannot be heard by the state Supreme Court because it is not urgent enough to warrant the court's special jurisdiction, state justices said Friday.

  • October 25, 2019

    Colombia Wants $19M Award In Favor Of Glencore Annulled

    Colombia will ask the International Centre for Settlement of Investment Disputes to annul a recent award that requires the country to pay $19.1 million to Glencore following a dispute over royalties due under a coal mining concession.

  • October 25, 2019

    $74M SunEdison Investor Settlement Gets Judge's Approval

    A Manhattan federal judge signed off Friday on a $74 million deal that ends securities litigation brought by investors who backed renewable energy giant SunEdison Inc. prior to its fall into bankruptcy and also approved a $17 million payout for plaintiffs' counsel Bernstein Litowitz Berger & Grossmann LLP.

  • October 25, 2019

    SD Settles With Activists To End Riot Boosting Law Challenge

    South Dakota has reached an agreement to end a lawsuit by environmental and indigenous groups challenging several state laws viewed as silencing protesters, with the parties asking a federal court to dismiss the action Thursday.

  • October 25, 2019

    AECOM-Canyon JV Lands $500M For Real Estate Fund

    An AECOM Capital and Canyon Partners joint venture said Friday that it closed a fund with more than $500 million in commitments that will be used to target a variety of property types.

  • October 25, 2019

    In The (Opportunity) Zone: How To Structure Funds

    Investors are showing heightened interest in doing real estate deals in opportunity zones nearly two years after Congress signed the program into law, and understanding how opportunity zone funds differ from their more traditional counterparts is key to the investment process. This is the first in a three-part series examining real estate investment in opportunity zones.

Expert Analysis

  • Recent IRS Notices Blow Favorable For Wind Projects

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    Two recent IRS notices, adjusting the value of production tax credits and creating a safe harbor for certain U.S. Department of Defense-caused project delays, provide a small breath of fresh air for the onshore wind industry, says David Burton at Norton Rose.

  • Remembering Justice Stevens As A Law Firm Leader

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    Rothschild Barry's John Coffey, who joined Justice John Paul Stevens' law firm in 1965, shares what it was like to watch Justice Stevens practice law, mentor younger lawyers and land a malfunctioning plane.

  • Keeping Conventional Power Going Until Renewables Mature

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    The U.S. Department of Energy, the Federal Energy Regulatory Commission and state regulators have a handful of tools to compel generators to delay the retirement of nuclear, coal and gas plants until greener options are more reliable, but their scope has not yet been tested in court, says Gordon Coffee at Winston & Strawn.

  • Community Solar Needs Clear, Flexible State Regulations

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    As states adopt and expand third-party solar development programs, regulators should streamline rules and avoid prescriptive requirements for developers, say Elliot Hinds and Diana Jeschke at Crowell & Moring.

  • How Carbon Capture Tax Credit Financing Would Work

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    Legislation recently introduced in the Senate would create a new tax-exempt financing option for carbon dioxide generating facilities that spend capital developing green countermeasures for carbon capture and sequestration, says Taylor Klavan of Squire Patton.

  • Answers To Key Legal Finance Ethics Questions

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    While there is discussion in some quarters about new regulations on commercial legal finance, the hands-off approach taken by the majority of courts and legislatures is an implicit recognition that it is already sufficiently regulated, says Danielle Cutrona of Burford Capital.

  • Federal Agencies Need A Uniform Record-Keeping Process

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    The administrative record is very important to federal agency litigation — as showcased in last month's U.S. Supreme Court decision concerning the addition of a citizenship question to the 2020 census — yet there is no set of consistent principles to guide agencies in compiling these official records, say attorneys at WilmerHale.

  • The Role Of Dictionaries In Last Term's High Court Decisions

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    Since 32 of the 67 decisions issued by the U.S. Supreme Court during its October term cite dictionaries, it’s worth reviewing the opinions to learn which dictionaries the justices consulted and how they used them, say Bruce Wessel and Brian Weissenberg of Irell & Manella.

  • How To Evaluate The Rise In Legal Employment

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    Although the rate of employment for law school graduates — which had been falling steadily — saw a small increase over the last year, other factors, such as fewer graduates overall and potential future job growth stagnation, temper the good news for those pursuing law degrees, say Tiffane Cochran and Tyler Grimm of AccessLex Institute.

  • Opinion

    The Business Case For Championing Diverse Legal Teams

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    Leveraging the collective strengths of a diverse workforce is not only the right thing to do, it’s a strategic imperative for any successful firm or business, says Louise Pentland, executive vice president and chief business affairs and legal officer of PayPal.

  • Rethinking The Tech-First Approach To Law Firm Solutions

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    When a lawyer complains about some workflow inefficiency they are having, the knee-jerk reaction of many firms is to look for a technology-based workaround. This overlooks the importance of human psychology and behavior, which may be the root of the problem, says Ryan Steadman of Zero.

  • Top 10 Techniques For Crafting A Dazzling Brief

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    Legal writing often falls flat not because it’s unorganized, but because it’s technically unsound and riddled with gaffes that cheapen and degrade it. Avoiding the most common mistakes will keep judges interested and, most importantly, make them trust you, says Daniel Karon of Karon LLC.

  • High Court's Knick Ruling Is A Big Win For Property Rights

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    The U.S. Supreme Court's decision in Knick v. Township of Scott puts an end to a Catch-22 that left property owners with no way to challenge violations of the Fifth Amendment's takings clause, and will likely trigger an increase in federal takings claims across the country, says Paul Beard of Alston & Bird.

  • Why New Tax Housing Subsidies Would Likely Fail

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    Last week, House representatives introduced a bill that would create a new tax credit for neighborhood revitalization, but research into the outcome of similar place-based investment tax incentives provides reason to hesitate, says Michelle Layser, assistant professor at University of Illinois College of Law.

  • Recent Tax Equity Rulings And The Renewable Energy Sector

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    While mirror Federal Claims Court decisions last week in the Bishop Hill Energy and California Ridge Wind Energy cases were favorable for the renewable energy industry, companies seeking project development grants from the U.S. Department of the Treasury may want to reconsider some of their practices, say David Burton and Keith Martin from Norton Rose.

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