Project Finance

  • January 24, 2020

    'Overbuilding' Pits Faster Web Speeds Against New Coverage

    The Federal Communications Commission is tasked with funding internet connections in remote areas where connectivity wouldn't flourish naturally, but balancing the distribution of those subsidies quickly turns contentious.

  • January 24, 2020

    Fifth Third Bank Pledges $100M For Opportunity Zone Projects

    Fifth Third Bank will invest $100 million in low-income areas known as opportunity zones through partnerships with the National Equity Fund, Raymond James and two other fund partners, it said Friday.

  • January 24, 2020

    Texas Co. Sued Over Funds From $140M Hospital Delay Deal

    A steel manufacturer and a construction company accused a joint venture that was contracted to build a military hospital for $648 million of skimping on payments owed after reaching a settlement with the U.S. Army Corps of Engineers over project delays.

  • January 24, 2020

    Thin Texas Nexus Kills $2.5B Wind Farm Contractor's Suit

    A Texas federal judge has dismissed a contractor’s suit accusing U.S. Wind of improperly canceling its contract to install a meteorological tower as part of a $2.5 billion Maryland offshore wind farm, deciding the allegations were only tenuously connected to Texas and therefore filed in the wrong court.

  • January 23, 2020

    Attys Doomed Shot At $1.26M Tax Credit, Metal Co. Claims

    A Chicago-based metal coating company has claimed in Illinois state court that two attorneys ruined its chance to receive $1.26 million in state tax credits for an expansion project by misrepresenting the status of its application.

  • January 23, 2020

    Sheppard Mullin Nabs Wind, Solar Energy Whiz In LA

    Sheppard Mullin Richter & Hampton LLP has landed a renewable energy deals expert from Crowell & Moring LLP, bringing on a partner who has spent decades bringing some of the country's largest wind and solar energy projects to fruition.

  • January 23, 2020

    Pa. Fracking Trespass Ruling No Clear Win For Drillers

    While the Pennsylvania Supreme Court handed fracking companies a win this week when it decided a 150-year-old rule shields them from trespassing liability when a well drilled on one property taps into oil and gas below a neighboring property, experts say the ruling leaves wiggle room for landowners to sue.

  • January 23, 2020

    States Tells Justices $7B Pipeline Can't Cross Trail

    A slew of states on Wednesday asked the U.S. Supreme Court to find that the $7 billion Atlantic Coast gas pipeline should not be given a right-of-way to cross the Appalachian Trail.

  • January 23, 2020

    Philly Refinery Creditors Urged To Oppose $240M Ch. 11 Deal

    Unsecured creditors in the Chapter 11 case of refinery operator Philadelphia Energy Solutions were urged Thursday to reject the debtor's plan to sell the refinery because the deal doesn't offer the highest and best consideration.

  • January 23, 2020

    Enviro Claims FERC Approved Unneeded $286M Pipeline

    The Environmental Defense Fund is asking the D.C. Circuit to invalidate the Federal Energy Regulatory Commission’s approval of a proposed $286 million, 65-mile gas pipeline in Illinois and Missouri, arguing that the agency did not adequately evaluate the project before issuing its decision. 

  • January 23, 2020

    Baker Botts Adds Oil & Gas Partner From Thompson & Knight

    Baker Botts LLP has hired a Thompson & Knight LLP partner experienced in advising midstream and upstream oil and gas clients on mergers and deals to the firm’s global projects department in Austin, it announced Wednesday.

  • January 23, 2020

    Texas Court Changes Course To OK Permian Lease Fight Win

    A Texas appellate court on Thursday determined Pathfinder Oil & Gas Inc. is entitled to a 25% working interest in a group of Permian Basin leases, after the Texas Supreme Court held the court had wrongly wiped out a verdict for Pathfinder.

  • January 23, 2020

    EPA Narrows Federal Oversight Of Water Pollution

    The Trump administration on Thursday officially narrowed the federal government's permitting authority under the Clean Water Act, in a final rewrite of a rule that replaces a controversial and broader Obama-era policy the president already rescinded.

  • January 23, 2020

    FERC Commissioner McNamee Won't Seek New Term

    Bernard McNamee, a Republican commissioner on the Federal Energy Regulatory Commission, said Thursday that he won't seek another term at the agency when his current term expires June 30, which raises the possibility that the agency will lack a quorum of commissioners for the second time in three years.

  • January 22, 2020

    DC Circ. Won't Reconsider EPA Pollution Policy Ruling

    The D.C. Circuit on Wednesday rejected a request by environmentalists and California to reconsider a split panel's ruling that courts can't review a U.S. Environmental Protection Agency memorandum rescinding its "once in, always in" air pollution permitting policy.

  • January 22, 2020

    Congress Weighs In On SEC Disgorgement Power Challenge

    Two dozen members of Congress told the U.S. Supreme Court on Wednesday that stripping the U.S. Securities and Exchange Commission's power to seek disgorgement in civil cases would upend decades of legislation and buck sound precedent undergirding the nation's securities laws.

  • January 22, 2020

    Par Petroleum Wants Storage Cap Undone After Rival Closes

    The Federal Trade Commission is seeking the public's input on Par Petroleum Corp.'s plan to change up its agreement for storing petroleum at a Hawaii terminal, for which it needs the agency's permission following a 2015 antitrust settlement.

  • January 22, 2020

    Snell & Wilmer Fights DQ Bid In EB-5 Project Suit

    Snell & Wilmer LLP fired back at a bid to boot it from representing entities alleged to be at odds with each other in a suit from Chinese investors seeking to recoup money they sank into a condo project as part of the EB-5 visa program, saying there’s no basis for disqualification.

  • January 22, 2020

    Securities Law Firms Vie For Lead In Energy Transfer Suit

    Prominent firms well-versed in securities law submitted bids Tuesday to lead or help lead a proposed shareholders’ class action against pipeline company Energy Transfer LP.

  • January 22, 2020

    Comptroller Balks At Calls For Extra Time On Lending Rules

    The head of the Office of the Comptroller of the Currency said Wednesday that he is not inclined to give more time for the public to weigh in on a proposed overhaul of regulations requiring banks to lend in underserved communities, despite objections from Democratic lawmakers and advocacy groups that the rules changes are being rushed through.

  • January 22, 2020

    MasTec Says Bribes Cost It $500M In Puerto Rico Work

    Florida-based engineering firm MasTec sued Mammoth Energy Services unit Cobra Acquisitions Tuesday, claiming a bribery scheme diverted $500 million worth of repair work for fixing Puerto Rico's hurricane-damaged electrical grid from MasTec to Cobra.

  • January 22, 2020

    Energy Cos. Tell 1st Circ. Climate Case Belongs In Fed. Court

    Energy giants including Chevron and Shell have again urged the First Circuit to find federal courts have jurisdiction over Rhode Island's suit seeking to force the companies to pay for climate change-related costs, arguing the dispute doesn't belong in state court.

  • January 22, 2020

    Keystone Pipeline Gets Crucial Federal Permit In Montana

    The U.S. Department of the Interior on Wednesday gave TC Energy's Keystone XL pipeline a boost by opening up a path for the controversial project across federal land in Montana.

  • January 22, 2020

    More Navajo Landowners Can't Join NM Anti-Fracking Suit

    Nearly 200 Navajo landowners can't join a group of tribe members backing the Bureau of Land Management in a challenge from environmental groups over oil and gas drilling permits in the Mancos Shale, a New Mexico federal court has ruled.

  • January 22, 2020

    5G Expansion Plans Require Larger Workforce, Sens. Told

    Congress and government agencies must find ways to expand the workforce for infrastructure laborers as the demand for installing 5G equipment explodes, the Senate Commerce Committee heard Wednesday.

Expert Analysis

  • Unpacking The Final Opportunity Zone Regulations: Part 1

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    In his two-part article on the U.S. Department of the Treasury's final regulations for the opportunity zone tax regime, Tucker Thoni at Gray Robinson highlights important differences between the proposed and final regulations that should increase taxpayer confidence in the investment program.

  • ABA Rules For Departing Attys Set Unprecedented Limits

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    Groundbreaking rules from the American Bar Association impose new standards on how law firms can govern departing lawyers’ contact with clients, placing major restrictions on this ubiquitous practice, say Amy Richardson and Hilary Gerzhoy at Harris Wiltshire.

  • Nissan Ex-CEO Illustrates Do's And Don'ts Of Image Repair

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    Lawyers can draw a number of useful lessons about reputation management from the efforts of former Nissan executive Carlos Ghosn — who recently escaped house arrest in Tokyo — to restore his sullied reputation, says Elizabeth Ortega at ECO Strategic Communications.

  • 3 Concerns If Your Witness Becomes Flippant At Deposition

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    In light of a recent Delaware Supreme Court case in which a litigator was rebuked for failing to control his evasive witness during a deposition, attorneys should consider when they may be held responsible for client misconduct and what to do if a client crosses the line, says Philip Sechler of Robbins Russell.

  • Energy Storage As A Transmission Asset In Regional Markets

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    The Federal Energy Regulatory Commission has approved energy storage as a generation asset, but regional markets, including the Midcontinent Independent System Operator and ISO-New England, would benefit from rules for compensating storage as a transmission asset, say Derya Eryilmaz and Caroline Heilbrun of Charles River Associates and Rao Konidena of Rakon Energy.

  • Takeaways From Exxon’s Winning OFAC Penalty Challenge

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    A recent Texas federal court decision overturning a $2 million Office of Foreign Assets Control fine against Exxon provides insight into OFAC's enforcement of complex sanctions and when its practices may not provide proper notice to companies subject to U.S. sanctions, say Aaron Hutman and Zachary Rozen at Pillsbury.

  • NY State Flexes Muscles With Energy Service Co. Restrictions

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    The New York State Public Service Commission's new regulations for energy service companies — imposing enhanced eligibility criteria, price caps, and limitations on products and services — raise concerns about how the commission might impose similar restrictions in the broader distributed energy resource markets, say Thomas Puchner and Kevin Blake of Phillips Lytle.

  • How Associate Life Has Evolved Over The Past Decade

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    During the last 10 years, the need to embrace change was fundamental for law firms, and that change affected associates in many ways — most, but not all, for the better, says Brad Kaufman, co-president of Greenberg Traurig.

  • What's Changed And What's The Same In Final CFIUS Rules

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    The U.S. Department of the Treasury’s final rules implementing the Foreign Investment Risk Review Modernization Act complete the revamp of the Committee on Foreign Investment in the United States, which will be more complex and better resourced to address evolving national security risks that arise in the context of foreign investments, say attorneys at Akin Gump.

  • Energy Cos. Face China State Secrecy Law Risks

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    Multinational energy and natural resources companies doing business in China face particular risks related to China's state secrecy laws, due to the broad and vaguely defined range of information that may be classified as secret, say Alvin Xiao and Fabian Roday of Fangda Partners.

  • White House NEPA Overhaul Likely To Face Legal Challenges

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    The White House Council on Environmental Quality's recently proposed revisions to regulations implementing the National Environmental Policy Act are virtually certain to be challenged in the courts — especially a proposal to eliminate evaluations of projects' cumulative environmental impacts, say attorneys with Perkins Coie.

  • Liquefied Natural Gas: A Power Solution For Isolated Markets

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    A survey of recent liquefied natural gas power projects demonstrates that they are an excellent solution for reducing the carbon footprint of electricty generation activities in isolated markets, say David Lang and Carli Gish of King & Spalding.

  • Series

    Judging A Book: Dyk Reviews 'Democracy And Equality'

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    In their new book "Democracy and Equality: The Enduring Constitutional Vision of the Warren Court," Geoffrey Stone and David Strauss provide valuable context for U.S. Supreme Court decisions under Chief Justice Earl Warren that have profoundly affected the country, but their overly protective attitude sometimes obscures reality, says Federal Circuit Judge Timothy Dyk.

  • 7 Insider Tips For Working With In-House Counsel

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    For outside firms wondering how to best support busy in-house lawyers, several practices can help navigate critical legal issues and novel business challenges while strengthening the working relationship, says Virginia Hudson, associate general counsel at Capital One.

  • 50 Years Later, Interpretive Challenges Remain For RICO

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    In the 50 years since the Racketeer Influenced and Corrupt Organizations Act was passed, courts' attempts to clarify the statute have had some success, but many interpretive dilemmas remain unresolved, says Randy Gordon of Barnes & Thornburg.