Project Finance

  • November 15, 2019

    Calif., Allies Sue EPA Over Clean Air Act Wavier Rescission

    California and 22 other states on Friday sued the U.S. Environmental Protection Agency over its decision to rescind the Golden State's Clean Air Act waiver that allowed it to set its own greenhouse gas standards and run a zero-emissions vehicle program.

  • November 15, 2019

    Investors Knew Of Mozambique Graft, Boustani Jury Hears

    Jurors in the securities fraud trial of Privinvest Group executive Jean Boustani over a purported $2 billion fraud and kickback scheme involving Mozambican state-backed loans heard on Friday from a former emerging markets asset manager turned consultant who said corruption in the East African country was well known to investors.

  • November 15, 2019

    MDC Energy Strikes Funding Deal As Ch. 11 Battle Brews

    A Delaware bankruptcy judge on Friday gave her nod to oil and gas driller MDC Energy LLC's continued use of lender cash collateral in its Chapter 11 after a deal was struck on funding for a few more weeks as the debtors barrel toward a battle with secured lenders over control of the bankruptcy cases.

  • November 15, 2019

    Info Sharing Isn't Rate-Rigging, Big Banks Tell Cities

    Bank of America, Wells Fargo and a slew of other major financial institutions said Thursday that the two major cities accusing them of rigging bond rates are trying to spin standard information sharing into an antitrust conspiracy.

  • November 15, 2019

    Jay Peak Fraud Case Must Stay In Vt., Feds Say

    A developer accused of defrauding foreign investors in a Vermont EB-5 project shouldn’t be able to move the case out of state, federal prosecutors said Thursday, arguing that media coverage has been fair and the risk of prejudicing a jury in the upcoming trial is low.

  • November 14, 2019

    Mozambique Maritime Deals Were Legit, Boustani Jury Hears

    Attorneys for Privinvest Group executive Jean Boustani on Thursday sought to cast a different light on maritime projects in Mozambique that prosecutors say were at the center of a $2 billion fraud and kickback scheme, eliciting testimony from insiders at the Abu Dhabi-based shipbuilder who told jurors the projects were aboveboard.

  • November 14, 2019

    8th Circ. Stands By Keeping Gas Royalties Out Of Tribal Court

    The Tenth Circuit has rebuffed a request by Three Affiliated Tribes court officials that it rethink a ruling that tribe members' suits seeking royalties for the flaring of natural gas on reservation lands can’t be heard in tribal court, despite the officials’ claims the decision flouted U.S. Supreme Court precedent and trampled on tribal court authority.

  • November 14, 2019

    Energy Nominee Sticks To Perry's 'All Of The Above' Script

    President Donald Trump's nominee to head the U.S. Department of Energy told senators Thursday that he would continue to pursue the administration's pro-energy development policies, but distanced himself from the Ukraine impeachment controversy that has ensnared former Energy Secretary Rick Perry.

  • November 14, 2019

    Calif. Opens Investigation Into Utilities' Power Shutoffs

    California's utility overseer has announced that it will investigate whether Pacific Gas & Electric Co., Southern California Edison and San Diego Gas & Electric made the right decision when they shut off electric power to millions of people in an effort to prevent power lines from sparking wildfires.

  • November 14, 2019

    Wash. Localities Sue To Stop $4.2B Vehicle Tax, Fee Cuts

    Multiple Washington state localities have lodged a state court challenge to the constitutionality of a ballot measure that lowers or eliminates vehicle taxes and fees and will reduce state and local revenue by $4.2 billion over the next six years.

  • November 14, 2019

    Gas Well Construction Effects Only 'Temporary,' Court Says

    A western Pennsylvania town didn’t have to give extra weight to the “temporary” effects of building and drilling hydraulically fractured gas wells when considering its zoning laws, a state appellate court said Thursday.

  • November 14, 2019

    Callon Slashes Carrizo Deal In Bid To Gain Investor Support

    Callon Petroleum on Thursday slashed the value of its anticipated all-stock takeover of Carrizo Oil & Gas and delayed a shareholder vote on the transaction in hopes of drumming up greater shareholder support for the deal. 

  • November 14, 2019

    PennEast Will Ask Justices To Undo 3rd Circ. Pipeline Ruling

    Developers of the $1 billion PennEast pipeline said Thursday they will seek U.S. Supreme Court review of the Third Circuit's ruling that PennEast can't seize New Jersey-owned land for the project, claiming the decision threatens to stymie gas development nationwide.

  • November 14, 2019

    Philly Refinery Gets OK For Possible Ch. 11 Auction In Jan.

    PES Holdings LLC secured Delaware bankruptcy court approval Thursday for bid procedures that envision an auction in January for its crippled and idle south Philadelphia refinery, while affirming that an “as is, where is” provision in the procedures was not a blanket attempt to hand off environmental or other liabilities.

  • November 13, 2019

    SoCal Edison To Pay Cities, Counties $360M Over Wildfires

    Southern California Edison will pay $360 million to 23 cities, counties and special districts to settle claims of taxpayer losses caused by the 2017 Thomas and Koenigstein Fires, the 2018 Montecito Debris Flows and the 2018 Woolsey Fire, the utility and Baron & Budd PC announced Wednesday.

  • November 13, 2019

    Feds Rest In Case Of Alleged $2B Mozambican Loan Fraud

    New York federal prosecutors on Wednesday rested their monthlong case against Privinvest Group executive Jean Boustani, who stands accused of conspiring to defraud investors in $2 billion worth of loans used to finance state-backed maritime projects in Mozambique.

  • November 13, 2019

    Cell Tower Co. Sues Mass. Town Over Rejected Permit

    A wireless infrastructure company hit a Massachusetts town with a complaint in federal court Wednesday, alleging the town violated the Telecommunications Act by denying the company a permit to build a cell tower.

  • November 13, 2019

    Ore. Power Line Foes Fight BLM, Forest Service Approvals

    Opponents of a proposed long-distance power line in Oregon sued the Bureau of Land Management and the U.S. Forest Service over their authorizations for the project, which they say would permanently mar scenic areas that include portions of the historic Oregon Trail.

  • November 13, 2019

    SEC Urges 11th Circ. To Not Touch Its Win In $5M Fraud Row

    The U.S. Securities and Exchange Commission has urged the Eleventh Circuit not to overturn its win in a Georgia federal court case where an Alabama attorney was ordered to pay nearly $5 million for purportedly defrauding former NBA star Charles Barkley and other investors out of millions of dollars.

  • November 13, 2019

    Texas Pushes Back Against DOJ In Grid Project Law Case

    Texas has defended a recently enacted state law that dictates only incumbent transmission companies can build new power lines that connect to their existing systems, pushing back against arguments from the U.S. Department of Justice that the law discriminates against out-of-state entities.

  • November 13, 2019

    Ukraine Says Tatneft Award Ruling Exposes Sovereign States

    Ukraine is asking the U.S. Supreme Court to determine whether it has sovereign immunity in litigation filed by the Russian energy company PAO Tatneft to enforce a $112 million arbitral award, arguing that a lower court has made it "open season on sovereigns" in the District of Columbia.

  • November 13, 2019

    Ala. Tribe Fights Gambling Plan 'Misinformation Campaign'

    Alabama's Poarch Band of Creek Indians has blasted what the tribe says is a "public misinformation campaign" disparaging its proposed gambling plan that promises to fill the state's coffers with $1 billion in new revenue and create thousands of jobs.

  • November 13, 2019

    Arch Gets Green Light For $700M Opportunity Zone Fund

    Arch Real Estate Holdings has received approval to be a qualified business that will operate a $700 million opportunity fund targeting affordable housing projects in Puerto Rico, the Florida-based firm announced Wednesday.

  • November 13, 2019

    Insurer Asks For Win In Dolphins Stadium Renovation Fight

    Berkley Assurance is asking a New York federal court for a win against a contractor seeking coverage for a claim stemming from the renovation of the Miami Dolphins’ Hard Rock Stadium, arguing the contractor reported the claim after its policy expired.

  • November 12, 2019

    3 Firms Guide Deals For New Ironwood Midstream Co.

    Ironwood Midstream Energy Partners said Tuesday that a newly formed affiliate received a $400 million investment commitment and will acquire two midstream assets in deals shaped by Gibson Dunn & Crutcher LLP, Shearman & Sterling LLP and Sidley Austin LLP.

Expert Analysis

  • State Net

    Wildfire Responses Resonate Beyond California

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    Firefighting practices are often shared between states, so what California does, or doesn't do, to prevent and combat wildfires has impacts beyond its borders. One lesson learned this year is that power shutoffs to prevent fires cause more problems than they solve, says Lou Cannon of State Net Capitol Journal.

  • Justices' Maui Ruling Could Change Groundwater Permitting

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    Oral arguments at the U.S. Supreme Court in County of Maui v. Hawaii Wildlife Fund raise the possibility that the national permitting system for discharging wastewater into the ground will need to be retrofitted, says Marcia Greenblatt of Integral Consulting.

  • FERC Orders Advance Grid Operators' Energy Storage Plans

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    The Federal Energy Regulatory Commission recently approved two regional transmission organizations' energy storage proposals. But full integration of storage resources into the wholesale market will be complex — and ongoing litigation could force FERC to change its approach, say attorneys at Greenberg Traurig.

  • Texas Could Take Page From Mass.'s Judicial Selection Book

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    As Texas and other states review their judicial election processes, they would be well served by taking guidance from Massachusetts' Governor’s Council system, which protects the judiciary from the hazards of campaigning, says Richard Baker of New England Intellectual Property.

  • Federal Laws Continue To Hinder State Sports Betting Trend

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    Even as Colorado last week joined a growing wave of states legalizing sports betting, federal laws designed to assist states in gambling enforcement remain a roadblock to commonsense legislation and state cooperation in this area, says Dennis Ehling of Blank Rome.

  • Series

    Judging A Book: McKeown Reviews 'Conversations With RBG'

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    Reading Jeffrey Rosen’s "Conversations With RBG: Ruth Bader Ginsburg on Life, Love, Liberty, and Law" is like eavesdropping on the author and his subject while they discuss how the restrained judicial minimalist became the fiery leader of the opposition, says Ninth Circuit Judge M. Margaret McKeown.

  • Justices Seek Balance In Clean Water Act Case Arguments

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    In last week’s U.S. Supreme Court oral arguments in County of Maui v. Hawaii Wildlife Fund, justices searched for a standard for controlling indirect discharges to navigable waters that could prevent evasion of water quality protections without significantly expanding federal permitting requirements, say Ashley Peck and Alison Hunter of Holland & Hart.

  • Pipeline Projects Face New Questions On Landowner Rights

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    The tension between the rights of landowners and pipeline developers has come to a head in two federal appellate courts and a Federal Energy Regulatory Commission announcement, muddling the historical clarity of Natural Gas Act eminent domain authority, say attorneys at K&L Gates.

  • High Court's Disgorgement Ruling Could Curb SEC Authority

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    The U.S. Supreme Court recently agreed to review Liu v. U.S. Securities and Exchange Commission, which challenges the SEC's ability to obtain disgorgement from federal courts, and has the potential to significantly restrict the regulator's enforcement power, say attorneys at Cleary.

  • What CBP's Jones Act Changes Mean For Offshore Industries

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    U.S. Customs and Border Protection's recently proposed changes to its interpretations of the Jones Act — especially concerning the definition of "vessel equipment" — will have significant impacts on the offshore oil, gas and wind industries, says Charlie Papavizas of Winston & Strawn.

  • Opinion

    Flat-Fee Legal Billing Can Liberate Attorneys

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    Replacing hourly billing with flat-fee arrangements, especially for appellate work, will leave attorneys feeling free to spend as much time as necessary to produce their highest quality work, says Lawrence Ebner of Capital Appellate Advocacy.

  • Spoliation Rule Remains Ambiguous Despite Amendments

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    Although the Federal Rules of Civil Procedure were amended to provide a uniform standard of culpability for spoliation, cases with similar facts are still reaching differing results because the rule does not specify how a court should evaluate a party's intent, say attorneys at Pepper Hamilton.

  • 5 Trends Influencing RFPs For Law Firms

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    Requests for proposals, the standard tool of companies evaluating law firms, are becoming better suited to the legal industry, says Matthew Prinn of RFP Advisory Group.

  • How DOJ Suit Could Affect Calif. Cap-And-Trade Plan

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    California's greenhouse gas emissions cap-and-trade program, currently linked to a similar program in Quebec, is likely to survive the Trump administration's recent lawsuit against it, but the case could still reshape federal-state relations and redefine the limits of state authority on the international stage, say attorneys at Beveridge & Diamond.

  • What Industry, Investors Think Of The Proposed CFIUS Regs

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    Comments on the U.S. Department of the Treasury's proposed regulations to expand and modernize the Committee on Foreign Investment in the United States offer insight into investment community concerns and questions, as well as alternatives that would affect U.S. and foreign entities alike, say attorneys at Simpson Thacher.