Project Finance

  • September 13, 2019

    Bankrupt Philadelphia Refinery Gets $50M Insurance Advance

    The bankrupt owner of a Philadelphia-area refinery told the Delaware bankruptcy court Thursday that a group of insurers are set to make a $50 million advance in business interruption insurance funds in its Chapter 11 following a June blaze that forced the plant’s closure.

  • September 13, 2019

    Fla. Co. Alleges Nonpayment In $1.2M Air Force Subcontract

    A Miami construction company has accused an insurer of refusing to fork over more than a quarter million dollars for work it says it performed under a $1.2 million subcontract for an Air Force communications facility.

  • September 13, 2019

    PG&E Pledge Won't End FERC-Bankruptcy Court Tug Of War

    Pacific Gas and Electric Co.'s pledge to honor its power purchase agreements as it moves through Chapter 11 may ease the minds of the utility's contracted electricity suppliers, but it won't douse the simmering legal fight over whether bankruptcy courts or the Federal Energy Regulatory Commission get to determine the fate of such contracts.

  • September 13, 2019

    FTC Clears $160M Pipeline Deal After Noncompete Nixed

    The Federal Trade Commission has withdrawn its challenge to Nexus Gas Transmission’s plan to pick up an Ohio pipeline for $160 million after the company agreed to drop a noncompete clause from the deal, the agency said Friday.

  • September 13, 2019

    DOI Clears Way For Energy Development In Arctic Refuge

    The U.S. Department of the Interior has moved forward on a plan for oil and gas development in Alaska, clearing a hurdle that was condemned by environmentalists and Native groups and praised by oil groups and Republican politicians.

  • September 13, 2019

    PG&E, Insurers Cut $11B Deal Over Calif. Wildfires

    A group of insurance companies with claims against Pacific Gas and Electric for payouts they made to victims of California's 2017 and 2018 wildfires announced Friday that it has agreed to settle with the bankrupt utility for $11 billion.

  • September 13, 2019

    Deals Rumor Mill: Inpex, Avaya, KKR

    Inpex Corp. is looking to expand in Australia, Avaya is discussing a deal to establish a joint venture with RingCentral, and KKR could sell its electric locomotives leasing unit ELL.

  • September 13, 2019

    DC Circ. Says EPA Must Set Cross-State Emission Deadlines

    The D.C. Circuit on Friday said the U.S. Environmental Protection Agency should have imposed ozone emission reduction deadlines on states whose pollution makes it harder for states that lie downwind to comply with limits imposed by the Clean Air Act.

  • September 13, 2019

    States Forge Ahead On Renewables, With Or Without The Feds

    Energy officials from California, Massachusetts and New York on Friday said the Trump administration has stifled progress in the renewable energy sector, but touted their own programs as models for other states and cities that want to move in that direction.

  • September 12, 2019

    200 Affected In Gold King Spill May Get To Jump Line In MDL

    Individual plaintiffs from New Mexico who have waited years to bring their damages claims against polluters in multidistrict litigation over Colorado's Gold King Mine spill may get their shot at a trial in August 2021, according to a recommendation filed Wednesday.

  • September 12, 2019

    Gov't Slams Tetra Tech's Bid To Escape Navy Cleanup Suit

    The U.S. government urged a California federal court not to free Tetra Tech from its lawsuit over falsified soil samples, arguing that the company improperly used an internal investigation to discredit its false claims allegations.

  • September 12, 2019

    Enviros Say Costs Of Uranium Mine Not Properly Evaluated

    A coalition of environmental groups has told an Arizona federal court that the U.S. Forest Service failed to sufficiently analyze the cost of a uranium mining project it approved near the Grand Canyon, saying certain key expenses were not considered when the agency found the project would be profitable.

  • September 12, 2019

    House Passes 3 Bills Banning Offshore, Alaska Drilling

    The U.S. House of Representatives voted to ban oil drilling off vast sections of the nation's coasts and in an environmentally sensitive part of Alaska, passing a trio of bills Wednesday and Thursday in a swipe at President Donald Trump's push to expand fossil fuel production.

  • September 12, 2019

    Chinese Investors Get Class Cert. In $50M Project Fraud Suit

    An Illinois federal judge on Wednesday granted class certification to a group of Chinese investors who claim they poured about $50 million into a Chicago real estate project as a path to a green card, only to find out nothing was ever built.

  • September 12, 2019

    New Mexico City Says Solar Boosters Can't Fight Utility Fees

    A New Mexico city on Wednesday urged a federal judge to dump the bulk of a lawsuit accusing its utility of imposing unlawful and discriminatory monthly fees on rooftop solar owners, saying most of the challengers don't have standing to pursue claims that the utility is violating the Public Utility Regulatory Policies Act.

  • September 12, 2019

    Fracking Trespass Claims Will Ruin Industry, Pa. Justices Told

    An attorney for a Southwestern Energy Corp. unit told the Pennsylvania Supreme Court on Thursday that the state’s booming energy industry would be decimated if drillers were forced to face trespassing claims when a hydraulically fractured well on one property taps into natural gas trapped beneath a neighboring property.

  • September 12, 2019

    EPA, Corps Officially Sink Controversial Obama Water Rule

    The Trump administration on Thursday officially rolled back the Obama administration's effort to clarify federal jurisdiction under the Clean Water Act, a move that will eliminate a regulatory patchwork and trigger vigorous litigation.

  • September 11, 2019

    BART’s Delays Botched Retail Plans, Jury Told In Closings

    A developer appealed to a California jury’s experience with train delays during closing arguments Wednesday at a trial over claims that BART derailed plans to bring stores like Dunkin' Donuts and Ghirardelli Chocolate to stations, saying the transit system delayed its plans and missed contractual deadlines.

  • September 11, 2019

    9th Circ. Shoots Down City's Challenge To Calif. Grid Project

    The city of San Juan Capistrano lacks standing to challenge the California Public Utility Commission’s approval of an electrical grid project on constitutional grounds in federal court, the Ninth Circuit held Wednesday, affirming a district court’s 2017 dismissal of the suit.

  • September 11, 2019

    Atty Slams Bid To Remove Judge From BP Oil Spill MDL

    A Louisiana federal court should deny a Florida attorney's motion for a judge to recuse himself from sprawling multidistrict litigation over the 2010 Deepwater Horizon oil spill as the alleged conflicts are minimal at best, irrelevant to present matters and have since been mitigated, a Louisiana lawyer has argued.

  • September 11, 2019

    Ch. 11 Auction Suit Against Chopper Co. Dismissed

    A New York bankruptcy judge has dismissed asset manager Macquarie Group's claim that a helicopter leasing company violated a nondisclosure agreement when it bought choppers that Macquarie had unsuccessfully bid on at auction from bankrupt Waypoint Leasing's fleet.

  • September 11, 2019

    3rd Circ. Gives States Extra Weapon To Fight Gas Pipelines

    As the Trump administration moves to limit states' ability to review and potentially block interstate gas pipelines, the Third Circuit gave states a powerful backup option to veto projects in a ruling that pipeline developers can't seize state-owned land via eminent domain.

  • September 11, 2019

    Enviros Target Minn. Mine's Impact On Wetlands In Suit

    Environmental groups have challenged the U.S. Army Corps of Engineers' decision to give a Clean Water Act permit to a planned open-pit copper sulfide mine and plant in Minnesota, arguing efforts to protect wetlands were improperly changed at the last minute.

  • September 11, 2019

    Norton Rose Prevails, Again, Over PE Firm's Fraud Claims

    A Connecticut private equity firm that lost a legal malpractice suit against Norton Rose Fulbright last year was handed another defeat Wednesday when a New York state judge threw out its fraud suit against the law firm and a group of companies that allegedly cheated the PE firm in a power plant deal.

  • September 11, 2019

    2 Foley Attys Must Hit The Road In Family Biz Fight, Court Told

    Two shareholders litigating a yearslong family spat over the value of their shares in a road construction company urged a Wisconsin federal court Tuesday to disqualify a pair of Foley & Lardner LLP attorneys the shareholders claim are key witnesses in the case.

Expert Analysis

  • Opinion

    Utilities Need Timely Project Review For Reliable Service

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    National Parks Conservation Association v. Semonite, in which a Virginia utility faces possibly having to dismantle a previously approved transmission line due to drawn-out litigation, points to the need for time limits on court review of infrastructure projects, say Alan Seltzer and John Povilaitis of Buchanan Ingersoll.

  • The Factors Courts Consider In Deposition Location Disputes

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    In the absence of a federal rule governing deposition location, federal courts are frequently called on to resolve objections to out-of-state deposition notices. Recent decisions reveal what information is crucial to courts in making the determination, says Kevin O’Brien at Porter Wright.

  • What To Consider Before Filing For A Rule 57 Speedy Hearing

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    Federal Rule of Civil Procedure 57 and its state counterparts provide a method for expediting claims for declaratory judgment that warrants closer attention than it has historically received from litigants and courts, say attorneys at Gibson Dunn.

  • Congress' Clean Energy Plans Carry Major Market Implications

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    A number of bills recently introduced in Congress seek to expand market penetration of renewable energy resources. This will mean significant changes to regulatory structures and the operation of wholesale electricity markets, and will require forward planning by all industry participants, say George Cannon and Andrew Phillips of Akin Gump.

  • Series

    Why I Became A Lawyer: Expanding The Meaning Of Diversity

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    My conservative, Catholic parents never skipped a beat when accepting that I was gay, and encouraged me to follow my dreams wherever they might lead. But I did not expect they would lead to the law, until I met an inspiring college professor, says James Holmes of Clyde & Co.

  • Legal Options For Pipeline Companies Stymied By Tree-Sitters

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    While a Virginia federal judge recently rejected efforts by Mountain Valley Pipeline to join two unnamed tree-sitters as defendants in a Natural Gas Act eminent domain action, the court's opinion points toward other remedies available to pipeline companies facing tree-sitter obstruction, says Arthur Schmalz of Hunton.

  • How The Wayback Machine Can Strengthen Your Case

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    The Wayback Machine, which archives screenshots of websites at particular points in time, can be an invaluable tool in litigation, but attorneys need to follow a few simple steps early in the discovery process to increase the odds of being able to use materials obtained from the archive, says Timothy Freeman of Tanenbaum Keale.

  • Opinion

    Draft Civil Procedure Jurisdictional Rule Needs A Tweak

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    The Judicial Conference Advisory Committee’s proposed addition to Federal Rule of Civil Procedure 7.1 needs to be amended slightly to prevent late-stage jurisdictional confusion in cases where the parties do not have attributed citizenship, says GianCarlo Canaparo at The Heritage Foundation.

  • Compliance Monitor May Help With CFIUS Approval

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    The ability of a Chinese company to gain approval from the Committee on Foreign Investment in the U.S. for acquisition of a U.S. tech company may not hinge as much on the extent to which the technology is critical to national security as it will on convincing the government that the technology can be protected, says ​​​​​​​J. Keith Ausbrook at Guidepost Solutions.

  • US Aid Agency Launch May Not Meet Expectations

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    While some expect the new U.S. International Development Finance Corporation, which launches Oct. 1, to significantly affect markets in need of development funding, its modest initial budget is disheartening, say Thomas Trimble and John Bryant at Winston & Strawn.

  • How A New Law Affects Texas Wind Farm Leases

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    Wind energy developers should note that a new Texas law, imposing specific obligations on them related to the removal of wind projects, contains financial assurance provisions that are more landowner-centric than project-centric, says Madison Benedict at Husch Blackwell.

  • New Best Practices Under E-Discovery Spoliation Rule

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    The amended Federal Rule of Civil Procedure 37(e) provides explicit criteria for imposing sanctions when electronically stored information has been lost during discovery, but courts are still not consistently applying the new rule, with some simply ignoring it in favor of inherent authority, say Matthew Hamilton and Donna Fisher at Pepper Hamilton.

  • How Law Firms Can Create Content Decision Makers Will Read

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    According to our recent survey, the one simple attribute that attracts both in-house counsel and C-suite executives to content is utility, but it’s also clear that both groups define utility differently and prefer different content types, says John Corey of Greentarget.

  • ESA Rule Changes Less Drastic Than Critics Claim

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    While environmentalists say that revised Endangered Species Act implementing regulations recently published by the U.S. Fish and Wildlife Service and National Marine Fisheries Service will gut the law, many of the updates are consistent with the services’ long-standing policies and practices, say Rebecca Barho and Brooke Wahlberg of Nossaman.

  • 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.