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Project Finance
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May 17, 2013
Trans Adriatic Gas Pipeline Gets Crucial EU Approval
The European Commission has formally approved the Trans Adriatic Pipeline’s application for a third-party access exemption, which will allow it to export gas from Azerbaijan to Europe for a period of 25 years, TAP announced Friday.
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May 17, 2013
Revised Federal Fracking Rule Gives Industry Breathing Room
While oil and gas operators may grumble about the Obama administration's revised hydraulic fracturing rule creating another layer of regulations, attorneys say the industry should be pleased that the current version strives for greater harmony with well-established state regulations and imposes less onerous requirements than the previous edition.
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May 17, 2013
Continental Ducks Shareholder Suit Over $313M Oil Asset Buy
An Oklahoma federal judge on Thursday dismissed a lawsuit accusing Continental Resources Inc. of withholding information from shareholders about a $313 million oil assets acquisition, ruling that Continental executives didn't breach their fiduciary duties because a proxy statement contained enough information about the deal.
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May 17, 2013
Sullivan & Worcester Snags Leading Energy Finance Partner
Sullivan & Worcester LLP has bolstered its environment, energy and natural resources group in its Washington, D.C., office with a veteran lawyer experienced in attracting moneyed partners while designing renewable energy project financings, the law firm announced Thursday.
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May 17, 2013
DOE Approves 2nd LNG Foreign Export License In Texas
Texas-based Freeport LNG Extraction LP on Friday became the second U.S. liquefied natural gas producer to receive U.S. Department of Energy approval to export domestically produced natural gas to countries outside the nation's free trade agreements, the department said.
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May 17, 2013
Enviros Sue To Block Tenn. Mountaintop-Removal Projects
Environmental groups including the Sierra Club sued the U.S. Interior Department in Tennessee federal court on Thursday, claiming the agency approved two mountaintop-removal coal mining projects in the state without properly considering their impact on two protected species of fish.
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May 16, 2013
Donald Trump Fights $350M Scottish Wind Project
Real estate mogul and television personality Donald Trump has gone to court in Scotland to challenge the Scottish government's approval of a $350 million offshore wind project slated for development near Trump's new $1.1 billion golf resort, his company said Thursday.
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May 16, 2013
Senate Confirms Moniz As Energy Secretary
The U.S. Senate on Thursday overwhelmingly confirmed Massachusetts Institute of Technology physicist Ernest Moniz as the new energy secretary, with not a single senator casting a dissenting vote.
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May 16, 2013
DOI's Revised Fracking Rules Draw Heat From All Sides
The Obama administration unveiled revised rules for hydraulic fracturing on public lands Thursday that environmentalists denounced as a cop-out to the energy industry, while oil and gas groups only offered tepid support due to concerns that the rules will overlap with state regulations.
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May 16, 2013
Pa. Rep. Proposes Natural Gas Tax To Fund Transportation
A Pennsylvania state lawmaker unveiled a package of bills Wednesday that would fund transportation projects and infrastructure across the commonwealth by imposing a severance tax on natural gas extracted from the Marcellus Shale and closing a loophole allowing companies to shift certain taxable assets out of state.
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May 16, 2013
Australia OKs $1B Rio Tinto Mine, With Conditions
Rio Tinto Group on Wednesday won approval for a $1 billion bauxite mining project from Australian regulators after more than a year of delays, provided the company matches dozens of restrictions imposed by the government to safeguard marine life and the sprawling Great Barrier Reef.
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May 16, 2013
Calif. DOT Hit With Enviro Suit Over $26M Highway Expansion
A trio of conservation groups sued the California Department of Transportation in state court Tuesday, contending a $26 million highway-widening project was not given a proper environmental review and will threaten redwoods, salmon communities and more.
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May 16, 2013
Christie Unveils $300M Plan To Buy Homes Hit By Sandy
New Jersey Gov. Chris Christie on Thursday unveiled a $300 million buyout program that will use federal funding to purchase 1,300 homes that were devastated by Hurricane Sandy or lie in the flood-prone Passaic River basin from willing homeowners, creating open spaces that can ease future flood damage.
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May 16, 2013
Australia Greenlights $23.6B In Infrastructure Spending
The Australian government has approved roughly AU$24 billion ($23.6 billion) in transportation infrastructure spending over the next six years, bringing its total investment under an infrastructure program unveiled in 2008 to nearly AU$60 billion.
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May 16, 2013
Aussie Enviro Official OKs Aquila Iron Ore Port Project
Australia's environment chief on Thursday approved a blockbuster iron ore port project by Aquila Resources Ltd. and a U.S.-based coal company, subject to 45 specific conditions to preserve the area.
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May 16, 2013
Glencore Tightens Hold On Merged Co. As Xstrata Execs Axed
Glencore PLC tightened control over its newly expanded commodities empire on Thursday as shareholders voted out legacy directors from Xstrata PLC, whose grueling $33 billion tie-up with Glencore — billed as a merger of equals — closed just two weeks ago.
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May 15, 2013
Japan Boosts Global Energy Game Post-Fukushima
The devastation of Japan's nuclear power industry following the Fukushima disaster has fueled the country's appetite for alternate energy sources such as renewables and liquefied natural gas, creating a wealth of opportunities for global energy developers to find new investors, new project partners and new customers.
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May 15, 2013
OCI Closes Record $1.2B In Bonds For Iowa Fertilizer Plant
An Iowa subsidiary of Dutch nitrogen fertilizer company OCI NV closed nearly $1.2 billion in noninvestment grade, tax exempt bonds on Wednesday — the largest such closing in U.S. history — to finance a natural gas-powered fertilizer production plant in the state.
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May 15, 2013
Chilean Enviro Board OKs 310-MW Wind Park Project
Chile's environmental regulator has given power company E-CL the green light to complete its $685 million Calama wind farm project with the last of three wind parks, the company said in a statement Tuesday.
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May 15, 2013
UK, Norway Advance Plan For $2B Subsea Grid Link
British electric and gas company National Grid and Norwegian transmission system operator Statnett confirmed on Wednesday that they have signed a cooperation agreement to continue working on a multibillion-dollar, 1,400 MW capacity subsea interconnector to link the two countries by 2020.
Expert Analysis
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Rise Of The Machines — Predictive Coding Goes Mainstream
The pros of using predictive coding far outweigh the cons. Given the heavy pressure on law firms and in-house counsel to reduce discovery costs, as well as the Justice Department's recent stance on the subject, it appears predictive coding will continue to emerge from the obscure world of legal technology to the mainstream of legal practice, say Michael Moscato and Myles Bartley of Curtis Mallet-Prevost Colt & Mosle LLP.
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The Oil And Gas Operator's Texas Advantage
The interpretation by the Supreme Court of Texas in Reeder v. Wood County Energy LLC grants vast protection to oil and gas operators, but by doing so, it is perceived by some as muddling the differences between tort and contract law, says Michael Bolton and Kate Kalanick of Faegre Baker Daniels LLP.
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Know Your Risks Before Going Green In Construction
Although there are benefits to “going green” in the construction, development and operation of buildings, there are also risks unique to green building that will test the boundaries of coverage under typical liability insurance policies, say attorneys with Sedgwick LLP.
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4th Circ. Weighs In On Bona Fide Purchaser Defense
The Fourth Circuit recently issued a ruling in PCS Nitrogen Inc. v. Ashley II of Charleston that may limit the availability of the bona fide prospective purchaser defense. By narrowly construing one of the elements of the BFPP defense, the court has underscored the importance of strict compliance with all requirements of the defense, say attorneys with K&L Gates LLP.
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The Who, What And Why Of Public-Private Partnerships
Public-private partnerships have been used in a wide range of sectors to provide public services, from power plants and railroads to hospitals and sanitation plants. Yet there are a variety of potential contractual arrangements and the financing of a PPP can be complex, say Maryam Khosharay and Herbert Glaser of Haynes and Boone LLP.
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Latest In EPA's Series Of Aggressive Coal Plant Rules
Recently, the U.S. Environmental Protection Agency announced proposed technology-based effluent limitation guidelines and standards for steam electric power-generating units. These guidelines will certainly impose significant costs, and when coupled with the cost of the EPA’s rules under the Clean Air Act, there can be little question that some coal-fired facilities will close as a result, say attorneys with Latham & Watkins LLP.
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Pros And Cons Of Recent Renewable Energy Bill
While the recently introduced bill permitting renewable energy projects to use a master limited partnership structure seems like good policy, there is concern that opening the MLP franchise to projects without a strong track record of producing steady cash flows could result in failed projects and cast a pall over the entire investment category, say attorneys with Sidley Austin LLP.
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Flaws In NY Court's Ruling Of Recent Natural Gas Cases
Recently, a New York appellate court upheld lower court decisions in Norse Energy Corp. USA v. Town of Dryden and Cooperstown Holstein Corp. v. Town of Middlefield, which found municipal bans on natural gas development to be a valid exercise of home rule. There are a number of reasons, however, that the court should have instead overturned these decisions, says Yvonne Hennessey of Hiscock & Barclay LLP.
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A Troubling Surprise For Construction Projects
Recently, the D.C. Circuit surprisingly overturned a decision that invalidated the U. S. Environmental Protection Agency’s attempt to veto a Clean Water Act “dredge and fill” permit, putting several construction projects under threat of losing permit authorization. Although the case specifically refers to a coal mining operation in West Virginia, it has serious implications beyond the coal industry and state, say attorneys with Dinsmore & Shohl LLP.
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National Ocean Plan Affects A Sea Of Users
Recently, the National Ocean Council released its final national ocean policy implementation plan, identifying specific actions for federal agencies to undertake to bolster the nation's ocean economy and improve ocean health. These actions could broadly impact a wide range of ocean uses, including offshore energy development, shipping, recreation, fishing and aquaculture, say attorneys with Van Ness Feldman LLP.