Project Finance

  • May 24, 2016

    House Keeps 'Waters Of US Rule' Defunding In Energy Bill

    The U.S. House of Representatives voted Tuesday to keep provisions blocking implementation of the so-called Waters of the United States rule under the Clean Water Act in a $37.4 billion bill funding the U.S. Department of Energy, U.S. Army Corps of Engineers, and several energy and water infrastructure projects.

  • May 24, 2016

    Sabal Trail Gets Easement Win For $3B Natural Gas Pipeline

    A Florida federal judge on Tuesday allowed Sabal Trail Transmission LLC to condemn easements in Lake County, Florida, so that it can construct a $3 billion, 516-mile natural gas pipeline running from Alabama to the Sunshine State.

  • May 24, 2016

    States Slam EPA's Bid To Keep MATS Fight Out Of High Court

    States wrestling with the U.S. Environmental Protection Agency over its Mercury and Air Toxics Standards rule on Monday pressed the U.S. Supreme Court to consider whether a court can remand a legally defective rule without vacating it.

  • May 24, 2016

    $58B Transpo, Housing Funding Bill Advances In House

    The House Appropriations Committee approved a $58.2 billion transportation and housing funding bill Tuesday, including controversial and closely watched provisions clarifying regulations for truckers’ hours of service and meal and rest breaks, sending the measure to the full House floor.

  • May 24, 2016

    Enviros Blast Fossil Fuel Portions Of Energy Reform Bill

    Scores of environmental groups urged U.S. Senate leaders Tuesday to strip provisions that streamline permitting for liquefied natural gas export projects and other oil and gas infrastructure from sweeping energy reform legislation being hammered out by Congress, saying any legislation should focus on phasing out fossil fuels.

  • May 24, 2016

    DC Metro Defends Plan To Fix Safety Failures

    The Washington Metropolitan Area Transit Authority and federal transit officials reassured a U.S. House panel Tuesday of their progress on fixing the safety issues that have plagued D.C.’s Metrorail system, including shoring up training, tackling maintenance backlogs and firing inefficient managers.

  • May 24, 2016

    ND Judge Rejects EPA Bid To Nix Water Rule Challenge

    A North Dakota federal judge on Tuesday rejected the U.S. Environmental Protection Agency's bid to nix a challenge to the EPA and Army Corps of Engineers' Clean Water Rule and put the case on hold pending the outcome of a similar challenge making its way through the Sixth Circuit.

  • May 24, 2016

    FERC Urged To Rethink NJ Power Line Projects Ruling

    A General Electric unit, along with Maryland and Delaware regulators, asked the Federal Energy Regulatory Commission on Monday to rehear its cost allocation decision for $1.6 billion worth of New Jersey transmission projects, saying that the approved method will result in unfair overpayments.

  • May 24, 2016

    Vikings Slam Wells Fargo’s Signs Near New Stadium

    The Minnesota Vikings filed a brief in federal court on Monday, accusing Wells Fargo Bank NA of ignoring a signage agreement and mounting illuminated roof signs near the under-construction U.S. Bank Stadium that will be visible to TV viewers when the National Football League’s 2016 playing season begins this fall.

  • May 24, 2016

    Range Resources Dodges $9M Fracking Leak Fine — For Now

    The Pennsylvania Department of Environmental Protection has withdrawn a proposed nearly $9 million fine against a Range Resources Corp. unit over a leaky gas well that had been used for fracking, but the agency says it still may seek to punish the company.

  • May 24, 2016

    Enviros Press NRC To Keep Entergy's NY Nuke Plant Shut

    As Entergy Corp. wraps up repairs at a nuclear reactor 26 miles north of New York City, an environmental group on Tuesday urged the Nuclear Regulatory Commission to delay restarting the unit and to order the immediate shutdown of its sister reactor until the commission solves “the mystery of the missing bolts.”

  • May 24, 2016

    Utilities Take FERC Project Plan Orders Fight To DC Circ.

    A group of transmission companies that are members of regional grid operator Midcontinent Independent System Operator Inc. on Monday urged the D.C. Circuit to review orders by the Federal Energy Regulatory Commission approving utility plans to allocate costs for new, interregional transmission projects in compliance with its regional transmission planning rule.

  • May 23, 2016

    3 Vital P3s In Pa.'s Push For Private-Sector Alliances

    Almost four years after enacting legislation enabling public-private partnerships for transportation projects, Pennsylvania is at the forefront of states looking to enlist the private sector for help with pressing infrastructure needs. Here, Law360 surveys three current projects putting the model to use in Pennsylvania and looks at the prospect of extending it to include social infrastructure.

  • May 23, 2016

    Kinder Morgan Scraps $5B Pipeline FERC Approval Bid

    A Kinder Morgan Inc. subsidiary on Monday officially ended the Federal Energy Regulatory Commission’s review of the company's $5 billion proposed Northeast Energy Direct project, a pipeline that would have shipped natural gas from Pennsylvania’s Marcellus Shale to New England.

  • May 23, 2016

    US Bank Must Face Fraud Claims, EB-5 Investors Say

    A group of Chinese investors told a Utah federal judge Friday that U.S. Bank NA must face their suit seeking a refund of investments after the federal government denied their job-creator visa applications, saying their claims are specific enough to avoid dismissal. 

  • May 23, 2016

    Gov. Christie Nixes Port Authority Overhaul Bill

    New Jersey Gov. Chris Christie on Monday conditionally vetoed a Port Authority of New York and New Jersey reform bill proposing greater oversight of the scandal-plagued bistate agency, saying it contains costly and burdensome provisions that conflict with corresponding legislation already enacted in New York.

  • May 23, 2016

    7th Circ. Urged To Rethink FERC Project-Rights Ruling

    A transmission developer urged the Seventh Circuit Friday to reconsider its backing of the Federal Energy Regulatory Commission's decision allowing a regional grid operator to honor non-federal rights of first refusal for regional electricity projects, claiming the erroneous ruling will stifle competition for new transmission projects.

  • May 23, 2016

    WV, Texas AGs Press EPA To Stop Clean Power Plan Work

    Two state attorneys general spearheading a legal challenge to the U.S. Environmental Protection Agency's Clean Power Plan on Monday said that they have urged the agency to halt assistance to states implementing voluntary portions of the rule, saying that the EPA is undermining the stay imposed by the U.S. Supreme Court.

  • May 20, 2016

    NY Reforms Electricity Regs In Clean Energy Push

    Major electric utilities in New York must file a system efficiency proposal with the state government by Dec. 1, under reformed regulations the state hopes will expand residents’ choices for clean and renewable power, the New York Public Service Commission said Thursday.

  • May 20, 2016

    Canadian Regulator Endorses $5.4B Kinder Morgan Pipeline

    Kinder Morgan’s proposed $5.4 billion Trans Mountain Pipeline expansion cleared another regulatory hurdle on Thursday when Canada’s National Energy Board recommended approval of the project, subject to a number of conditions, including those involving safety, emergency response and environmental protection.

Expert Analysis

  • Not So Fast, Ohio: FERC Weighs In On Wholesale Energy

    Joseph H. Fagan

    The Federal Energy Regulatory Commission recently affirmed its role in ensuring reasonable rates for wholesale sales of electric energy in Ohio. But state utilities seek to further their objectives without invoking FERC jurisdictional issues, and if other states aim to advance their public policy initiatives using similar methods, it could impose higher costs on captive retail customers, say Joseph Fagan and David Doot at Day Pitney LLP.

  • Panama Papers: Reminders About Law Firm Cybersecurity

    Sean Doherty

    Nowhere is the attractiveness of law firms as cybercrime targets more evident than the recent Mossack Fonseca hack, believed to be the most significant data theft event in history. Firms represent a treasure trove of information and historically have had dreadful cybersecurity practices. There has been some progress, but firms can also commit to better defending their information by taking a simple, three-step approach, says Sean D... (continued)

  • New Far-Reaching Air Regulations For US Oil And Gas Wells

    Scott Janoe

    The Obama administration recently announced two sweeping final rules to regulate air emissions from oil and gas exploration, production and transportation facilities and has begun a rulemaking process aimed at controlling methane emissions from existing oil and gas facilities, both of which will will place a significant burden on in-house staff, say attorneys at Baker Botts LLP.

  • OPINION: Sotomayor's Solution To Pro Bono Is Incomplete

    David A. Lash

    In calling for mandatory pro bono service, U.S. Supreme Court Justice Sonia Sotomayor is effectively using her bully pulpit to advance the cause of access to justice for the poor. Her courageous leadership is a clarion call to action that must be heeded. But bold as it may be, the pronouncement is incomplete, says David Lash, managing counsel for pro bono at O’Melveny & Myers LLP and a member of the Association of Pro Bono Counsel.

  • Creating Barclay Damon: Lessons From A Law Firm Merger

    John P. Langan

    Joining two firms with long histories meant not only combining cultures, philosophies and deeply rooted ways of doing business, but also combining two IT systems, two accounting systems, and two ways of handling many other administrative functions. It didn't help that the firms had different fiscal year ends, says John Langan, managing partner of Barclay Damon LLP.

  • Federal Gov't Should Stop Meddling In Stadium Financing

    Robert J. Eidnier

    While professional sports facility financings have suffered much negative publicity in recent years, the fundamental question of whether these facilities are more or less worthy of local government subsidies relative to other private activities seeking similar subsidies is a question that is and should remain the decision of the local government, says Robert Eidnier of Squire Patton Boggs LLP.

  • Considerations For Power Generation Co. Restructuring

    Deryck Palmer

    Many power generation companies are experiencing difficulties under current market conditions. As restructuring discussions commence across the capital structure, creditors seeking to improve their recoveries should bear in mind lessons learned from recent cases such as Dynegy and Edison Mission Energy, say attorneys with Pillsbury Winthrop Shaw Pittman LLP.

  • Reflecting On The 20th Anniversary Of BMW V. Gore

    Andrew Frey

    On May 20, 1996, the U.S. Supreme Court held that a $2 million punitive damages award imposed for a tort that caused $4,000 in economic harm was unconstitutionally excessive. In the ensuing 20 years, BMW v. Gore has proved to be a foundational case in punitive damages jurisprudence. We were fortunate enough to have played a role in this historic decision, say Mayer Brown LLP partners Andrew Frey and Evan Tager and Maserati North Am... (continued)

  • Corporate Counsel: Consumer Becomes Provider (The Sequel)

    Mark A. Cohen

    Last week, we discussed why corporate legal departments are taking on so much more work themselves instead of outsourcing it to law firms. This is, of course, an ominous sign for law firms and the traditional partnership structure. So too is disaggregation and the emergence of legal service providers as well as others — notably the Big Four — poised to enter the gargantuan legal services market, says Mark A. Cohen of Legal Mosaic LLC.

  • Could Community Microgrids Be More Than Just A Fad?

    Thomas C. Havens

    Given the increased focus in the energy industry on reliability, sustainability and resiliency, microgrids could play a key role in shaping the U.S.'s energy future, but the speed and success of that growth will largely depend on how policymakers address the various legal and regulatory barriers to microgrid deployment encountered by project developers across the nation, say Tom Havens and Jennifer Galiette at Day Pitney LLP.