Project Finance

  • August 26, 2014

    Miami Open Organizer Goes To Third Set With Stadium Foes

    Like an intense point in a top-flight tennis match, the parties battling over a proposed $50 million facility expansion for the Miami Open tennis tournament exchanged volleys for the second day in Miami state court, searching for a winning angle Tuesday on the tournament organizer’s summary judgment motion.

  • August 26, 2014

    DC Circ. Nixes FERC Ruling In Grid Connection Cost Dispute

    The Federal Energy Regulatory Commission didn’t justify its decision that a New Jersey power developer had to pay charges to hook up with PJM Interconnection based on a provision in the grid operator’s tariff that was revised before the parties actually signed an agreement, the D.C. Circuit said Tuesday.

  • August 26, 2014

    GSA Should Flesh Out 'Swap-Construct' Criteria, GAO Says

    The U.S. General Services Administration needs to develop criteria for determining when to seek a “swap-construct” property exchange with federal buildings, including in a potential deal for a new Federal Bureau of Investigation headquarters, according to a Government Accountability Office report released Monday.

  • August 26, 2014

    Enduring Must Pay Ex-Owners Of Sold-Off Oil-Gas Assets

    A Texas appeals court on Tuesday reversed a trial court and ruled that Enduring Resources LLC is responsible for paying the former owners of certain Eagle Ford oil and gas assets in connection with a $1.26 billion deal, as opposed to the companies that subsequently bought the leases.

  • August 26, 2014

    NJ Town Sued For $1.2M Over Water Treatment Project

    A contractor is suing the city of Orange, New Jersey, for $1.2 million that it's allegedly owed over the construction of a water treatment facility that was delayed by the discovery of an underground concrete storage tank and the environmental concerns that it raised.

  • August 26, 2014

    Clean Energy Cos. Pump $500M Into Mexican Solar Projects

    Clean energy company Greenwood Energy and renewable energy project developer Ilioss have said that they will invest $500 million into a number of solar projects in Mexico that will provide the country with renewable, relatively cheap energy.

  • August 26, 2014

    Ayala Plans $343M Preferred Share Offering

    Philippine real estate, banking and infrastructure conglomerate Ayala Corp. said Tuesday it plans to raise 15 billion Philippine pesos ($343 million) from the sale of a set of preferred shares that will reportedly be used to fund infrastructure projects.

  • August 26, 2014

    Cimarex Reaps $326M From Texas Oil Acreage Sales

    Energy exploration company Cimarex Energy Co. has signed several agreements resulting in the sale of $326 million in oil and gas assets, the Denver-based company announced Monday, money that will ultimately be used to fund capital investments.

  • August 26, 2014

    Riverstone-led Group Injects $525M Into Norwegian Oil Firm

    Three investment funds have committed a combined $525 million in financing to a recently established oil-exploration and production company that will probe the Norwegian and U.K. continental shelves, private equity firm Riverstone Holdings LLC said Tuesday.

  • August 26, 2014

    Pa. Rep. Aims For Coexisting Gas Severance Tax, Impact Fee

    As Pennsylvania grapples with the potential enactment of a severance tax on natural gas, a state representative introduced legislation on Monday to let the proposed levy coexist alongside the already-existing impact fee.

  • August 26, 2014

    NY Plans $40M Bounties For Microgrid Technology Innovations

    New York Gov. Andrew Cuomo said Tuesday the state will pay $40 million in bounties to foster technology to safeguard neighborhoods' power supplies locally using sources including wind and solar when extreme conditions — like the recent Superstorm Sandy — knock out the electric grid.

  • August 26, 2014

    Dealmakers Q&A: Thompson & Knight's Sarah McLean

    The Committee on Foreign Investment in the United States, as it relates to upstream oil and gas deals, could be reformed. CFIUS has no transaction size threshold and limited filing guidance, and some of the members of CFIUS are unfamiliar with the oil and gas business — therefore insignificant deals with little actual control are reported, says Sarah McLean of Thompson & Knight LLP.

  • August 25, 2014

    Miami Tournament Organizer Looks To Ace Tennis Stadium Foe

    The organizer of the annual professional tennis tournament on Key Biscayne, Florida, attempted to hack through obstacles to its $50 million facility upgrade plan as a heated summary judgment hearing on the issue started Monday in state court in Miami.

  • August 25, 2014

    Grupa Lotos To Raise $315M For Baltic Sea Oil Field Project

    Polish oil refiner Grupa Lotos SA said Monday it is raising 1 billion zloty ($315 million) through a financing deal and a bond offering, as part of its 1.8 billion zloty B8 oil field development project in the Baltic Sea. 

  • August 25, 2014

    Crude Oil Fixes Slow To Leave Station Despite Spill Danger

    Six months after derailments tripped alarms on a massive "virtual pipeline" of crude oil moving throughout New York on outdated rail cars, environmentalists say neither federal nor state leaders have taken decisive action to curb explosion and other dangers and worry rule-making efforts are falling short.

  • August 25, 2014

    India High Court Nixes Nearly 2 Decades Of Coal Rights

    The Supreme Court of India on Monday ruled that all coal blocks allocated in the country between 1993 and 2010 were illegal, finding the government's review of proposals overtly subjective and opaque but postponing further action until additional arguments can be heard.

  • August 25, 2014

    LyondellBasell To Launch Gulf Coast Gas Processing Plant

    LyondellBasell Industries NV said Monday that it would build a massive production plant on the Gulf Coast as it looks to take advantage of the region's abundance of natural gas liquids due to the U.S. shale boom.

  • August 25, 2014

    China Plans $3.3 Civil Aviation Investment Fund

    China plans to invest 20 billion yuan ($3.25 billion) in airports and related infrastructure as the country is attempting to grow its burgeoning civil aviation sector.

  • August 25, 2014

    Obama Boosts Pressure On Congress To Renew Ex-Im Bank

    President Barack Obama on Saturday dedicated his weekly address to renewing the charter of the Export-Import Bank of the U.S., giving a lofty platform to a legislative effort that has bipartisan support but faces strong opposition from a key faction of Republican lawmakers.

  • August 25, 2014

    Murray Joins High Court Challenge To EPA Mercury Rule

    Coal giant Murray Energy Corp. has joined the fight against the Obama administration's landmark rule limiting mercury and other toxic emissions from coal- and oil-fired power plants, telling the U.S. Supreme Court that the rule undermines state and local efforts to provide affordable and reliable electricity.

Expert Analysis

  • Tales From The Dark Side Of Emerging Markets

    Kevin Atkins

    The challenges facing investors in emerging markets can increase exponentially when host governments are interventionist and prioritize nationalistic policies over the development of resource wealth, as seen in some transactions in the oil and gas sector, say Kevin Atkins and Rahwa Gebretnsaie of Chadbourne & Parke LLP.

  • Tax-Free REIT Spinoffs Could Be The Next Big Thing

    Thomas A. Humphreys

    Windstream Holdings Inc.’s recent tax-free real estate investment trust spinoff highlights an intriguing option for U.S. corporations — particularly those in the technology, telecommunications or utility sector — as the IRS continues to expand the range of “real estate” assets that can be held by an REIT, say Thomas Humphreys and Matthew Lau of Morrison & Foerster LLP.

  • The Elusive At-Risk Element Of EB-5

    Mona Shah

    Although EB-5 regulations address the “at-risk” requirement of the immigrant investor program, neither the statute nor the existing body of EB-5 case precedents specifies precisely what the degree of risk must be, say Mona Shah and Yi Song of Mona Shah & Associates.

  • Tax Credit Timetable Should Lead The Way For Renewables

    John C. Crossley

    Developers in the renewable energy industry that are able to move quickly now have a clearer path forward for a number of projects that appeared quite risky prior to the recent release of additional guidance on production tax credits from the Internal Revenue Service, says John Crossley of Husch Blackwell LLP.

  • 9th Circ. Permit Ruling Could Affect Projects Nationwide

    Sandra Y. Snyder

    The Ninth Circuit's ruling in Sierra Club v. EPA may have broad implications for the timing of Clean Air Act preconstruction permitting, which may be compounded by a recent D.C. Circuit opinion that could ultimately require the U.S. Environmental Protection Agency to apply this precedent on a national scale, say Richard Alonso and Sandra Snyder of Bracewell & Giuliani LLP.

  • How To Control Risk And Cost Of E-Discovery

    "If you follow the philosophy of saving everything you're just multiplying exponentially the costs and risks of litigation and investigations," says Robert Owen, partner in charge of Sutherland Asbill & Brennan LLP's New York office and president of the Electronic Discovery Institute.

  • A Review Of The Subscription Credit Facility Market

    Michael C. Mascia

    Despite the nearly uniform positive trending in the data supporting facility credit performance, none of it goes to the heart of the fundamental credit underwriting premise of a facility. And from this vantage point, the 2014 year-to-date trending has been far less beneficial for lenders, say attorneys with Mayer Brown LLP.

  • A Temporary Detour For Highway Transportation Funding

    Paul J. Epstein

    Given the passage of the Highway and Transportation Funding Act of 2014, the resumption of bipartisan discussions regarding a long-term bill is unclear. The act possibly postpones debate regarding the future shape of federal surface transportation funding until a new Congress is sworn into office in 2015, says Paul Epstein of Shearman & Sterling LLP.

  • New Broadband-Friendly Laws In Ohio, Louisiana

    Dave Thomas

    In recent separate actions, Ohio and Louisiana adopted comprehensive pole attachment regulatory regimes that should facilitate the deployment of broadband communications infrastructure and level the competitive playing field for broadband providers, say attorneys with Sheppard Mullin Richter & Hampton LLP.

  • An In-House Lawyer's Top 10 Tips For Outside Counsel

    Francis M. Drelling

    To this day, I have yet to see a litigation hold letter that was written by someone who understands the realities of how a business is actually run. In-house counsel cannot issue decrees to business units that read like they are issued by the king to his subjects, says Francis Drelling, in-house counsel at Specialty Restaurants Corp.