Project Finance

  • July 29, 2016

    Baker & McKenzie Snags Energy Attys From Winston & Strawn

    Baker & McKenzie LLP has lured an international energy transactions partner and an associate from Winston & Strawn LLP to its Houston office, the firm said in a statement Thursday.

  • July 29, 2016

    SolarCity Fights Bid To Stay Monopoly Suit

    SolarCity Corp. on Thursday urged a federal judge not to put its monopolization suit against an Arizona utility on hold while the Ninth Circuit considers the utility’s arguments that it’s immune from the claims, saying the utility has sought delay in the case “at every opportunity.”

  • July 29, 2016

    Enviros Urge FERC To Reconsider $683M Pipeline's Extension

    Environmental groups on Thursday urged the Federal Energy Regulatory Commission to rethink its decision to give Constitution Pipeline Co. LLC an additional two years to build its contested $683 million natural gas pipeline from Pennsylvania to New York, saying the pipeline's problems with New York environmental regulators are its own fault.

  • July 29, 2016

    English Judge Won't Set Aside $151M LCIA Award

    An English High Court judge on Friday tossed a challenge to a $151 million London Court of International Arbitration award issued in a contract dispute concerning two oil mining blocks off the Nigerian coast, ruling that a payment demand between the unnamed companies had been made in good faith.

  • July 29, 2016

    FERC Gives Final Enviro OK to ETP $4.2B Pipeline Project

    The Federal Energy Regulatory Commission will now decide whether to approve the construction of Energy Transfer Partners LP's proposed $4.2 billion natural gas pipeline running from the Marcellus and Utica shales to the upper Midwest after commission staff on Friday finalized its favorable environmental review of the project.

  • July 29, 2016

    Mass. High Court Nixes Class Cert. In Utility-Bills Case

    The Massachusetts Supreme Judicial Court has vacated class certification for a group of people who said they overpaid their electric company when it failed to prepare for a massive ice storm, because the customers hadn’t alleged a cognizable injury beyond regulatory violations.

  • July 29, 2016

    $10B Texas LNG Projects Gets FERC's Final Enviro OK

    It's now up to the Federal Energy Regulatory Commission to decide whether to approve Exxon Mobil Corp. and state-run Qatar Petroleum International's proposed $10 billion Texas terminal expansion project to export liquefied natural gas after commission staff on Friday finalized a review concluding that any environmental impacts could be minimized.

  • July 29, 2016

    Public-Private Projects Cleared For Takeoff At Airports

    High-profile airport terminal redevelopments in New York, California and Colorado show that using public-private partnerships to finance such upgrades is increasingly popular, and experts anticipate seeing more P3 projects at air travel hubs. Here are a few of the projects to keep your eye on.

  • July 29, 2016

    PE Firm Starwood Pays $760M For 2 Power Generation Assets

    Energy-focused private equity firm Starwood Energy Group Global LLC has agreed to pay $760 million to acquire two Pennsylvania-based power generation assets from NextEra Energy Resources LLC, the companies said Friday.

  • July 29, 2016

    Wanted: New Contractor To Run Illinois' Troubled Lottery

    Illinois Republican Gov. Bruce Rauner on Thursday announced a second attempt to privatize the state lottery, a troubled agency with a history of poor returns on investments.

  • July 29, 2016

    FRA Issues Final Safety Rule For Passenger Railroads

    The Federal Railroad Administration issued a new final rule Friday requiring passenger railroads like Amtrak to formalize operational plans that identify potential safety hazards and ways to curb or mitigate those hazards in an effort to prevent problems from escalating into full-blown accidents.

  • July 28, 2016

    New STB Switching Regs Draw Fire Over Clarity Concerns

    The Surface Transportation Board's long-anticipated proposed regulations allowing shippers served by only one major carrier in their region to get access to another railroad may stimulate competition, but the lack of clear definitions for which situations qualify for so-called competitive switching could mean chaos for shippers and railroads if not addressed when the rule becomes final, experts say.

  • July 28, 2016

    Contractor On $42M Pa. Bridge Project Faces Fraud Charges

    The owner of a Pennsylvania painting company that has been cited multiple times for workplace safety violations has been indicted on embezzlement, fraud and water pollution charges stemming from a $42 million bridge rehabilitation project, the U.S. Department of Justice said Thursday.

  • July 28, 2016

    Mass. Agency To Blame For Dredging Woes, Suit Says

    Two marine construction companies slapped a quasi-government agency in Massachusetts with a $23 million breach of contract suit in state court, saying the agency drastically understated the scope of a dredging project to make way for an offshore wind power project.

  • July 28, 2016

    BLM Moves Drilling Permit Reviews Online

    The U.S. Bureau of Land Management said Thursday that it would shift the filing of oil and gas drilling permit applications for federal and tribal lands entirely online by year's end in an effort to speed up a permitting process that has been criticized by industry for taking too long.

  • July 28, 2016

    Judge Freezes Accounts In Amusement Park Bond Scheme

    A Georgia federal judge Wednesday granted the U.S. Securities and Exchange Commission’s motion for an asset freeze against three executives the agency claims diverted $5.6 million in investors' money from an Atlanta amusement park project.

  • July 28, 2016

    Glassmaker Opens 2nd Front In $490M Venezuela Award Row

    With efforts to quickly confirm arbitral awards against foreign countries in New York federal courts facing legal headwinds, an affiliate of glassmaker Owens-Illinois Inc. filed a suit in D.C. federal court Wednesday to confirm a $490 million award against Venezuela.

  • July 28, 2016

    Sioux Tribe Fights $3.8B Pipeline Through Ancestral Lands

    The Standing Rock Sioux Tribe sued the U.S. Army Corps of Engineers in Washington, D.C., federal court on Wednesday, saying the corps flouted historic preservation law with its approvals for a $3.8 billion pipeline designed to carry Bakken crude oil through the tribe’s ancestral lands.

  • July 28, 2016

    5th Circ. Haze Ruling Dooms Clean Power Plan, DC Circ. Told

    The Fifth Circuit's recent block of the U.S. Environmental Protection Agency's regional haze plan for Texas and Oklahoma supports arguments that the agency overstepped its legal authority in crafting the Clean Power Plan, states challenging the rule told the D.C. Circuit on Wednesday.

  • July 28, 2016

    Alliant To Sink $1B Into Iowa Wind Projects

    Alliant Energy Corp. is planning to spend about $1 billion to expand its wind power generation operations in Iowa, the company announced on Wednesday, noting that it is seeking approval to expand its existing Whispering Willow wind farm to add up to 500 megawatts of capacity.

Expert Analysis

  • Prevent Litigation From Becoming A Threat To Data Security

    Dante Stella

    Recent headline-grabbing data security incidents have shed light both on direct and collateral impacts to companies and their employees. Attorneys should take steps to ensure that their role in the conduct of litigation does not in itself lead to similarly damaging disclosures of sensitive information, say Dante Stella and Sherrie Farrell of Dykema Gossett PLLC.

  • New Tax Rules Curtail Benefits Of Pass-Through Leases

    Jeffrey Davis

    New IRS regulations addressing certain investment tax credit issues in a so-called “pass-through lease” structure will change the financial modeling of both historic and energy investment tax credit inverted leases and make them somewhat less attractive to tax equity investors, say attorneys with Mayer Brown LLP.

  • 4 Cases Shaping Renewable Energy Projects

    Thomas C. Perry

    Based on decisions in four recent cases, it is clear that renewable energy projects sited on or across federally administered lands will be carefully reviewed by federal courts. From these rulings, key considerations emerge for developers, says Thomas Perry at Marten Law PLLC.

  • OPINION: Our Juries Are Being Circumvented

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    The Freddie Gray case and the U.S. Supreme Court ruling regarding former Virginia Governor Robert McDonnell demonstrate how the government replaces juries, eliminating an important community decision maker and a check on governmental power, says Professor Suja Thomas of the University of Illinois College of Law.

  • Do I Need A 'Political Risk' Event Of Default?

    Peter Weiland

    In light of the recent coup attempt in Turkey, Peter Weiland of Chadbourne & Parke LLP recaps the arguments for including in loan agreements a "political risk" clause that allows lenders to call an event of default in case of political unrest.

  • Legal Aid, Meet Legal Tech

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    Because there will never be enough free lawyers to satisfy demand from low-income Americans, we need to leverage technology to allow the legal expertise of one lawyer to reach hundreds or thousands of clients at once, say Jonathan Petts and Rohan Pavuluri, co-founders of startup nonprofit Upsolve.

  • Testing The UBE: Portable But Inaccurate Bar Exam Scores

    Suzanne Darrow-Kleinhaus

    While there is not much that is new about the uniform bar exam’s components, what is new is that where you take the bar exam may make the difference between passing and failing. Half of the score depends on the strength of the applicant pool in the jurisdiction where the candidate wrote the exam, which may lead to “UBE shopping,” says Suzanne Darrow-Kleinhaus, director of bar programs at Touro Law Center.

  • Testing The UBE: Missouri Benefits From Uniform Bar Exam

    Jim Nowogrocki

    We in Missouri do not take lightly to new trends or frothy ideas. Yet, the uniform bar exam has allowed us to meet the challenges of an increasingly mobile legal profession and the changing needs of clients, and to ensure that a newly admitted attorney has the knowledge, character and fitness to practice in the Show-Me State, says Jim Nowogrocki, president of the Board of Law Examiners in Missouri — the first state to adopt the UBE.

  • DOT Oil Train Rule Proposes Costly Requirements

    J. Scott Janoe

    A recently proposed rule by the U.S. Department of Transportation intends to improve oil spill response readiness and mitigate effects of rail incidents involving petroleum oil and certain high-hazard flammable trains. However, the expanded requirements would likely impose substantial costs and burden on railroads and could increase the price of crude oil transport by rail, say attorneys at Baker Botts LLP.

  • New Financial Regs Will Disrupt Offshore Oil And Gas

    R. Scott Nuzum

    The Bureau of Ocean Energy Management's new policy governing supplemental financial assurance for oil and gas infrastructure on the Outer Continental Shelf has the potential to significantly alter the U.S. offshore oil and gas industry, and could ultimately force small and independent companies to abandon OCS operations altogether, say attorneys at Van Ness Feldman LLP.