Project Finance

  • December 9, 2016

    FERC Won't Reconsider $7.5B Jordan Cove LNG Project

    The Federal Energy Regulatory Commission on Friday denied a request to reverse its rejection of a $7.5 billion liquefied natural gas export project in Oregon, saying the additional evidence of investor interest was too little, too late.

  • December 9, 2016

    FERC Ignored Pipeline's Impact On Minorities, DC Circ. Told

    The Sierra Club and other environmental groups told the D.C. Circuit on Friday that the Federal Energy Regulatory Commission didn’t properly consider the impacts of the proposed $3.5 billion Southeast Market Pipelines Project on minority and low-income communities when approving the project.

  • December 9, 2016

    2nd Circ. Poised To Clear Conn. For Clean Power Contracting

    The Second Circuit looked ready Friday to let Connecticut resume taking contract bids from New England renewable power producers under a 2013 state law, after a developer with operations in New York challenging the process conceded — in an apparent blow to its argument that the law runs afoul of the dormant Commerce Clause — that the feds retain ultimate authority.

  • December 9, 2016

    Army Corps Tells DC Circ. Dakota Access Ruling Must Stand

    The U.S. Army Corps of Engineers urged the D.C. Circuit on Thursday not to vacate a lower court decision that rejected the Standing Rock Sioux Tribe's bid to block construction on the controversial Dakota Access pipeline.

  • December 9, 2016

    Bus Drivers Hit MBTA With Suit Over Split Shifts

    A union representing bus drivers from the Massachusetts Bay Transportation Authority hit their employer with a potential class action in Massachusetts federal court on Wednesday, alleging MBTA shorted the bus operators on pay, requiring them to travel throughout the city from one assigned location to another without compensation.

  • December 9, 2016

    Chadbourne Says Sanctions Unwarranted In Congo Spat

    Attorneys at Chadbourne & Parke LLP who have sought for months to extricate themselves from a suit to enforce a $1 billion arbitral award against the Republic of Congo told a D.C. federal judge on Thursday that it would be “draconian and disproportionate” to grant a sanctions request against them and their client.

  • December 9, 2016

    Seeing Loss Of Fishing Area, Anglers Try To Stop Wind Farm

    A coalition of fishing interests on Thursday asked a Washington, D.C., federal court to halt a proposed lease sale for the potential development of a major wind farm off the coast of Long Island, New York, arguing that the process ignored major environmental concerns and would remove key areas from commercial fishing activity.

  • December 9, 2016

    Enviros Win Intervention Bid In BLM Flaring Rule Suit

    A federal magistrate judge has allowed a slew of environmental groups to join a lawsuit that seeks to block a new Bureau of Land Management rule aimed at limiting the release of methane from drilling operations on federal and Native American lands.

  • December 8, 2016

    Feds Back 6th Circ. As Jurisdiction For Water Rule Cases

    The federal government urged the U.S. Supreme Court on Wednesday not to review the Sixth Circuit’s decision to assert exclusive jurisdiction over challenges to the controversial Clean Water Rule.

  • December 8, 2016

    SunLink Foe Botched Challenge To $10M Award, Judge Rules

    A Massachusetts federal judge on Thursday confirmed a $10.2 million arbitral award to SunLink Corp. over claims that American Capital Energy Inc. failed to pay SunLink for solar panel mounting systems, saying ACE's various filings didn't amount to a proper — or timely — challenge.

  • December 8, 2016

    Bigger Regulatory Role Seen For States With Pruitt-Led EPA

    President-elect Donald Trump’s choice of Oklahoma Attorney General Scott Pruitt to lead the U.S. Environmental Protection Agency signals that Trump is serious about decimating the Obama administration’s climate change-focused agenda and having states take the wheel on crafting environmental and energy policy.

  • December 8, 2016

    LA Transit Agency Says Subway Challenge Lacks Jurisdiction

    The Los Angeles County Metropolitan Transportation Authority has hit back at a lawsuit by a California school district seeking to halt a plan to construct part of a subway expansion beneath a Beverly Hills high school, saying Wednesday the suit should be dismissed on jurisdictional grounds.

  • December 8, 2016

    Groups Ask DC Circ. To Make EPA Rethink Mercury Rule

    Power industry and environmental groups have submitted briefs to the D.C. Circuit challenging the Environmental Protection Agency's mercury and air toxins standards, with both camps demanding the court force the agency to reassess the rules but for different reasons. 

  • December 8, 2016

    House Passes Water Infrastructure Bill With Flint Aid

    The U.S. House of Representatives pushed through a major water infrastructure bill on Thursday that includes aid for the water crisis in Flint, Michigan, even as Democrats objected to new provisions they said could strip environmental protections in California.

  • December 8, 2016

    FERC Greenlights Exelon's $110M NY Nuke Plant Buy

    The Federal Energy Regulatory Commission on Wednesday gave its approval for Exelon to buy the operating license for Entergy's 838-megawatt FitzPatrick nuclear plant in central New York for $110 million, finding the deal was in the public interest and wouldn’t harm competition.

  • December 8, 2016

    Sioux Tribes Urge Stay In Pipeline Fight For Enviro Review

    The Standing Rock Sioux Tribe and Cheyenne River Sioux Tribe urged a D.C. federal judge Wednesday to pause their suit over the U.S. Army Corps of Engineers' permits for the Dakota Access pipeline at a disputed site in North Dakota while the agency conducts a more thorough environmental review of the project.

  • December 8, 2016

    Project Finance MVP: Sullivan's Stewart M. Robertson

    Sullivan & Cromwell LLP’s Stewart M. Robertson cemented his spot among Law360’s 2016 Project Finance MVPs by guiding Tengizchevroil LLP through its $16 billion project financing to back the $42.5 billion expansion and modification of upstream operations at a super giant oilfield in Kazakhstan — the second largest project financing ever.

  • December 7, 2016

    Texas Pipeline Tariff Struck For Favoring Affiliated Shipper

    A Texas appellate court on Wednesday held that Westlake Ethylene Pipeline Corp. can’t impose a tariff on Eastman Chemical Co. for shipping ethylene downstream on its public pipeline, affirming a regulator’s determination the tariff favored an affiliated shipper.

  • December 7, 2016

    Ohio Residents Want 6th Circ. To Rehear Fracking FCA Case

    A group of Ohio residents asked the Sixth Circuit on Monday to reconsider a panel decision affirming the dismissal of their False Claims Act suit alleging a conservation district executed fracking leases on land it owed to the U.S. government, saying the panel decision conflicts with a U.S. Supreme Court decision.

  • December 7, 2016

    Trump Taps Oklahoma AG Pruitt To Lead EPA

    President-elect Donald Trump said Thursday he will nominate Oklahoma Attorney General Scott Pruitt to lead the U.S. Environmental Protection Agency, indicating that the agency will veer from the Obama administration’s climate change-focused agenda and work on assisting the growth of the domestic energy industry.

Expert Analysis

  • The Horrible Conflict Between Biology And Women Attorneys

    Anusia Gillespie

    Women leave law firms for many of the same reasons men do, but also face challenges including headwinds with respect to assignment delegation and social outings, as well as potential disruptions if they choose to have children. Firms can increase investment in talent management and improve retention and engagement of women attorneys, says Anusia Gillespie of Banava Consulting.

  • FERC Proposal A Lift For New Energy Technologies

    Suedeen Kelly

    Last month, the Federal Energy Regulatory Commission proposed to amend its regulations to help bring electric storage resources and distributed energy resource aggregations in the capacity, energy and ancillary services markets operated by regional transmission organizations and independent system operators. This represents a major step forward in efforts to integrate advanced energy technologies into the wholesale electric grid, s... (continued)

  • Lawyer EQ: Finding Success In Every Interaction

    Judith Gordon

    American legal education relies almost exclusively on analytical thinking. But success in legal practice depends in large part upon an accurate emotional understanding of oneself and the human seated opposite us. Honing emotional intelligence skills can lead to greater success, and Judith Gordon of LeaderEsQ offers a few tools that can be implemented immediately to raise one’s emotional intelligence quotient.

  • Understanding Ohio's Downtown Redevelopment Districts

    Scott Ziance

    The Ohio state legislature recently established the procedure for designating downtown redevelopment districts and innovation districts in the state. These powerful new tools can also be combined with existing economic development incentives, but the key to their successful implementation is determining when to use the correct incentives mix in the given circumstances, say Scott Ziance and Chris Clements of Vorys Seymour Sater and Pease LLP.

  • Managing Intergenerational Differences Within Your Law Firm

    Najmeh Mahmoudjafari

    We are privileged to be part of an employment market that hosts employees from various generations. While “differences” may imply inherent conflict, intergenerational differences can actually be used to an advantage for organizations — especially law firms, say Najmeh Mahmoudjafari, founder of ImmigraTrust Law, and William Martucci of Shook Hardy & Bacon LLP.

  • Philip Hirschkop: Quietly Making Noise For 50 Years

    Randy Maniloff

    The first paragraph of Philip Hirschkop’s obituary is going to contain the word "Loving." That’s undeniable. But many of Hirschkop’s other cases are just as groundbreaking in their own right. They aren’t household names like Loving, but they have affected millions in the nation’s households, says Randy Maniloff of White and Williams LLP.

  • Confirming PURPA Protections For Renewable Producers

    Heather Curlee

    The Public Utilities Regulatory Policy Act was enacted to encourage the development of cogeneration and small power production facilities. FERC’s declarations on PURPA issued in response to the petition for enforcement filed by Windham Solar may reinvigorate the development of qualifying facilities in states located within organized markets, says Heather Curlee of Wilson Sonsini Goodrich & Rosati.

  • Utility Mergers And Acquisitions Lift Capital Markets

    Steven Friend

    In the past several years, there has been a pronounced increase in mergers and acquisitions activity in the electric utility industry. Three themes have been particularly notable of late: consolidation among utilities, the acquisition of gas assets by electric utilities, and the acquisition by Canadian utilities of U.S. companies, say Steven Friend, Michael Fitzpatrickan and Peter O’Brien of Hunton & Williams LLP.

  • Energy Policy In The Trump Era: Part 2

    Christopher Carr

    President-elect Donald Trump has pledged to drastically change the federal government’s role and policies in relation to energy, the environment and climate change. In the second of a two-part series, Christopher Carr and Robert Fleishman of Morrison & Foerster LLP examine the impact of the new administration's attitudes towards the Clean Power Plan, the Paris Agreement and other energy and environmental regulations and policies.

  • The Trump Infrastructure Plan And Its Legal Implications

    Steve Sorett

    The incoming Trump administration's $1 trillion infrastructure plan would rely mostly on private investment, with infrastructure tax credits envisioned as bringing the needed financing to the table. But many questions remain unanswered, including who will decide on the selection and timing of projects, what laws will apply, and how private investors will be paid back, says Steve Sorrett of Kutak Rock LLP.