Project Finance

  • April 1, 2015

    Murkowski Demands More Alaska Drilling Options

    U.S. Sen. Lisa Murkowski, R-Alaska, has asked that more potential oil and natural gas reserves off the coast of Alaska be included in a five-year leasing plan, including one 9.8 million-acre area President Barack Obama has designated as off-limits for future drilling.

  • April 1, 2015

    PE Firms See Potential Boom Amid Oil Price Bust

    Cash-flush private equity firms are steadily filling the bankrolling gap for drilling companies left by traditional investors scared off by depressed oil prices, and could grab an even bigger piece of the pie as shrunken borrowing capabilities land more drillers in financial hot water, experts say.

  • April 1, 2015

    Matex International To Pay $350M For Chinese Coal Mines

    Australian-listed coal miner Blackgold International Holdings Ltd. said Wednesday it has signed a S$475 million ($348.7 million) conditional sale agreement with Matex International Ltd. for its Hong Kong unit with four Chinese mines.

  • April 1, 2015

    Petrobras Inks $3.5B Deal With China Development Bank

    Petrobras, Brazil's embattled oil company, on Wednesday signed a $3.5 billion facility financing agreement with China Development Bank, according to a statement from the partly state-owned company.

  • April 1, 2015

    Mass. Labor Group Backs $5B Kinder Morgan Pipeline

    The Massachusetts Building Trades Council said Tuesday that it had signed a memorandum of understanding with energy-infrastructure giant Kinder Morgan Inc. to provide union labor for the construction of a $4.5 billion to $5.5 billion underground natural gas pipeline in southern New England.

  • April 1, 2015

    Southern Co. Arm Snaps Up $397M Okla. Wind Farm

    A unit of Atlanta-headquartered Southern Co. announced Tuesday that it will acquire Apex Clean Energy’s $397 million, 299-megawatt wind farm in Oklahoma once the construction of the project is complete at the end of the year.

  • April 1, 2015

    Pa. Enviros Challenge DEP Permits For Sunoco Pipeline

    A Pennsylvania environmental group on Tuesday filed challenges to three Department of Environmental Protection permits granted for a Sunoco Inc. subsidiary’s proposed Mariner East natural gas pipeline, arguing the permits for pumping stations fail to properly address the facilities’ potential emissions.

  • April 1, 2015

    Fla. County Sues DOT Over Improper Rail Project Review

    A Florida county sued the U.S. Department of Transportation on Tuesday, saying the agency's decision to grant a $1.75 billion loan to finance a Miami to Orlando passenger rail service violates federal law because the agency didn’t fully consider impacts on traffic, the environment or historic properties.

  • April 1, 2015

    Japan Sticks By US As 50 Countries Apply To Join China Bank

    Nearly 50 countries applied to join the Asian Infrastructure Investment Bank, which is backed by China and slated to finance infrastructure projects in Asia, with some traditional U.S. allies signing on despite U.S. skepticism and Japan remaining uncommitted as Tuesday's application deadline passed.

  • April 1, 2015

    TerraForm Pays $350M For Atlantic Power Wind Farms

    TerraForm Power Inc., the yieldco of clean energy developer SunEdison Inc., said Wednesday that it’s agreed to buy five wind farms from Atlantic Power Corp. for $350 million, a day after it paid $110 million for a slate of solar projects developed by its corporate parent.

  • March 31, 2015

    5th Circ. Won't Rehear Shell $19M FCA Suit

    The Fifth Circuit on Monday denied a petition for rehearing from Royal Dutch Shell PLC subsidiaries that wanted an en banc review of the ruling that revived two federal auditors’ False Claims Act suit alleging that the companies siphoned off $19 million in offshore drilling royalties.

  • March 31, 2015

    NY Justices Won't Extend Drilling Rights Under Fracking Ban

    Energy companies unhappy with the disruptive nature of New York’s moratorium on hydraulic fracturing cannot extend drilling rights on Tioga County land for operations that have yet to get under way, the state’s top court said Tuesday.

  • March 31, 2015

    GE, Virginia Solar Team Up For Japan Photovoltaic Plant

    GE Energy Financial Services and Virginia Solar Group subsidiary Pacifico Energy said Tuesday that they have partnered up to develop a 96.2 megawatt photovoltaic solar plant on Kyushu Island in Japan.

  • March 31, 2015

    Warburg Pincus Sinks $500M Into Texas Oil Startup

    Warburg Pincus LLC said Tuesday that it would invest up to $500 million in a Texas-based oil and gas explorer and producer startup, the latest sign that private equity firms remain eager to shovel cash into the upstream space in a time of depressed oil prices.

  • March 31, 2015

    FERC Approval Sought On Billion-Dollar Marcellus Shale Line

    A Williams Cos. Inc. subsidiary submitted an application to the Federal Energy Regulatory Commission on Tuesday seeking permission to build a pipeline extension on its already operational Marcellus Shale line, according to the company that has invested $2.1 billion in the project so far.

  • March 31, 2015

    NJ Lawmakers Oppose Offshore Drilling Off Atlantic Coast

    Democrats in the New Jersey General Assembly are urging President Barack Obama to withdraw a proposal to open portions of the Atlantic Coast for oil and natural gas drilling, saying the state's economy and environment could be threatened.

  • March 31, 2015

    First Solar Project Doesn't Jeopardize Protected Tortoise

    A California federal judge ruled Monday that the U.S. Bureau of Land Management and the U.S. Fish and Wildlife Service didn't violate the Endangered Species Act while working toward approval of a 2,400-acre First Solar Inc. project in Nevada that encroaches upon the Mojave Desert habitat of the threatened desert tortoise.

  • March 30, 2015

    Texas Committee OKs Bill To Block Local Fracking Bans

    A Texas House committee on Monday approved a bill that would prevent local governments from imposing regulations like the Denton fracking ban, one week after more than 100 people waited hours to testify during a hearing on the bill.

  • March 30, 2015

    The 2015 Rising Stars, By Firm

    Law360's Rising Stars recognizes attorneys under 40 who have demonstrated outstanding career accomplishments. This year, King & Spalding LLP and Sidley Austin LLP led the pack with seven Rising Stars each, followed by Gibson Dunn and Sullivan & Cromwell LLP with six Rising Stars each, and Jones Day and Kirkland & Ellis LLP with five Rising Stars apiece.

  • March 30, 2015

    Coast Guard Issues Final Offshore Drilling Rule

    The U.S. Coast Guard on Monday unveiled updated safety standards for newly constructed mobile offshore oil drilling units, floating outer continental shelf facilities and other vessels that engage in OCS activities.

Expert Analysis

  • The Significance Of The Nexus For Wetlands Jurisdiction

    Margaret N. Strand

    A Fourth Circuit opinion in Precon Development v. U.S. Army Corps of Engineers determining that the Corps had correctly asserted jurisdiction over wetlands pursuant to the Clean Water Act represents the first time a court has weighed evidence of significance to support jurisdiction under the "significant nexus" test. There are, however, serious questions of fundamental fairness to landowners, say attorneys with Venable LLP.

  • Ethics In The Tech Age: What Every Lawyer Should Consider

    J.S. “Chris” Christie Jr.

    In light of recent changes to the ABA Model Rules of Professional Conduct, what are a lawyer’s ethical duties arising from new technology? And what should a lawyer know about this technology? Bradley Arant Boult Cummings LLP partner J.S. “Chris” Christie Jr. offers an in-depth assessment of what every lawyer should consider in 2015.

  • Don’t Skip The Air Emission Credits In M&A

    Michael Scott Feeley

    One issue that all too frequently gets lost in the shuffle during the diligence and purchase agreement negotiation process is the evaluation of whether air emission credits are necessary to run the business, and if so, how these credits will be treated in the deal documents, say Michael Scott Feeley and Aron Potash of Latham & Watkins LLP.

  • Mediation And The Thorny Issue Of Settlement Authority

    Douglas H. Flaum

    Many mediation orders state that attendees must have “full settlement authority” without providing clarity as to what that term actually means. Attendance by just outside counsel or a corporate spokesperson is not enough, even if someone else with full settlement authority is just a phone call or keystroke away, say Douglas Flaum and Kevin Broughel of Paul Hastings LLP.

  • Hedging Contango In The Energy Sector

    Jeffrey Nichols

    With some analysts expecting the crude oil forward price curve to dive into steep contango soon, depending on the rates of production decrease, demand increase and storage availability, this will cause cash-strapped oil and gas companies to explore transactions that are a blend of hedging and financing, says Jeffrey Nichols of Haynes and Boone LLP.

  • What Experts Can Say About Inadmissible Facts During Trial

    Jason McDonell

    For reliance material that is not admitted on the stand, consider bolstering the testimony by having the expert describe the evidence generally, but in a way that signals to the jury that the expert has a strong foundation of supporting facts and data. If done well, such testimony can open the door to admitting the evidence, say Jason McDonell and Heather Fugitt of Jones Day.

  • High Court May Take On Corporate 5th Amendment Privilege

    Ramzi Abadou

    A festering but virtually unnoticed circuit split over a legal doctrine the U.S. Supreme Court first recognized early last century may provide the Roberts court with the opportunity to grant corporate persons privilege against self-incrimination for the first time in U.S. history, says Ramzi Abadou of Kahn Swick & Foti LLP.

  • Rage Rises To The Top At BLM's New Fracking Rules

    J. Tom Boer

    The Bureau of Land Management's final rule regulating hydraulic fracturing on public lands saw a swift political backlash — energy industry groups filed a lawsuit challenging the rulemaking and the GOP-controlled Senate issued a statement criticizing the rule as duplicative and unnecessary, says J. Tom Boer, a partner with Barg Coffin Lewis & Trapp LLP and former attorney with the U.S. Environmental Protection Agency.

  • Is Your Landfill Or Other Wasting Asset Fairly Assessed?

    Ronald S. Cusano

    As an investment, a landfill is high risk due in part to the potential for extreme environmental liabilities. Conventional appraisal methods, including cost, comparable sales and even the traditional income method, do not account fully for these unique factors, says Ronald Cusano of Schnader Harrison Segal & Lewis LLP.

  • Evolving P3 Policy Holds Promise For Infrastructure

    Albert E. Dotson Jr.

    There has been a renewed focus on successful public-private partnership models, and the public sector has created a vehicle by which to access this. What was once a three- to four-year process has become an immediate path forward, says Albert Dotson Jr. of Bilzin Sumberg Baena Price & Axelrod LLP.