Project Finance

  • June 24, 2016

    EPA Fights Industry Bid To Link Mercury Rule Challenges

    The U.S. Environmental Protection Agency on Thursday urged the D.C. Circuit to reject a bid by two industry groups to link their challenges of the agency's mercury emissions rule to a new petition taking issue with the EPA's cost analysis of that rule, saying the two cases are distinct.

  • June 24, 2016

    Enviros Reinforce Bid To Halt $50M Calif. Highway Project

    Environmental groups doubled down on their bid to halt a $50 million California highway project Thursday, arguing the California Department of Transportation used bad data to mislead residents and federal regulators about the project’s impact on wildlife and endangered species’ habitats.

  • June 24, 2016

    DC Circ. Suspends New Plant Carbon Rule Briefing Schedule

    The D.C. Circuit on Friday granted a bid by opponents of the U.S. Environmental Protection Agency’s rule capping carbon emissions from new power plants to suspend the briefing schedule in their case while some opponents appeal the agency’s refusal to reconsider its rule.

  • June 24, 2016

    New Asian Infrastructure Bank OKs $509M In 1st Loans

    Six months after opening, the Asian Infrastructure Investment Bank said Friday it has approved its first four loans for a total of $509 million, including one to rebuild Indonesian slums.

  • June 24, 2016

    EPA Says High Court Ruling Doesn't Doom Coal Permit Nix

    The U.S. Supreme Court's conclusion that the U.S. Department of Labor did an unexplained about-face in saying auto service advisers qualify for overtime does not demonstrate the U.S. Environmental Protection Agency wrongly revoked an Arch Coal unit's coal permits, the agency told the D.C. Circuit on Friday.

  • June 24, 2016

    Frustrated George Lucas Won't Build Museum In Windy City

    Star Wars’ creator George Lucas said he’d finally had it Friday with political wrangling over the location of his proposed museum in the city of Chicago, officially calling it quits and ending nearly two years of litigation between the city and a group dedicated to preserving the land the museum was to be built on.

  • June 24, 2016

    Gov't Appeals Fracking Rule Defeat To 10th Circ.

    The federal government on Friday appealed to the Tenth Circuit a Wyoming federal judge's decision to strike down a rule regulating hydraulic fracturing on federal and Native American lands, while the rule's challengers urged the appeals court to dismiss the challenge of the rule's stay as moot.

  • June 24, 2016

    2 Charged With Fraud Over Conn. Soccer Stadium Deal

    A pair of consultants pursuing the construction of a professional soccer stadium in Hartford, Connecticut, were charged on Thursday with 26 counts of fraud for allegedly overbilling the city hundreds of thousands of dollars through inflated invoices.

  • June 24, 2016

    DOT Slams NM Businesses' Bid To Block Rapid Transit Plan

    The U.S. Department of Transportation fired back Wednesday at New Mexico businesses’ attempt to block the city of Albuquerque from moving forward with an approximately $120 million federally funded bus plan along historic Route 66, saying the project’s environmental review is sound.

  • June 24, 2016

    GM Plans $290 Million Investment in Corvette Plant

    Kentucky officials on Friday announced that General Motors Co. is planning to invest $290 million in its Bowling Green-based Corvette plant to improve technology and vehicle assembly line processes.

  • June 23, 2016

    Vikings Beat Wells Fargo In Battle Over Signs Near Stadium

    A Minnesota federal judge on Thursday ordered Wells Fargo Bank NA to remove illuminated roof signs placed on two 17-story office towers behind the Minnesota Vikings' new U.S. Bank Stadium that the football facility's backers said would adversely affect the stadium's "image."

  • June 23, 2016

    Sunoco Can't Appeal Order OK'ing Eminent Domain Challenge

    A Pennsylvania appeals court has turned away a Sunoco unit’s petition to appeal a lower court’s order that sustained a Clean Air Council lawsuit challenging the company’s proposed use of eminent domain to complete its Mariner East pipeline projects, saying review of the certified order is not warranted.

  • June 23, 2016

    Pa. Gov. Signs Bill Allowing Fracking Rules To Move Ahead

    Pennsylvania Gov. Tom Wolf on Thursday approved legislation that he says will allow for new regulations aimed at protecting the environment from the effects of unconventional oil and gas drilling, or fracking, though environmental groups have said that the bill gives the industry undue power.

  • June 23, 2016

    LA Metro OKs Tax Ballot Measure To Fund $120B Transit Plan

    Los Angeles’ Metropolitan Transportation Authority on Thursday approved a sales tax ballot measure to help fund $120 billion in rail and road improvements to advance the notoriously gridlocked city’s plans to bolster its public transit system.

  • June 23, 2016

    Xcel Energy Plans $400M Texas-To-N.M. Transmission Line

    Xcel Energy announced on Wednesday plans for a 240-mile high-voltage line that, if approved, will connect a substation near Abernathy, Texas, to one in New Mexico's Eddy County for a total cost of $400 million.

  • June 23, 2016

    Army Corps Fights Bid To Reopen PortMiami Dredging Suit

    The U.S. Army Corps of Engineers asked a Florida federal court to not reopen an Endangered Species Act case over now-completed dredging at PortMiami, arguing Wednesday that the suing environmentalists can iron out lingering issues over the project's impact on coral without further litigation.

  • June 23, 2016

    FTA Says NEPA Violations Don't Justify Halting $5B Project

    A California federal court shouldn’t set aside Los Angeles’ $5 billion subway expansion plan because any National Environmental Policy Act violations weren’t serious and the public interest weighs heavily in favor of a remedy that doesn’t delay the project, the Federal Transit Authority said Tuesday.

  • June 23, 2016

    Enviros Say DC Circ. Can Hear NY Nuke Plant Case

    Environmentalists on Thursday told the D.C. Circuit that the Nuclear Regulatory Commission and Entergy Nuclear Operations Inc. are wrong to argue the court can’t hear the environmental group’s petition for a review of the decision to restart a nuclear plant near New York City.

  • June 23, 2016

    High Court OT Ruling Dooms EPA Coal Permit Nix, Miner Says

    The U.S. Supreme Court's recent ruling that the U.S. Department of Labor did an unexplained about-face in saying that auto service advisers qualify for overtime is further evidence that the U.S. Environmental Protection Agency wrongly revoked coal permits from an Arch Coal unit, the company told the D.C. Circuit Wednesday.

  • June 23, 2016

    Aussie Solar Cos. Again Say $1.3M Award Must Be Nixed

    An Australian home solar company and its U.S. affiliate fought back against a Chinese solar panel maker’s effort to confirm a $1.3 million arbitral award for nonpayment in New York federal court Wednesday, saying the award is too vague and the arbitration process was unfair.

Expert Analysis

  • Preparing For The Imminent Rise Of Citizen Science

     Delmar R. Ehrich

    The rise of citizen science will pose major challenges to industry in environmental permitting, compliance, enforcement and risk management. As it starts to generate data that does not fit easily into the traditional environmental compliance model, companies must prepare to confront information about their facilities, the provenance and accuracy of which will likely be unclear, says Delmar R. Ehrich at Faegre Baker Daniels LLP.

  • How Lawyers Can Harness The Power Of Social Media

    Monica Zent

    It’s important to first decide what your personal brand is. Are you a crusader? A wry observer? A compassionate witness? Your social media presence doesn’t have to reflect the deepest aspects of your identity — it’s merely an image that you project, says Monica Zent, founder and CEO of Foxwordy Inc.

  • From The Partner's Desk: Tips For Recent Law Grads

    Gary M. Gansle

    One of the most prevalent complaints by associates and recent law school graduates is the lack of meaningful mentoring by more seasoned attorneys. Gary Gansle, leader of Squire Patton Boggs LLP's Northern California employment law practice, offers several tips as a light that can help junior attorneys start down the right path in their career development.

  • Panama Canal Expansion Could Increase Freight Claims

    Ronald Leibman

    The expected increase in shipments to East Coast ports as a result of the Panama Canal Expansion Project may lead to an increase in loss and damage claims, and with ocean carriers becoming more reluctant to settle cargo claims, shippers would be well served by reviewing their insurance policies to ensure that they're protected, say Ronald Leibman and Andrew Warner at Riker Danzig Scherer Hyland & Perretti LLP.

  • 'Taking My Talents To South Beach': Law Firm Version

    MarkACohen.jpg

    LeBron James has established his worth by tangible metrics. He cashed in on a free agent bonanza fueled by the NBA’s economic model that supports his regal compensation. But such is not the case when it comes to first-year associate salaries of $180,000 at certain law firms and $2,000 an hour billing rates for certain partners, says Mark A. Cohen, founder of Legal Mosaic LLC.

  • EPA Great Lakes Plan Greatly Contrasts Chesapeake Bay

    Erik D. Lange

    Following the U.S. Environmental Protection Agency’s success in defending its Chesapeake Bay plan, the Mississippi River Basin or the Great Lakes could be the next target of a regional total maximum daily load strategy. However, federal funding through the Great Lakes Restoration Initiative may incentivize land users to act voluntarily, alleviating the need for federal TMDL intervention, says Erik Lange at Squire Patton Boggs LLP.

  • FWS Proposes, Again, To Issue 30-Year Eagle Act Permits

    S. Keith Garner

    The proposed changes to the U.S. Fish and Wildlife Service's Eagle Act permitting program are likely to be welcomed by applicants. However, the amendments would introduce some uncertainty for holders of long-term permits, say Keith Garner and Khyati DalaI at Sheppard Mullin Richter & Hampton LLP.

  • Tax Issues In Selling Versus Leasing Oil And Gas Interests

    Elizabeth L. McGinley

    Before selling assets to generate additional cash flow owners of oil and gas interests must consider the federal income tax consequences. Among other intricacies, Elizabeth McGinley and Robert Jacobson at Bracewell LLP explain relevant federal income tax authorities that distinguish a leasing transaction from a sale and three common transfers of working interests that will constitute retained overriding royalty structures.

  • Structuring Ideas For Cash Investors In Solar Projects

    Scott Cockerham

    Solar developers must have a significant amount of equity in a project before the tax equity market will be interested. This creates demand for cash investors to help put in equity. Scott Cockerham of Chadbourne & Parke LLP discusses three financing structures that cash investors can use.

  • NY Energy Initiative May Offer Nationwide Framework

    Phyllis J. Kessler

    As traditional utility operations and ratemaking principles are being forced to change in light of technological advances and pressure from users, providers and commissions, the New York Public Service Commission’s Reforming the Energy Vision initiative introduces a framework for the role state electric utilities can play in the future, as energy markets transition to incorporate more distributed energy resources and employ third-p... (continued)