Project Finance

  • February 27, 2015

    Calif. Appeals Court Rules $6M Parking Project Rightly Nixed

    A California appeals court affirmed a lower court’s decision sustaining Los Angeles County’s denial of tax increment financing for a $6 million parking structure project the city of Palmdale undertook with a contractor after the dissolution of the city’s redevelopment agency.

  • February 27, 2015

    Valero Drops Texas, La. Terminals Down To MLP For $671M

    Valero Energy Partners LP said Friday it's agreed to pay $671 million for crude oil and petroleum terminals in Texas and Louisiana from subsidiaries of its general partner Valero Energy Corp.

  • February 27, 2015

    Concho Unveils $650M Upsized Stock Offering Amid Oil Slump

    Oil and gas driller Concho Resources Inc. said Thursday it is looking to raise $650 million in an upsized stock offering of 6 million shares following a stream of Texas drillers tapping the public markets amid low oil prices.

  • February 27, 2015

    DOI Provides $60M To Tribes In Water Rights Pact

    U.S. Secretary of the Interior Sally Jewell signed an agreement on Friday with the Shoshone-Paiute Tribes to guarantee their water rights in the state of Nevada and provide $60 million for water projects on the tribes’ reservation.

  • February 27, 2015

    Magellan, Plains Partner To Build $850M Crude Oil Pipeline

    Magellan Midstream Partners LP and Plains All American Pipeline LP said Friday that they're teaming up to build an $850 million pipeline that will ship crude oil from Colorado's Denver Basin to storage facilities in Oklahoma owned by the two midstream master limited partnerships.

  • February 26, 2015

    NJ Economic Development Agency Votes In New CEO

    The board of the New Jersey Economic Development Authority, which oversees tax incentive programs for job creation and development, voted Thursday to approve Melissa Orsen, currently the deputy commissioner of the state's Department of Community Affairs, as its next chief executive officer.

  • February 26, 2015

    Texas Appeals Court Boots Suit Over $100M Water Project

    A Texas appellate court on Thursday blocked the Guadalupe-Blanco River Authority’s bid to clear the way for a $100 million water project, saying a state law governing public bonds cannot be used to decide a dispute over ownership of treated wastewater.

  • February 26, 2015

    Albania, German Co. Sign Deal For $224M Power Line

    Albania is joining forces with a German company to build a power line running between that nation and Italy projected to be worth €200 million ($224 million), according to a statement released by the Albanian Energy Ministry on Wednesday.

  • February 26, 2015

    Google Invests $300M In SolarCity's $750M Project Fund

    Google Inc. is investing $300 million in a new SolarCity Corp. fund that will finance $750 million worth of solar projects, according to an announcement from SolarCity on Thursday.

  • February 26, 2015

    Enviros, Others Press Calif. Gov. For Fracking Moratorium

    Scores of community, environmental and health groups on Thursday petitioned California Gov. Jerry Brown for an immediate statewide moratorium on hydraulic fracturing and other forms of well stimulation, claiming the practices are contaminating aquifers.

  • February 26, 2015

    2nd Judge Halts TransCanada's Keystone Condemnations

    A second Nebraska state judge on Thursday ordered TransCanada Corp. to halt condemnation proceedings against scores of Nebraska residents living in the path of its proposed Keystone XL pipeline project, as both sides gird for another battle over a law allowing the governor to set the pipeline route.

  • February 26, 2015

    Cheniere To Offer $1B In Notes To Finance LNG Project

    Cheniere Energy Inc. said Wednesday that it will offer $1 billion in senior secured notes due in 2025 and use the cash to help finance construction of its $18 billion liquefied natural gas export project in Louisiana.

  • February 26, 2015

    EU High Court Says Czech Tax On Green Permits Violates Law

    The European Union’s highest court on Thursday said a gift tax imposed in the Czech Republic in 2011 and 2012 on greenhouse gas emission allowances distributed in the country runs afoul of EU law.

  • February 25, 2015

    PennEast's $1B Pipeline Plan Has Big Enviro Costs, FERC Told

    The New Jersey Chapter of the Sierra Club sent a letter Wednesday to the Federal Energy Regulatory Commission voicing opposition to PennEast Pipeline's proposed $1 billion project, urging FERC to issue a thorough environmental impact statement that will demonstrate environmental degradation for the purpose of profiteering.

  • February 25, 2015

    Calif. Appeals Court Backs State Cap-And-Trade Rules

    A California appeals court has shut down two environmental groups’ objections to cap-and-trade rules put in place by California's Air Resources Board, finding that the group’s interpretation of a law that created the program would hamstring its enactment altogether.

  • February 25, 2015

    Calif. Council OKs $2B Stadium From Rams Owner Kroenke

    The Inglewood City Council in California on Tuesday night voted unanimously to approve a $2 billion, 80,000-seat football stadium that would be developed by St. Louis Rams owner Stan Kroenke’s real estate firm and potentially lure the National Football League back to the Los Angeles area after a two-decade hiatus.

  • February 25, 2015

    Alon USA Energy Postpones Calif. Rail Project Until 2016

    Alon USA Energy Inc. expects to start operating a new rail unloading facility at its currently shuttered Bakersfield, California, oil refinery in 2016, after the company originally planned to finish the project later this year, according to the company’s presentation at the Credit Suisse Annual Energy Summit on Tuesday.

  • February 25, 2015

    House Dems Float Alternative Ex-Im Renewal Bill

    Democratic lawmakers on Wednesday unveiled a bill to renew the Export-Import Bank of the U.S. charter before its June 30 expiration, laying down markers for a looming fight with their Republican colleagues, which will include a debate over whether the bank should finance overseas coal projects.

  • February 25, 2015

    Rio Tinto CEO Muzzles Blockbuster Glencore Merger Chatter

    Rio Tinto PLC has no plans to merge with rival Glencore PLC because of weighty antitrust risks and little shareholder support, Rio Tinto's top executive said this week, dousing speculation over whether the mining goliaths were open to a blockbuster tie-up.

  • February 24, 2015

    Texas Agency Tightens 'Common Carrier' Pipeline Rules

    The Texas Railroad Commission on Tuesday adopted new revisions to its pipeline permitting process requiring operators to verify their status as a “common carrier,” a status giving contractors the power of eminent domain if they can’t negotiate the right to build on private land.

Expert Analysis

  • Bankruptcy-Remote Does Not Mean Bankruptcy-Proof

    Sarah K. Kam

    A lender’s expectations about the efficacy of protections designed into a loan structure may be unreasonable. Or, a borrower may simply ignore loan covenants or corporate requirements. In either case, the result could be a bankruptcy filing by an entity that was thought to be bankruptcy-remote, says Sarah Kam of Reed Smith LLP.

  • Fracking Study Is Another Tool For Defense Counsel

    Craig M. Warner

    Even as some journalists used Parr v. Aruba Petroleum Inc. to push an anti-fracking narrative, a bigger story has developed beneath the radar — scientific inquiry into hydraulic fracturing has increasingly demonstrated that expertly built and operated fracking operations pose few novel environmental dangers, says Craig Warner of King & Spalding LLP.

  • The Little Bat That Could Threaten The Energy Industry

    M. Benjamin Cowan

    There is a strong chance the U.S. Fish and Wildlife Service will list the Northern Long-Eared Bat under the Endangered Species Act as either endangered or threatened with a special take rule come April. Even the special take rule, as currently proposed, would do little to blunt the impact of a threatened listing on the bulk of the energy industry, say Benjamin Cowan and Andrew Davitt of Locke Lord LLP.

  • FERC's New Merger Review Proposal And Its Impact

    Mark C. Williams

    A proposed policy would significantly expand the scope of the ratepayer protection commitments that must be offered by electric utilities seeking Federal Energy Regulatory Commission approval for mergers and, as a result, may materially alter the financial calculus for companies considering those transactions. The proposed policy may also make recovery from bankruptcy even more challenging and uncertain, say attorneys with Morgan L... (continued)

  • Who Flips The Switch?

    Nancy Saracino

    The energy sector faces significant change, driven by factors ranging from shifting sources of electricity generation, to commercialization of emerging technologies and the experimentation with new market models. In many cases, however, there’s no clear policy as to whether the federal government or the states have jurisdiction, say attorneys with Crowell & Moring LLP.

  • Texas High Court Fuels Uncertainty Over Trespass Claims

    James E. Smith

    The Texas Commission on Environmental Quality is the second largest environmental agency in the world. Only the U.S. Environmental Protection Agency is larger. The Texas Supreme Court should recognize modern realities and the scope of TCEQ’s competence — case in point, Environmental Processing Systems LC v. FPL Farming Ltd., says James Smith of Porter Hedges LLP.

  • Options For Energy Investors Amid Falling Oil Prices

    Michael Polkinghorne

    While the legal options available to those with long-term energy projects governed in a common law jurisdiction will likely lie within the four corners of a contract with very limited exceptions, the doctrine of hardship may provide relief for participants plagued by plunging oil prices in civil law jurisdictions, say attorneys at White & Case LLP.

  • Framework For Fracking Regulation Begins To Flesh Out

    Mark S. Barron

    The real import of SWEPI LP v. Mora County is not its result — it is its framework. The case advances the legal thinking on questions of local control and constitutional protection of mineral rights, but it does not provide any conclusive answers to either of these two issues that continue to dominate the policy debate over how best to regulate domestic oil and gas production, says Mark Barron of Baker & Hostetler LLP.

  • Top 10 Questions Facing The LNG Industry In 2015

    Philip Weems

    Oil prices are on everyone's minds, but many other factors can have an impact on liquefied natural gas supplies, demand or both. Until the answers to certain questions reveal themselves in 2015, it will be uncertain whether the LNG industry will continue to enjoy its earlier-predicted pattern of steady growth, say Philip Weems and Monica Hwang of King & Spalding LLP.

  • LNG Facilities Outside NYC? Not So Fast

    Ruth E. Leistensnider

    While the New York State Department of Environmental Conservation's new rules create a regulatory framework for new liquefied natural gas facilities outside New York City, applicants should be aware of long time frames given the State Environmental Quality Review Act process and possibility of public opposition to such facilities after the state's ban on hydraulic fracturing, say Ruth Leistensnider and Peter Trimarchi of Nixon Peabody LLP.