Project Finance

  • October 31, 2014

    $393M Bond Issue For New Miami Courthouse Faces Long Odds

    Proponents of a project to fund the replacement of the dilapidated Miami-Dade County courthouse through a $393 million bond issue will face an uphill battle Tuesday with voters weary of publicly funded buildings, and those voters could force the county commission to scramble for alternate financing to fix a building that judges and lawyers say no longer serves their needs.

  • October 31, 2014

    US Dept. Of Energy Awards $13M For Nuclear Reactor R&D

    The U.S. Department of Energy said on Friday that it is awarding a total of $13 million to five companies to support research and development projects for advanced nuclear reactor technology as part of President Barack Obama's Climate Action Plan.

  • October 31, 2014

    Duane Morris Adds Akin Gump Energy Project Pro

    Duane Morris LLP said this week that it's boosted its energy and construction practices by bringing aboard a former Akin Gump Strauss Hauer & Feld LLP counsel with significant project finance chops, especially in the renewable energy space.

  • October 31, 2014

    EPA Outlines Greater Role For Climate Change Considerations

    The U.S. Environmental Protection Agency on Friday outlined strategies various offices within the agency will take to incorporate climate change considerations into their policies and procedures, such as incorporating the cost of adapting to climate change to a greater extent in economic modeling.

  • October 31, 2014

    EPA Gives Thumbs Up To Texas GHG Permitting Plan

    The U.S. Environmental Protection Agency on Friday approved Texas' program to issue greenhouse gas permits for building new or modified facilities, ending a two-plus-year stretch in which the federal agency handled the permitting duties in the Lone Star State.

  • October 31, 2014

    Pa. Gov.’s $95M Park Drilling Plan Faces 2nd Enviro Suit

    The Delaware Riverkeeper Network on Thursday became the second Pennsylvania environmental group to challenge Gov. Tom Corbett’s plan to lease state park and forest land to raise $95 million for the state’s general fund, claiming that the governor’s executive order violates the state’s constitution.

  • October 31, 2014

    EPA To Give Public More Industry Pollution Data, Giles Says

    Industries regulated by the U.S. Environmental Protection Agency are increasingly likely to face scrutiny from private citizens, as pollutant monitoring technology becomes widely available and government data is easier to use — a trend the agency fully supports, Cynthia Giles, the head of EPA’s enforcement division, told Law360. This is part two of a two-part series.

  • October 31, 2014

    Pulling Up Stakes: Baker & McKenzie, Kirkland, Manatt

    Lateral hires at Baker & McKenzie LLP make up this week’s roundup of dealmakers on the move with the firm bringing on a seasoned corporate M&A veteran in Melbourne, Australia, as well as a prominent seven-attorney transactional team in Mexico City.

  • October 31, 2014

    8 Ballot Measures Attorneys Will Be Watching

    Voters on Tuesday will decide the fate of myriad state and local initiatives that address issues as varied as fracking, medical marijuana and care for terminally ill patients. Here, Law360 looks at eight ballot initiatives that could have significant nationwide implications, should they pass or fail.

  • October 31, 2014

    Taxation With Representation: Akin, Cravath, Skadden, Weil

    In this week's Taxation with Representation, Chiquita Brands International Inc. gets picked up by private Brazilian investors with a little help from Skadden and Cravath attorneys, while Western Gas Partners LP buys Nuevo Midstream LLC in a $1.5 billion deal.

  • October 31, 2014

    Ares Nabs Energy Infrastructure Manager With $4B In Assets

    Ares Management LP is shifting toward a more energy-heavy strategy with a Friday agreement to acquire asset manager Energy Investors Funds, which has $4 billion in its funds.

  • October 30, 2014

    San Antonio Approves $3.4B Water Supply Pipeline

    San Antonio’s city council on Thursday unanimously approved a $3.4 billion, 30-year water supply project planned to bring up to 16.3 billion gallons a year to the city through a 142-mile pipeline.

  • October 30, 2014

    Enviros Attack Wash. Permit For Nuke Plant Water Pollution

    Environmental groups challenged a Washington state decision to issue a water pollution permit to a commercial nuclear reactor in a lawsuit filed Wednesday in Washington state court, claiming the state violated federal and state water quality laws by issuing the permit.

  • October 30, 2014

    K&L Gates Settles Malpractice Suit, Pulls High Court Appeal

    K&L Gates LLP on Tuesday settled a malpractice suit over an investment in a natural gas project, making moot a pending appeal before the Texas Supreme Court that sought to block the firm from accessing trade secret reserve data for a drilling project related to the suit.

  • October 30, 2014

    Alaska Drilling Project Clears BLM Environmental Review

    The first oil and gas drilling project proposed on federal lands in Alaska cleared a major hurdle Wednesday, as the U.S. Department of the Interior unveiled a final environmental review that it says will limit the ConocoPhillips Co. project’s impact on wildlife and native cultures.

  • October 30, 2014

    EPA’s Cynthia Giles Says New Tech Is Fueling Enforcement

    The U.S. Environmental Protection Agency's program to increase use of new technology in environmental monitoring has uncovered more pollution than expected and led to tough compliance actions over air, water and waste rules, enforcement chief Cynthia Giles told Law360. This is part one of a two-part series.

  • October 30, 2014

    9th Circ. Rebuffs Enviros, Gives LA Port Project OK

    The Ninth Circuit on Thursday ruled that the U.S. Department of Transportation properly approved a proposed expressway for trucks leaving the ports of Long Beach and Los Angeles, affirming a lower court's dismissal of the Natural Resources Defense Council's suit seeking to block the project.

  • October 30, 2014

    TerraForm Pays $250M For 39 Capital Dynamics Solar Assets

    In an effort to bolster its solar capabilities, SunEdison Inc. subsidiary TerraForm Power Inc. has agreed to buy a portfolio of solar energy assets from Swiss asset manager Capital Dynamics for about $250 million, the companies said late Wednesday evening.

  • October 30, 2014

    Pa. Rep Launches Probe Into Fracking Waste Disposal

    A Pennsylvania congressman has asked the state’s Department of Environmental Protection to hand over records about its process for monitoring the handling and disposal of waste from hydraulic fracturing as part of a nationwide investigation by a U.S. House of Representatives subcommittee.

  • October 30, 2014

    Statoil, Others Reach Deal Over $6B Gulf Of Mexico Project

    Norwegian oil giant Statoil ASA said Thursday it has struck an investment agreement with the other owners of the $6 billion Stampede deepwater oil project in the Gulf of Mexico that will move the venture closer to production.

Expert Analysis

  • The Legal Professions’ Curious Under-Use Of 2nd Opinions

    Judge Wayne D. Brazil

    As conscientious professionals who are required to address problems with notoriously elusive dimensions, lawyers should consider securing second opinions in a much wider array of circumstances than has been the norm, says Judge Wayne Brazil, a neutrual with JAMS and former magistrate judge in the U.S. District Court for the Northern District of California.

  • China's New Disclosure Rules And Staying Off The Blacklist

    David A. Livdahl

    Companies on either the Noncompliance Blacklist or the Serious Violation Blacklist under China’s new disclosure system will face credit restrictions, government procurement restrictions or bars, and restricted eligibility to bid on projects and purchases of state-owned land. We suggest that companies designate specific employees to be responsible for keeping the required records, say attorneys with Pillsbury Winthrop Shaw Pittman LLP.

  • Use Social Media For Legal Service Only As A Last Resort

    Steven Richard

    Courts remain largely skeptical about allowing litigants to serve and notify evasive parties of legal proceedings through their social media accounts. A recent split ruling by the Oklahoma Supreme Court shows the competing considerations, say Steven Richard and Britt Killian of Nixon Peabody LLP.

  • An Associate's Perspective On Business Development

    Jason Idilbi

    Let’s face it: Taking friends or acquaintances to Justin Timberlake concerts or golf at the Ocean Course is not how we as law firm associates are going to develop business. Our primary value comes not from out-of-office networking jaunts but from bearing a laboring oar for our partners. Which is why our best approach to business development is more likely from the inside out, says Jason Idilbi of Moore & Van Allen PLLC.

  • Oregon Spotted Frog Listing Will Have Wide-Ranging Impact

    Myles A. Conway

    The “threatened” listing of the Oregon spotted frog will affect water storage and diversion regulations, development activity and agricultural practices in several Oregon and Washington counties. In the implementation of this listing, federal regulators will need to balance the needs of the spotted frog with competing legal requirements that provide for the protection of other federally listed species, says Myles Conway of Marten Law PLLC.

  • New Jurisdictional Issues When Moving To Quash A Subpoena

    Steven Luxton

    The Nevada federal court's recent ruling in Agincourt Gaming LLC v. Zynga Inc. is an important reminder that a nonparty wanting to challenge a civil subpoena should consider carefully the appropriate jurisdiction in which to file a motion to quash under recently enacted Rule 45, say Steven Luxton and Brad Nes of Morgan Lewis & Bockius LLP.

  • Talking The Talk: Nuclear Energy Lingo For Bankers

    George Borovas

    Three and a half years after the accident at the Fukushima Daiichi nuclear power plant, the nuclear industry is experiencing somewhat of a revival, however the apparent disconnect between its rhetoric and the mindset of financiers must be overcome to stimulate the successful development of new plants, say George Borovas and Helen Cook of Shearman & Sterling LLP.

  • Texas Clears Path For Property Damage Calculations

    Bryan D. Rohm

    In Wheeler v. Enbridge Pipelines, the Texas Supreme Court provided guidance to midstream companies on the proper calculation of damages to real property stemming from the breach of a pipeline right-of-way agreement — a decision that has implications well beyond the oil and gas industry, say attorneys with K&L Gates LLP.

  • What Litigators Can Learn From Novelists

    Michael H. Rubin

    Many legal briefs are written in impenetrable jargon and begin with an introduction telling the court what it already knows, using words that stem from the 18th century, such as “hereinafter.” Instead, we should approach briefs the way novelists approach their writing, says Michael Rubin of McGlinchey Stafford PLLC.

  • Encouraging Gas Development In China — A Work In Progress

    Vincent X. Wang

    Recent Chinese regulatory measures are but a first step in establishing a regime that will encourage foreign investment in midstream gas infrastructure by private investors. More attention needs to be paid to establishing a platform that offers fair rules of play for private businesses seeking to compete with powerful state-owned monopoly players, say Barbara Jost and Vincent Wang of Davis Wright Tremaine LLP.