Project Finance

  • October 21, 2016

    Enviros Press DC Circ. To Act On $971M Pipeline Block Plea

    A coalition of environmental and community groups urged the D.C. Circuit on Thursday to rule on their bid to halt construction of a $971 million gas pipeline project before Oct. 28 because the developer has asked the Federal Energy Regulatory Commission for authorization to put into operation of most of the project by that date.

  • October 21, 2016

    San Diegans To High Court: $1.3B Project Needs Terror Review

    A group of San Diego residents has asked the U.S. Supreme Court to overturn the Ninth Circuit’s finding that the U.S. military properly weighed the risks of terrorist attacks in an environmental study required for the approval of a $1.3 billion waterfront development project.

  • October 21, 2016

    FERC Says $42M Pa. Trader Manipulation Case Is Rock Solid

    The Federal Energy Regulatory Commission on Thursday told an Ohio federal judge that its bid to enforce $42 million in market manipulation penalties against a now-shuttered Pennsylvania trading firm and energy traders was sound because the trading activity it red-flagged clearly violated FERC's anti-manipulation rule.

  • October 21, 2016

    E.ON Presses Forward On Illinois Wind Farm Despite Suit

    A wind farm project in downstate Macon County has continued to progress, despite a pending lawsuit seeking a permanent injunction against the farm's construction.

  • October 21, 2016

    Taxation With Representation: Vinson, Wachtell, Latham

    In this week’s Taxation With Representation, a Colorado-based petroleum company expands its footprint in Texas with a $1.6 billion deal, grocery wholesaler Supervalu sells its discount retail unit to a Canadian firm, and cosmetics giant Coty makes a $510 million deal with a British private equity shop.

  • October 21, 2016

    EPA Issues New Oil And Gas Ozone Emission Guidelines

    The U.S. Environmental Protection Agency has published new emission control guidelines for the oil and gas industry to help state, local and tribal air agencies that must reduce smog levels in their jurisdictions.

  • October 21, 2016

    FERC Mulls Changes To Oil Pipeline Rate Cap Reviews

    The Federal Energy Regulatory Commission on Thursday said it would consider changes to how it evaluates changes to an index it uses to set annual caps for oil pipeline rate increases, in order to better ensure that transportation rates charged by pipeline operators are just and reasonable.

  • October 20, 2016

    Enviros Want In On BLM Oil & Gas Lease Auction Suit

    Nine environmental groups asked a New Mexico federal judge Wednesday for permission to intervene in an oil and gas industry group’s lawsuit alleging the Bureau of Land Management has failed to hold quarterly sales for mineral leases, saying the agency doesn’t adequately represent their interests.

  • October 20, 2016

    NY Nuke Fight Puts Spotlight On High Court Subsidy Ruling

    New York's plan to offer subsidies for three struggling nuclear power plants has drawn a legal challenge that experts say could lead to the first significant ruling on the scope of the U.S. Supreme Court's April decision that power plant subsidies offered by Maryland usurped federal authority over wholesale electricity markets.

  • October 20, 2016

    Tribe Can File Own Complaint In Dakota Access Challenge

    A D.C. federal judge on Wednesday "reluctantly" agreed to let the Cheyenne River Sioux Tribe file its own complaint as an intervenor in the Standing Rock Sioux Tribe's challenge to U.S. Army Corps of Engineers permits for the Dakota Access pipeline, after the historically connected tribes had argued their interests might diverge as the litigation goes on.

  • October 20, 2016

    Goodell Says NFL Still Opposed To Legalized Gambling

    National Football League Commissioner Roger Goodell again expressed opposition to legalized sports gambling at a press conference at the league fall meeting Wednesday even as gambling mecca Las Vegas is courting an NFL franchise.

  • October 20, 2016

    InterOil Shareholder Gets Quick Appeal Of $2.5B Exxon Deal

    The Court of Appeal of the Yukon granted an expedited hearing in the InterOil Corp. shareholder dispute over Exxon Mobil Corp.’s $2.5 billion purchase of the Singaporean oil and gas company, meaning it will hear the shareholder’s appeal at the end of October.

  • October 20, 2016

    NJ Assembly Votes For Subpoena Power In NJ Transit Probe

    Garden State lawmakers on Thursday voted to grant a legislative committee subpoena power to investigate New Jersey Transit’s finances and operations, which came under scrutiny in the wake of a fatal commuter train crash last month.

  • October 20, 2016

    FERC Chief Of Staff Jumps To PSEG For Regulatory Post

    Public Service Enterprise Group Inc. said Thursday it has brought on Larry Gasteiger, chief of staff for the Federal Energy Regulatory Commission, to fill a new post at the New Jersey-based energy distributor as chief of federal regulatory policy.

  • October 19, 2016

    Energy Coalition Sues NY Over Nuclear Plant Subsidies

    A coalition of energy companies and groups filed a suit in federal court Wednesday against New York Public Service Commission officials over the state’s plan to subsidize a group of nuclear power plants that have been struggling.

  • October 19, 2016

    8th Circ. Remands Tribes' Suit Over Paradigm Pipelines

    The Eighth Circuit on Wednesday remanded an appeal by officials for the Three Affiliated Tribes of a ruling blocking them from interfering with Paradigm Energy Partners LLC’s construction of a pair of pipelines underneath a lake on their reservation, with directions to consider whether that decision should be undone.

  • October 19, 2016

    NJ Transit Gets $8M Jury Verdict On Land Value Reversed

    A New Jersey appeals court on Wednesday reversed an $8.15 million jury award to the owners of a nearly two-acre plot of land seized by New Jersey Transit Corp., ruling that the owners did not prove a proposed cul-de-sac would have received municipal approval.

  • October 19, 2016

    Enviros Lose Bid To Block $500M Austin Highway Projects

    Austin, Texas, residents and environmentalists lost their bid to temporarily block the start of any groundwork and preparations on $500 million in highway improvement projects after a federal judge ruled Wednesday that local transportation officials complied with the proper regulations before greenlighting the projects.

  • October 19, 2016

    Duke Energy Not Entitled To $10M Gas Buy Refund, PJM Says

    Regional grid operator PJM Interconnection LLC on Tuesday backed the Federal Energy Regulatory Commission's refusal to allow Duke Energy Corp. to recover $9.84 million in losses after it bought natural gas in anticipation of 2014’s polar vortex, saying the utility giant hasn't shown that it's entitled to the refund.

  • October 19, 2016

    Calif. Tribe Files Complaint In Feds' CAA Suit Against Plant

    The Blue Lake Rancheria Tribe told a federal court Tuesday that Blue Lake Power LLC has violated the Clean Air Act at a California biomass-fired electricity plant that has resulted in excess emissions at the facility.

Expert Analysis

  • 'Production Sharing Agreement' Wells: Pros And Cons

    Andrew Zeve

    Production sharing agreement wells and allocation wells present workable alternatives to pooling the tracts needed to drill a horizontal well, but are not without risk, and will often create additional issues that should be considered in planning for the future development of an oil or gas operator’s underlying leasehold position, say Andrew Zeve, Austin Lee and Jonathan Seliger of Bracewell LLP.

  • When Your Client Is The President


    I went to the law books, where I discovered the crime of “obstruction of justice,” and realized I was right in the middle of a criminal conspiracy. I didn't fully understand my conduct during Watergate until — decades later — I learned about the psychology of cover-up at work, says John Dean, who served as White House counsel for President Richard Nixon.

  • Trial Pros’ Secret To Courtroom Success

     Jamin S. Soderstrom

    Somewhat surprisingly, very few of the dozens of "trial pros" who have been interviewed by Law360 have revealed the secret to effective trial preparation that is vital to their success. But ultimately, the “secret” to effective trial preparation is not actually a secret, says Jamin Soderstrom of Soderstrom Law PC.

  • Private Equity Flows To Oil And Gas As Prices Stay Low

    Alan Burke

    Over the past 24 months, the low oil price environment has led to increased interest in the hydrocarbon sector from private equity investors. Attorneys at White & Case LLP examine factors that have incentivized PE houses to contemplate entry into the upstream oil and gas market, as well as the challenges to such PE investment.

  • Preparing For Changes To Federal Appellate Rules

    Matthew J. Dowd

    On Dec. 1, 2016, several important amendments to the Federal Rules of Appellate Procedure take effect. The most impactful amendment is the shortening of the permissible length of appellate briefs, which will affect many appeals and will have a particularly significant impact on complex appeals such as patent cases, says Matthew Dowd of Dowd PLLC.

  • Calif. High Court Throws Wrench In Cooperative Federalism

    Samuel L. Brown

    The holding and logic of the California Supreme Court’s recent decision in Department of Finance v. Commission on State Mandates has the potential for significant implications in California and nationwide. Importantly, the logic of the decision could apply to any cooperative federalism-based environmental statute, potentially opening the door to other challenges to state implementation of federal laws, says Samuel Brown of Hunton & Williams LLP.

  • Taking Advantage Of DOE Efficiency And Solar Tech Funding

    Stephen Bolotin

    The U.S. Department of Energy has recently made a number of upcoming funding opportunity announcements for technologies related to building efficiency and solar energy. Stephen Bolotin of Holland & Knight LLP reviews these upcoming FOAs, and offers applicant guidance based on past experience with these programs.

  • Funding And P3s For Water Infrastructure Projects: Part 2

    Paul J. Epstein

    According to recent estimates by the U.S. Environmental Protection Agency, funding needs for water infrastructure capital improvements total more than $650 billion over the next 20 years. In the final part of this two-part series, Paul Epstein of Shearman & Sterling LLP discusses the use of public-private partnerships in the water sector to fill funding gaps and as an alternative procurement method.

  • Funding And P3s For Water Infrastructure Projects: Part 1

    Paul J. Epstein

    The overall condition of U.S. water infrastructure is poor and is worsening. Paul Epstein of Shearman & Sterling LLP outlines the key financing sources that may be tapped by water utilities, and efforts that are being made to enhance or expand these sources, including the proposed Water Resources Development Act, which Congress is expected to finalize this year.

  • OPINION: 3rd-Party Litigation Funding Needs Transparency

    Lisa A. Rickard

    The practice of third-party litigation funding, in which funders front money to plaintiffs law firms in exchange for a cut of any settlement or money judgment, is growing increasingly popular. Currently, litigators are not required to disclose the involvement of third-party funders, but transparency will improve justice in courts, say Lisa Rickard, president of the U.S. Chamber Institute for Legal Reform, and Mark Behrens, a partne... (continued)