Project Finance

  • August 29, 2014

    Keystone XL's Fate May Hinge On Neb. Supreme Court Ruling

    The Nebraska Supreme Court has set a Sept. 5 hearing to consider the state’s challenge to a decision striking down a law that authorizes the governor to approve the route for the Keystone XL pipeline — a case the Obama administration has said will have a huge impact on whether the controversial project can move forward.

  • August 29, 2014

    GAO Dings Ex-Im Bank's Duel-Use Financing Oversight

    The Export-Import Bank of the United States must improve its policies for ensuring that the defense goods and services it helps to export are being used for civilian purposes, particularly when it does not receive adequate documentation, according to a Government Accountability Office report released Thursday.

  • August 29, 2014

    US, Myanmar Broker $480M PE-Backed Solar Project

    New York-based private equity firm ACO Investment Group will partner with Myanmar to develop an approximately $480 million solar energy project in the Southeast Asian nation, U.S. Trade Representative Michael Froman announced Thursday as part of the U.S.’ ongoing efforts to attract investment and trade with Myanmar.

  • August 29, 2014

    Enviros Urge Calif. Court To Block $477M Sacramento Arena

    A $477 million sports arena planned for downtown Sacramento, California, was wrongfully pushed through an expedited approval process with the help of an unconstitutional law, environmental activists who seek to block the project argued in a brief filed Friday in California appeals court.

  • August 29, 2014

    HelioSage Energy Sells Portfolio Of 12 NC Solar Projects

    Utility-scale solar project developer HelioSage Energy announced Friday that it has sold for an undisclosed amount a portfolio of 12 finished and nearly finished solar facilities in eastern North Carolina that are expected to generate 100 million kilowatt-hours annually.

  • August 29, 2014

    Pulling Up Stakes: Ropes & Gray, King & Spalding, Tandem

    In this week's dealmakers on the move, Ropes & Gray LLP picked up a U.K. private equity pro from Travers Smith LLP in London, while King & Spalding LLP added a corporate partner from Freshfields Bruckhaus Deringer LLP in New York, and Washington, D.C., boutique law firm Tandem Legal Group nabbed two tax and M&A pros from Skadden Arps Slate Meagher & Flom LLP.

  • August 29, 2014

    US Agrees To GHG Review In Colo., But Enviros Want More

    The federal government on Wednesday told a Colorado federal judge it will analyze the cost of greenhouse gas emissions related to an Arch Coal Inc. lease exploration plan, ignoring environmentalists’ demand that such analyses be incorporated more broadly.

  • August 29, 2014

    $2.8B Duke Sale Promises More Merchant Power Exits

    Duke Energy Corp.’s recently-announced $2.8 billion sale of its Midwest merchant generation and retail businesses to Dynegy Inc. is the latest deal to signal a retreat by traditional utilities from the unregulated space, which experts say will spur consolidation in the merchant power sector and create more opportunities for private equity firms and other nontraditional power players.

  • August 29, 2014

    BLM Reopens Door To California Oil Leasing For Fracking

    The Bureau of Land Management is reopening the door for oil leasing in California with a new comprehensive strategy for the federal oil and gas program in the state based on a independent science review of fracking and related technologies, the agency announced Thursday.

  • August 29, 2014

    Duke Energy Indiana Proposes $1.9B Grid Upgrade Plan

    Duke Energy Indiana Inc. is proposing a seven-year, $1.9 billion plan to state utility regulators to modernize Indiana’s electric grid, with customers helping to foot the bill through rate increases, the company said Friday.

  • August 29, 2014

    Minn. Regulators Greenlight Enbridge Pipeline Expansion

    The Minnesota Public Utilities Commission on Thursday approved the second phase of Enbridge Inc.'s planned expansion of the U.S. portion of its Alberta Clipper oil sands pipeline, part of a cross-border effort by the company to boost the pipeline's capacity.

  • August 28, 2014

    Chinese Investors, US Developers Anxious About EB-5 Delays

    The U.S. government's recent announcement that it cannot issue any new EB-5 visas to Chinese investors over the next month is creating unrest among that vast pool of applicants and, with more delays expected, is raising concerns about developers' ability to meet job creation requirements.

  • August 28, 2014

    Intrepid Mines Offers $103M Share Buyback In Blackthorn Bid

    Australian natural resources firm Intrepid Mining Ltd. on Thursday proposed a roughly $103 million share buyback and a $54.7 million merger with Blackthorn Resources Ltd., with an eye toward pursuing a copper mining project in Zambia.

  • August 28, 2014

    Shell Files Revised 2015 Arctic Oil Drilling Plan With Feds

    Royal Dutch Shell PLC has submitted revised plans to the U.S. Bureau of Ocean Energy Management to potentially resume drilling for oil in Arctic waters off Alaska in 2015, according to media reports on Thursday.

  • August 28, 2014

    Ex-SC Lawmaker Pleads Not Guilty To Money Laundering

    A former South Carolina state legislator pled not guilty Thursday to federal money laundering and fraud charges for allegedly helping the owner of a paving company conceal assets from an insurer after the company defaulted on a $6 million contract for a highway project.

  • August 28, 2014

    Apex Wind Turbine Project Is Unhealthy, Suit Says

    A group of Oklahoma wind farms currently proposed by Apex Clean Energy and slated to include numerous 500-foot turbines will have adverse health effects and result in de facto “no-build zones” to which property owners never consented, according to a proposed class action filed on Wednesday in federal court.

  • August 28, 2014

    German Cartel Office Fines Mining Cos. €17M For Bid-Rigging

    Germany’s competition watchdog slapped five specialist mining companies with fines totaling €17.4 million ($22.9 million) for alleged bid- and price-rigging on Thursday, with the regulator’s president saying they colluded to divide projects among themselves.

  • August 28, 2014

    Opponents Take Cape Wind Power Deal Row To 1st Circ.

    A Cape Cod town and other local businesses urged the First Circuit on Monday to revive their suit alleging Massachusetts officials illegally pressured a utility company to buy power from the $2.6 billion Cape Wind offshore wind farm, saying their suit wasn’t barred by the Eleventh Amendment.

  • August 28, 2014

    Crew Energy Lands $138M In Sale Of Alberta Oil, Gas Assets

    Canadian oil and gas company Crew Energy Inc. will sell assets located in Princess, Alberta for about C$150 million ($138.2 million) in cash as part of its strategy to cosolidate its efforts, the company said Thursday.

  • August 27, 2014

    Miami Open Organizer Asks Court To Back $50M Upgrade

    The organizer of the Miami Open urged a Florida state judge Wednesday to upend more than two decades of legal wrangling over restrictions on the professional tennis tournament's venue in Crandon Park on Key Biscayne, saying the resulting inequitable system threatens to prevent a vital $50 million expansion.

Expert Analysis

  • 5 Reasons Large Companies Are Turning To Boutique Firms

    David M. Levine

    The departure of attorneys from large firms is a trend that has increased as a result of the Great Recession and its aftermath, and boutique firm partners who previously worked at large firms understand the potential large-firm pitfalls, say attorneys with Levine Kellogg Lehman Schneider & Grossman LLP.

  • How To Protect In-House Legal Privilege Internationally

    Martje Verhoeven-de Vries Lentsch

    Many companies regularly communicate with in-house legal advisers all over the globe. Are these communications privileged? By answering five questions, companies and attorneys can perform a high-level, initial assessment of legal privilege protection in a multijurisdictional context, says Martje Verhoeven-de Vries Lentsch of De Brauw Blackstone Westbroek and Haynes and Boone LLP.

  • Tales From The Dark Side Of Emerging Markets

    Kevin Atkins

    The challenges facing investors in emerging markets can increase exponentially when host governments are interventionist and prioritize nationalistic policies over the development of resource wealth, as seen in some transactions in the oil and gas sector, say Kevin Atkins and Rahwa Gebretnsaie of Chadbourne & Parke LLP.

  • Tax-Free REIT Spinoffs Could Be The Next Big Thing

    Thomas A. Humphreys

    Windstream Holdings Inc.’s recent tax-free real estate investment trust spinoff highlights an intriguing option for U.S. corporations — particularly those in the technology, telecommunications or utility sector — as the IRS continues to expand the range of “real estate” assets that can be held by an REIT, say Thomas Humphreys and Matthew Lau of Morrison & Foerster LLP.

  • The Elusive At-Risk Element Of EB-5

    Mona Shah

    Although EB-5 regulations address the “at-risk” requirement of the immigrant investor program, neither the statute nor the existing body of EB-5 case precedents specifies precisely what the degree of risk must be, say Mona Shah and Yi Song of Mona Shah & Associates.

  • Tax Credit Timetable Should Lead The Way For Renewables

    John C. Crossley

    Developers in the renewable energy industry that are able to move quickly now have a clearer path forward for a number of projects that appeared quite risky prior to the recent release of additional guidance on production tax credits from the Internal Revenue Service, says John Crossley of Husch Blackwell LLP.

  • 9th Circ. Permit Ruling Could Affect Projects Nationwide

    Sandra Y. Snyder

    The Ninth Circuit's ruling in Sierra Club v. EPA may have broad implications for the timing of Clean Air Act preconstruction permitting, which may be compounded by a recent D.C. Circuit opinion that could ultimately require the U.S. Environmental Protection Agency to apply this precedent on a national scale, say Richard Alonso and Sandra Snyder of Bracewell & Giuliani LLP.

  • How To Control Risk And Cost Of E-Discovery

    "If you follow the philosophy of saving everything you're just multiplying exponentially the costs and risks of litigation and investigations," says Robert Owen, partner in charge of Sutherland Asbill & Brennan LLP's New York office and president of the Electronic Discovery Institute.

  • A Review Of The Subscription Credit Facility Market

    Michael C. Mascia

    Despite the nearly uniform positive trending in the data supporting facility credit performance, none of it goes to the heart of the fundamental credit underwriting premise of a facility. And from this vantage point, the 2014 year-to-date trending has been far less beneficial for lenders, say attorneys with Mayer Brown LLP.

  • A Temporary Detour For Highway Transportation Funding

    Paul J. Epstein

    Given the passage of the Highway and Transportation Funding Act of 2014, the resumption of bipartisan discussions regarding a long-term bill is unclear. The act possibly postpones debate regarding the future shape of federal surface transportation funding until a new Congress is sworn into office in 2015, says Paul Epstein of Shearman & Sterling LLP.