Project Finance

  • August 20, 2014

    GOP Rep. Rips FEMA's Anti-Fracking Land Acquisition Policy

    U.S. Rep. Lou Barletta, R-Pa., and a group of energy industry officials on Wednesday slammed a U.S. Federal Emergency Management Agency policy unveiled in May barring the acquisition of flood-prone properties that could host hydraulic fracturing activity due to separate ownership or leasing of subsurface rights.

  • August 20, 2014

    Indian Cabinet Approves $1.4B New Metro Rail Project

    India’s cabinet on Wednesday approved an 8,860 rupee ($1.46 billion) rail project to jumpstart mass transit and alleviate congestion in the western state of Maharashtra, the country’s second-most populous state.

  • August 20, 2014

    Cloud Peak Energy Pays $45M To Settle Rio Tinto Tax Deal

    Coal producer Cloud Peak Energy Inc. said Wednesday that it has paid $45 million to energy giant and former owner Rio Tinto Group to end a tax-receivable agreement set up during Cloud Peak's 2009 initial public offering, settling all future liabilities.

  • August 20, 2014

    Nev. Board OKs Vegas Highway Project Bonds In Shift From P3

    Nevada state officials have decided to shift to a more traditional form of funding for a massive $1 billion plan to expand Interstate 15 in Las Vegas, dubbed Project Neon, choosing to pursue bonds over previously pursued public-private partnership, or P3, financing.

  • August 20, 2014

    EBRD Targets $890M In Road Funds To Benefit Moldova

    The European Bank for Reconstruction and Development said Wednesday it is leading a partnership providing €670 million ($890.3 million) to upgrade aging Moldova roads, a project designed to modernize the former Soviet republic’s infrastructure and ease commerce with trading partners.

  • August 20, 2014

    Thompson & Knight Gets $960K Malpractice Judgment Nixed

    A Texas appeals court on Tuesday reversed a $960,000 malpractice judgment against Thompson & Knight LLP in a suit that sought to hold the firm responsible for failing to discover a title defect in an oil and gas deal, saying there was insufficient evidence to support the damages.

  • August 20, 2014

    Alaska Oil Tax Cut Poised To Survive Repeal Bid

    Alaskan voters in Tuesday's primary said no to a measure that would repeal a series of tax credits to companies in the oil and gas service industry in the state.

  • August 20, 2014

    NYC Judge Rejects Challenge To $3B Willets Point RE Plan

    A Manhattan trial judge on Wednesday dismissed a challenge brought by city community groups to a $3 billion plan to develop a blighted area bounded by Citi Field, Flushing Meadows and Corona Park in Queens, New York, finding city and state law contemplate the project as part of the public interest.

  • August 20, 2014

    Ex-Im Chief Threatened With Subpoenas In Renewal Probe

    The chairman of the House Financial Services Committee on Monday criticized the U.S. Export-Import Bank for failing to provide the committee with information that lawmakers have requested as they consider renewing the Ex-Im charter, saying that the panel may force the bank to comply through subpoenas.

  • August 20, 2014

    DOI Reaps $110M In Gulf Of Mexico Oil Lease Auction

    ConocoPhillips Co. and Chevron Corp. were among the top bidders in the $110 million reaped by the U.S. Department of Interior for oil and gas drilling leases covering over 430,000 million acres in the Gulf of Mexico off the Texas coast, the agency said Wednesday.

  • August 20, 2014

    US Energy Dept. Invests $67M In Nuclear Energy R&D

    The U.S. Department of Energy said Wednesday that it is investing nearly $67 million in 83 nuclear energy research and infrastructure enhancement projects that it says will strengthen the nation’s energy security and reduce harmful greenhouse gas emissions.

  • August 20, 2014

    Renexia's $8.7M Bid Tops Md. Offshore Wind Auction

    The U.S. unit of Italian renewable energy firm Renexia SpA on Tuesday won the third federal offshore wind lease auction with an $8.7 million bid for nearly 80,000 acres off the Maryland coast that federal officials say could produce up to 1,450 megawatts of electricity.

  • August 20, 2014

    Dealmakers Q&A: Farella Braun's Samuel Dibble

    Changes caused by the increase in the cost of money and the increase in the mobility of the service workforce are two trends that I see combining to change future deal activity, says Samuel Dibble of Farella Braun & Martel LLP.

  • August 19, 2014

    NJ Lawmakers Urge Support For DOT's Crude Oil By Rail Rule

    Two New Jersey lawmakers on Monday announced their bipartisan support for stricter federal regulations for rail tank cars carrying flammable materials like crude oil, urging the state's congressional delegation to back the proposal to keep New Jerseyans safe from potential derailments.

  • August 19, 2014

    Shepherd & Wedderburn Nabs Ex-DLA Construction Partner

    Scottish law firm Shepherd and Wedderburn LLP has hired a former DLA Piper partner with expertise in standard and renewable energy projects and large-scale infrastructure, tasking him with expanding its construction and projects practice, the firm announced Tuesday.

  • August 19, 2014

    Reps. Seek GAO Review Of Miami-To-Orlando Rail Project

    Reps. Patrick Murphy, D-Fla., and Bill Posey, R-Fla., have urged the U.S. Government Accountability Office to independently review the viability of the planned All Aboard Florida passenger rail project, which is seeking a $1.6 billion federal loan, saying such a study is needed to protect taxpayers.

  • August 19, 2014

    EIB To Plug Additional $333M Into Baltic Wind Project

    The European Investment Bank said on Tuesday that it will plug €250 million ($333 million) into an offshore wind farm project in the German Baltic Sea, bringing its total investment in the EnBW Baltic 2 project to about $994 million.

  • August 19, 2014

    Uganda Seeks Private Support For $220M Oil Pipeline

    Uganda is reportedly seeking a private investment partner to develop a 155-mile oil pipeline along the country's west coast that is estimated to cost $220 million, the latest effort by the resource-rich African nation to bulk up its oil and gas sector.

  • August 19, 2014

    6th Circ. Rejects Mine Safety Rule Dispute Over Jurisdiction

    The Sixth Circuit on Tuesday rejected an industry challenge to a revised U.S. Mine Safety and Health Administration rule cracking down on safety enforcement in the nation's purported most dangerous mines, saying it did not have jurisdiction to hear the case.

  • August 19, 2014

    Enviros Lose Bid To Nix Enbridge Tar Sands Pipeline Project

    A Washington, D.C., federal judge on Monday tossed two environmental groups' attempt to kill Enbridge Inc.'s proposed 589-mile tar sands oil pipeline project from being constructed, saying the federal government had no obligation to conduct an environmental review of the private project.

Expert Analysis

  • 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.

  • New Broadband-Friendly Laws In Ohio, Louisiana

    Dave Thomas

    In recent separate actions, Ohio and Louisiana adopted comprehensive pole attachment regulatory regimes that should facilitate the deployment of broadband communications infrastructure and level the competitive playing field for broadband providers, say attorneys with Sheppard Mullin Richter & Hampton LLP.

  • An In-House Lawyer's Top 10 Tips For Outside Counsel

    Francis M. Drelling

    To this day, I have yet to see a litigation hold letter that was written by someone who understands the realities of how a business is actually run. In-house counsel cannot issue decrees to business units that read like they are issued by the king to his subjects, says Francis Drelling, in-house counsel at Specialty Restaurants Corp.

  • FERC Federalism: Blurred Lines After DC Circ. Decisions

    Kenneth W. Irvin

    In the aftermath of two recent D.C. Circuit decisions, the competing interests of the Federal Energy Regulatory Commission and state jurisdiction in energy markets once again face significant upheaval, say Kenneth Irvin and Gregory Lawrence of Cadwalader Wickersham & Taft LLP.

  • Law Firms May Be Violating Copyrights

    Roy Kaufman

    On average, a legal professional forwards content to 14 different people per week. Yet many attorneys and staff lack an understanding of copyright and their firm’s specific policies regarding shared third-party materials, says Roy Kaufman of Copyright Clearance Center.

  • Latest US Sanctions On Russia Are Par For The Course

    Mario Mancuso

    The U.S. Department of Commerce's Bureau of Industry and Security's recent final rule on export restrictions to Russia follows a trend in U.S. policy toward sanctioning strategic sectors such as energy, finance and defense, which are mirrored in recent measures imposed by the EU, say attorneys at Fried Frank Harris Shriver & Jacobson LLP.

  • Will Ralls Decision Really Bring CFIUS Transparency?

    Nancy L. Perkins

    Although the D.C. Circuit decision in Ralls Corp. v. Committee on Foreign Investment in the United States plainly establishes that consideration of a transaction under Section 721 of the Defense Product Act must meet due process requirements, the decision’s ramifications as a practical matter in future transactions are much less clear, say attorneys with Arnold & Porter LLP.

  • A Close Look At NY's New Privilege Log Rule

    Joseph B. Schmit

    In addition to significantly reducing costs incurred in the preparation of privilege logs, the new categorical approach to privilege logs in New York will allow parties to identify and frame legal issues requiring the court’s attention more clearly — thus positively impacting the efficiency of the dispute resolution process as well, say Joseph Schmit and Aaron Schue of Phillips Lytle LLP.

  • Courtroom Challenge: Preparing For A First Trial

    John S. Worden

    Trials are stressful and, while there is a certain kind of nervousness from the fear of being embarrassed among inexperienced lawyers, learning how to examine and cross-examine witnesses as well as how to craft arguments are not mechanical and can only be mastered through experience, say John Worden and Lindsey Berg of Schiff Hardin LLP.