Project Finance

  • October 9, 2015

    Feds Told To Speed Review Of Drilling Plan For Tribal Site

    A D.C. federal judge on Thursday ordered the federal government to decide by Nov. 23 whether it will seek to cancel or lift a suspension on Solenex LLC’s natural gas permit on land sacred to Montana’s Blackfeet Nation, slamming the government's proposed schedule to resolve the nearly 30-year suspension of the lease as unreasonable.

  • October 9, 2015

    DOT Seeks More Time In Suit Over $1.2B Ill.-Ind. Toll Road

    The U.S. Department of Transportation urged an Illinois federal court Friday to impose a nine-month stay of litigation in a case challenging a proposed $1.2 billion toll road linking two interstates between Illinois and Indiana to give the agency adequate time and money to address the issues.

  • October 9, 2015

    DC Circ. Stands By Revival Of Developer Collusion Suit

    A D.C. Circuit appeals panel refused on Friday to reconsider its recent decision to revive certain claims in a suit against real estate developers accused of wrongfully influencing a local city council member to withdraw support from a competitor.

  • October 9, 2015

    Feds To Ease Highway Design Rules For Low-Speed Roads

    The U.S. Department of Transportation’s Federal Highway Administration has proposed updating its design standards for the federal-aid highway program, loosening restrictions for the construction of lower-speed roads and giving state and local authorities more flexibility to incorporate bike lanes and pedestrian pathways.

  • October 9, 2015

    Calif. Law Requires Public Pensions To Divest Coal Stakes

    California Gov. Jerry Brown on Thursday signed into law a bill requiring the state's two massive public pension funds to sell off their stakes in thermal coal, the first law of its kind in the country.

  • October 9, 2015

    Grassley Says EB-5 Needs Reform Amid 'Gerrymandering'

    Senate Judiciary Committee Chairman Chuck Grassley on Wednesday critiqued “gerrymandering” of the boundaries of the targeted employment areas in the EB-5 immigrant investor program, saying he has "serious concerns" about continuing the program without reforms.

  • October 9, 2015

    GOP Reps. Move To Break Ex-Im Bank Deadlock

    The fight to reopen the Export-Import Bank of the U.S. took a dramatic turn on Friday as Republican House members maneuvered to force a vote on legislation to reinstate the embattled agency, despite fervent pushback from the conservative wing of the party.

  • October 9, 2015

    Fish And Wildlife Appeals Eagle Permit Ruling To 9th Circ.

    The U.S. Fish and Wildlife Service on Thursday filed an intent to appeal to the Ninth Circuit an August decision striking down its rule lengthening the duration of permits to “take” bald and golden eagles from five years to 30 years.

  • October 9, 2015

    EPA Water Rule Blocked Nationwide By 6th Circ.

    The Sixth Circuit on Friday stayed a controversial federal rule clarifying the scope of the Clean Water Act while it sorts out whether the courts of appeal or district courts have jurisdiction to handle challenges filed by various states and private parties.

  • October 8, 2015

    Pa. Gas Tax Specter Still Looms Despite House Vote

    Despite a vote by Pennsylvania lawmakers on Wednesday rejecting Gov. Tom Wolf’s proposal to enact a severance tax on natural gas drillers, experts say the ongoing push by Democrats for a new levy on production would continue to cast a potentially growth-hampering pall on the industry.

  • October 8, 2015

    Bill Ties Broadband Conduits To Federal Highway Projects

    A bipartisan group of senators announced legislation Thursday that would tie broadband infrastructure deployment to federal highway projects by promoting what they call a “dig once” policy.

  • October 8, 2015

    Milagro Oil & Gas Ch. 11 Plan Gets Green Light From Judge

    A Delaware bankruptcy judge on Thursday approved Milagro Oil & Gas Inc.'s Chapter 11 plan, which is centered on a $217 million deal shipping its assets to White Oak Resources VI LLC.

  • October 8, 2015

    Air Travel Groups Want Customs Fees Out Of Highway Bill

    A coalition representing airlines, airports and international travelers urged lawmakers Wednesday to reject provisions in a Senate bill that would increase customs fees and divert them from U.S. Customs and Border Protection to the Highway Trust Fund.

  • October 8, 2015

    Trump Takes $350M Wind Farm Fight To UK Supreme Court

    A Scottish golf course owned by U.S. presidential hopeful Donald Trump on Thursday asked the United Kingdom’s Supreme Court to overturn a June decision by a Scottish court rejecting Trump’s bid to disallow a $350 million offshore wind project near the property, which he has deemed as unsightly.

  • October 8, 2015

    Yieldco Bubble Set To Pop For Clean Energy Cos.

    Once the project finance darling of the renewable energy industry, yieldcos are losing favor with investors who were promised high returns from these publicly traded companies. Now, clean energy developers may have to tap other funding sources for their projects.

  • October 8, 2015

    Enviros Take Peabody, Arch Coal Lease Fight To 10th Circ.

    Environmental groups on Wednesday took their challenges of federally issued coal mining leases for Peabody Energy Corp. and Arch Coal units to the Tenth Circuit, insisting the leasing contradicts the Obama administration's commitment to tackling climate change.

  • October 8, 2015

    Carlyle Power Pays Entergy $490M For R.I. Gas Plant

    Carlyle Power Partners, a unit of private equity giant The Carlyle Group LP, has agreed to pay roughly $490 million to acquire a 583-megawatt Rhode Island natural gas-fired power plant from Entergy Corp., the companies said on Thursday.

  • October 8, 2015

    Rice Energy, Gulfport Energy Plan $640M Utica Shale Gas JV

    Oil and gas independents Rice Energy Inc. and Gulfport Energy Corp. on Thursday said that they are forming a joint venture that will spend $640 million on developing natural gas gathering and water services assets to support Gulfport's gas drilling in Ohio's Utica Shale.

  • October 8, 2015

    Talen Energy Reaps $1.5B From Pa. Power Plant Sales

    Talen Energy Corp., the merchant power company created by energy-focused private equity firm Riverstone Holdings LLC and the spunoff merchant unit of utility giant PPL Corp., said Thursday that it's selling three Pennsylvania power plants for a combined $1.51 billion in order to satisfy divestment requirements from federal regulators.

  • October 7, 2015

    Developer Can't Unfreeze Bank Accounts In $136M EB-5 Row

    A Washington federal judge on Tuesday denied a bid by a real estate developer and his affiliated companies to lift a freeze on business bank accounts in a $136 million EB-5 fraud case brought by the U.S. Securities and Exchange Commission, while granting the agency’s request for a preliminary injunction.

Expert Analysis

  • 10 Ways To Become A 360-Degree Lawyer

    Rosario Lozada Schrier

    Whether you’re a millennial joining the profession or a seasoned veteran, the challenges posed by the current legal market compel everyone to adapt and innovate. Law professors Rosario Schrier and Annette Torres team up to offer 10 tips to develop a more diverse skill set.

  • Hitachi Underscores Need For Robust FCPA Due Diligence

    Mark Mendelsohn

    A recent action against Hitachi Ltd. is further evidence of the U.S. Securities and Exchange Commission’s ability to use its expansive reach under the Foreign Corrupt Practices Act’s accounting provisions to police bribery and bribery-related conduct that it may not be able to reach under the anti-bribery provisions, say attorneys with Paul Weiss Rifkind Wharton & Garrison LLP.

  • Fall Of Fracking Rule: When Agencies Don’t Consult Tribes

    Troy A. Eid

    A Wyoming federal judge's recent decision enjoining, on a nationwide basis, the Bureau of Land Management from enforcing its final rule related to hydraulic fracturing on federal and Indian lands marks a milestone in using lack of tribal consultation as a sword in litigation, says Troy Eid, a shareholder at Greenberg Traurig LLP and former U.S. attorney for the District of Colorado.

  • Can Calif. Gov. Still Hit His Climate Change Goals?

    While the California Legislature's failure to pass S.B. 32 and amendments to S.B. 350 and A.B. 1288 have been noted by some commentators as setbacks for Gov. Jerry Brown's environmental and energy agenda, the governor may be able to achieve his original goals through the Air Resources Board, say attorneys at Latham & Watkins LLP.

  • 5 Things Clients Never Tell Their Lawyers

    Francis Drelling

    Given the times we live in, it is almost inevitable that everyone will, sooner or later, need to consult with legal counsel. With that in mind, I thought it might be interesting to discuss a few things that clients just won't tell their lawyers, says Francis Drelling, general counsel of Specialty Restaurants Corp.

  • Looking At The EPA's Balance Of Interests In Ozone Rule

    Thomas A. Lorenzen

    Litigation over the U.S. Environmental Protection Agency's lowering of the National Ambient Air Quality Standard for ozone will likely focus on whether the EPA acted arbitrarily and capriciously. The key question will be whether the standard is "requisite" — that is, sufficient without going too far — to protect public health with an "adequate" margin of safety, say attorneys at Crowell & Moring LLP.

  • An Era Of Arctic Oil Exploration, Upended

    Joseph S. Kakesh

    After seven years of preparation, litigation and billions of dollars invested, Royal Dutch Shell PLC's recent decision to abandon its exploration program in the U.S. Arctic “for the foreseeable future” marks a pause — not the end — of a new era of Arctic oil and gas exploration. While oil prices weaken and dates change, litigation over the future of the Chukchi Sea rages on, say Joseph Kakesh and Steven Richardson of Wiley Rein LLP.

  • Can Alphabet Soup Fix Puerto Rico’s Debt Service Issues?

    Leonard Weiser-Varon

    Last week, the Working Group for the Fiscal and Economic Recovery of Puerto Rico gave the broadest hint yet of the next tactic in Puerto Rico’s ongoing quest to deleverage itself — a negotiated exchange that stirs together an alphabet soup of issuers and creditors. As the saying goes, good luck with that, say Leonard Weiser-Varon and William Kannel of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • A New Model For Clean Energy: Community Solar Gardens

    Alidad Vakili

    Community solar gardens offer substantial cost benefits over traditional residential solar panels. Members of solar gardens may qualify for certain federal and state tax benefits if the solar garden investment is correctly structured and the size of a solar garden renders it better able to achieve economies of scale, say attorneys at K&L Gates LLP.

  • Open Questions About New Calif. Redevelopment Bill

    Bernadette M. Duran-Brown

    California Gov. Jerry Brown recently signed Assembly Bill 2, which will allow local governments to create Community Revitalization and Investment Authorities — a step some say is the rebirth of redevelopment — but it is unclear how the new law will actually impact disadvantaged communities, says Bernadette Brown at Nossaman LLP.