Project Finance

  • February 12, 2016

    Argentina Says French Utility Case Irrelevant In Water Row

    Argentina told a D.C. federal court on Friday that a recent decision issued by a World Bank tribunal affirming an arbitral award issued to two French utility companies has no relevance in its petition to vacate a nearly $21 million arbitral award issued to U.K.-based water utility AWG Group Ltd. 

  • February 12, 2016

    House Committee Clears Air Traffic Control, FAA Reform Bill

    The House Transportation and Infrastructure Committee cleared a “transformational” bill on party lines Thursday that would take air traffic control out of direct federal control while providing the Federal Aviation Administration with long-term funding and the biggest overhaul the agency has seen in decades.

  • February 12, 2016

    Enviros Will Sue FWS Over Bat Listing Decision

    The Center for Biological Diversity said Friday it intends to sue the U.S. Fish and Wildlife Service over a recent rule that increases the amount of industrial activity that is allowed in sensitive areas that provide habitat for the threatened northern long-eared bat.

  • February 12, 2016

    FERC Says Cameron LNG Expansion Won't Hurt Environment

    The Federal Energy Regulatory Commission’s Office of Energy Projects said Friday the expansion of a Sempra LNG unit’s $10 billion liquefied natural gas export facility in Louisiana won’t cause major disruption to the surrounding environment.

  • February 12, 2016

    Rams Take Fan Suit Over LA Move To Federal Court

    The soon-to-be Los Angeles Rams have removed to Missouri federal court a proposed class action over the team's move from St. Louis, arguing that the tickets, merchandise and concessions purchased by fans allegedly under the impression the team would stay exceed minimum requirements for federal jurisdiction.

  • February 12, 2016

    New Route For $5B Atlantic Coast Pipeline Unveiled

    Atlantic Coast Pipeline LLC on Friday said it has rerouted part of its proposed $5 billion natural gas pipeline following objections from the U.S. Forest Service that the previous route endangered wildlife and protected forest areas.

  • February 12, 2016

    Nixon Peabody Adds Ex-Blank Rome Project Finance Partner

    Nixon Peabody LLP has expanded its project finance and development capabilities by adding a former Blank Rome LLP partner with significant experience in domestic and international energy and infrastructure projects to its New York office, the firm said recently.

  • February 11, 2016

    El Paso Shareholders Oppose $142M Bond Cost Shift Proposal

    A shareholder group that won a $100.2 million-plus-interest damage award from a pipeline company last week in a Delaware Chancery Court class action objected Thursday to a proposal that it pay the cost of a $142 million security bond if the state Supreme Court reverses the decision.

  • February 11, 2016

    CEO Only Winner In $416M African Oil Deal, Investors Say

    The CEO of Erin Energy Corp. pushed the company to overpay by as much as $200 million for African oil leases in a $416 million deal that directly benefited him, a proposed investor class alleged Wednesday in Delaware Chancery Court.

  • February 11, 2016

    EPA Head Optimistic About CPP Despite High Court's Stay

    EPA Administrator Gina McCarthy remained upbeat Thursday about the ultimate fate of the agency’s plan to reduce greenhouse gas emissions from existing power plants, saying the U.S. Supreme Court’s decision to block the rule doesn’t mean it will fail.

  • February 11, 2016

    Areva Increases Claims To $3.96B In Nuclear Costs Dispute

    Finnish utility Teollisuuden Voima Oyj has announced that French nuclear firm Areva SA increased its claim amount to approximately €3.52 billion ($3.96 billion) in long-running arbitration between the companies over construction delays and ballooning costs at the troubled Olkiluoto 3 nuclear power plant.

  • February 11, 2016

    First Reserve Buys $350M Texas Wind Project

    First Reserve Corp., an energy-focused private equity and infrastructure investment firm, announced on Thursday that it has purchased the $350 million Mariah North Wind project in northern Texas from Mariah Acquisition LLC for undisclosed terms.

  • February 11, 2016

    Holland & Knight Adds Ex-Goodwin Procter Real Estate Pro

    Holland & Knight LLP on Wednesday said it has bolstered its real estate section with a former Goodwin Procter LLP partner, who the firm says is considered one of the top land-secured municipal finance attorneys in California.

  • February 11, 2016

    House Dems Float Public Lands Drilling Ban

    Seventeen U.S. House Democrats on Thursday introduced legislation that would permanently ban fossil fuel leasing on federal lands and in federal waters, joining companion legislation introduced by Senate Democrats last fall.

  • February 11, 2016

    Greens, Industry Call Critical Habitat Rule Fatally Flawed

    Federal fish and wildlife regulators gave themselves an inordinate amount of leeway in a recently finalized rule to decide how critical habitat designations are made under the Endangered Species Act, dooming the regulations to failure when they’re eventually challenged in court, both industry-side lawyers and environmental advocates say.

  • February 11, 2016

    DC Circ. Suspicious Of Offshore Project That Will Kill Birds

    A D.C. Circuit panel on Thursday seemed sympathetic to an environmental challenge to the U.S. government’s approval of Cape Wind Associates’ $2.6 billion offshore wind farm that will kill migratory birds, likening it to handing the company a rifle with orders to shoot the animals.

  • February 11, 2016

    Enviros Fighting Dominion Say FERC Must 'Face 21st Century'

    The Federal Energy Regulatory Commission is stuck in the past and should be mining more sources for data before approving projects, environmental groups told the D.C. Circuit on Wednesday in their challenge to Dominion Resources Inc.'s $3.8 billion Cove Point liquefied natural gas project.

  • February 11, 2016

    Industry Wants BLM's Appeal Of Fracking Rule Stay Tossed

    Two energy industry trade groups asked the Tenth Circuit on Wednesday to dismiss an appeal from the Bureau of Land Management over an injunction that blocks the agency's 2015 rule requiring permits for hydraulic fracturing on federal and tribal land.

  • February 11, 2016

    NJ Senate Advances New Offshore Wind Farm Bill

    A New Jersey bill that would revive an embattled offshore wind farm project promising to bring jobs and clean energy to the region cleared the state Senate Thursday, signaling progress for legislation that was previously struck down by Gov. Chris Christie.

  • February 11, 2016

    SunEdison Barred From Asset Transfers In $150M Arbitration

    A group of South American investors seeking $150 million from troubled renewables developer SunEdison for allegedly abandoning a $733 million acquisition won an order in New York state court Thursday morning temporarily barring it from socking away funds that could be used to pay an arbitral award.

Expert Analysis

  • The Potentially Sweeping Effects Of EPA's Chesapeake Plan

    Richard E. Schwartz

    If the U.S. Supreme Court upholds the Third Circuit's ruling affirming the U.S. Environmental Protection Agency’s authority to include certain pollution limits, deadlines and other mandates on states as part of its Chesapeake Bay plan, the consequences could be quite dramatic, as the EPA would then have such authority in every state in the union, say attorneys at Crowell & Moring LLP.

  • New Developments Ensure Bright Future For Power Africa

    Keith D. Larson

    The U.S. Electrify Africa Act and the recent release of a "road map" of objectives by Power Africa partners have eliminated any doubts that efforts to increase access to electricity across sub-Saharan Africa will continue well into the next decade — but there are still challenges and shortcomings in the program and the act that may make that journey a bumpy one, says Keith Larson at Hogan Lovells LLP.

  • Amended Rule 26’s Proportionality Standard: The First 60 Days

    Gregory Brown

    While the removal of the familiar “reasonably calculated to lead to the discovery of admissible evidence” standard suggests a departure from prior practice, the first opinions from the federal courts implementing amended Federal Rule of Civil Procedure 26(b)(1) suggest otherwise, says Gregory Brown of Kaufman Dolowich & Voluck LLP.

  • What's Next For Wholesale Electricity Market Operators

    David T. Doot

    The U.S. Supreme Court's remand and reversal of Federal Energy Regulatory Commission v. Electric Power Supply Association has given the D.C. Circuit the opportunity to address compliance with Order No. 745 tariff provisions, which could have a significant impact on regional market operators, and which the court failed to address in its initial decision, say attorneys at Day Pitney LLP.

  • Obama’s Coal Moratorium Likely To Have Long-Term Effects

    Karen C. Bennett

    While the U.S. Department of the Interior maintains Obama's three-year suspension of all federal coal leasing will not affect coal production or impact the nation’s ability to generate electricity, the action targets the Powder River Basin, the single largest source of U.S. coal. This alone suggests the potential for a profound effect on the future supply of low-cost reliable coal, jobs and revenues, says Karen Bennett of Hunton & Williams LLP.

  • How Does Skadden Stay No. 1?

    Elizabeth Duffy

    Analyzing the reasons why clients choose certain firms reveals a great deal about what is important and valued in the marketplace. Based on interviews with a random sample of over 600 heads of legal in the largest U.S. organizations, Elizabeth Duffy, vice president of Acritas US Inc., identifies the core brand drivers of Skadden Arps Slate Meagher & Flom LLP.

  • A Deep Dive Into SEC’s Latest Mining Disclosure Proposal

    Michael R. Littenberg

    Late last year, the U.S. Securities and Exchange Commission issued its long-awaited proposed rule on the disclosure of resource extraction payments by public companies — the SEC’s second bite at the apple after an earlier rule was vacated in court. Michael Littenberg and Marvin Tagaban of Ropes & Gray LLP detail the scope and requirements of the new proposal and what companies should be doing now.

  • OPINION: The Road To Partnership Must Keep Evolving

    Daniel L. Butcher

    In a recent Law360 article it was suggested that promotion to partner was a competition between associates and that taking maternity, paternity or family medical leave could impact an associate's chances at promotion. But this sort of ethos — which may have contributed to law firms’ success in the past — is not the best way to secure the industry's future, says Daniel Butcher, managing partner of Strasburger & Price LLP.

  • Challenging An Arbitrator Ab Initio: A Primer

    Solum, Matt.jpg

    Where a perceived conflict is identified early in the process, a party may consider asking the forum overseeing an arbitration to determine whether it is appropriate for an arbitrator to serve on the panel. Despite the potential opacity of these kinds of decisions, discussions with practitioners and experience suggest that such challenges can arise from a number of situations, says Kirkland & Ellis LLP partner Matthew Solum.

  • FERC 'Seaway II' Order Is A Win For Oil Pipeline Industry

    Emily Pitlick Mallen

    The importance of the Federal Energy Regulatory Commission's recent decision regarding Seaway Crude Pipeline Company LLC extends beyond the purview of the Interstate Commerce Act's pipeline regulation. It provides some of the strongest words on FERC’s primacy over its administrative law judges' authority and sets an important precedent on ratemaking principles, say attorneys at Van Ness Feldman LLP.