Project Finance

  • July 24, 2014

    Dealmakers Q&A: Gardere's Quan Vu

    I have been involved in a deal where the lawyers of one of the parties spent three hours giving comments to the first nine pages of a 100-plus page indenture. Those lawyers obtained a lot of favorable provisions for their client — up until the time their client got kicked out of the deal, says Quan Vu of Gardere Wynne Sewell LLP.

  • July 23, 2014

    ETP Expected To Win More Than $500M In Pipeline Case

    A Texas judge is expected to award Energy Transfer Partners LP more than $500 million after the company won a jury finding that Enterprise Products Partners LP had breached a partnership agreement to build a crude oil pipeline, sources say.

  • July 23, 2014

    Ill. Court OKs Rate Hike To Fund $2B FutureGen Coal Plant

    A divided Illinois appeals court on Tuesday upheld a state regulator’s plan to help fund the $1.7 billion FutureGen 2.0 clean coal power plant through a rate hike on electricity customers, turning back a challenge from Commonwealth Edison Co. and industry groups.

  • July 23, 2014

    Port Authority Eyes New Bus Terminal

    The Port Authority of New York and New Jersey will consider a new facility to replace its out-of-date and overtaxed Manhattan bus terminal as it moves forward with shorter-term improvements to boost commuter conditions and ease delays, officials said Wednesday.

  • July 23, 2014

    FHA Official Charged With Stealing DOT Grant Money

    A high-ranking Federal Highway Administration official was charged Wednesday in New Jersey federal court on six counts of making false statements and fraud for allegedly funneling grant funds he oversaw to himself through a straw corporation and falsifying disclosure documents to conceal the fraud.

  • July 23, 2014

    Deals Rumor Mill: JPMorgan, Fox, Fullscreen

    JPMorgan is closing in on a sale of half of its stake in the $4.5 billion portfolio of its buyout arm One Equity Partners, while cable magnate John Malone doesn't anticipate any competing Time Warner offers.

  • July 23, 2014

    Enviros Set To Push NY Watchdog For Probe Into Bridge Loan

    Environmentalists said Wednesday they would meet next week with New York officials tasked with making sure spending authorities act in the public interest as they keep up a full-court press over what they characterize as an illegal, $256 million raid on a clean-water fund to finance the new Tappan Zee bridge.

  • July 23, 2014

    NY Hands Out $3M For Projects To Upgrade Electric Grid

    Seven research teams throughout New York have been awarded a total of $3.3 million to go toward projects that will improve and modernize the state's electric grid, Gov. Andrew Cuomo said Wednesday.

  • July 23, 2014

    Xcel Unit Can Intervene In Enviro Groups' Suit Against EPA

    An Xcel Energy Inc. unit can intervene in a suit brought by a coalition of conservation groups to force the U.S. Environmental Protection Agency to mandate stricter controls at one of the utility’s power plants in Minnesota, the Eighth Circuit ruled Wednesday.

  • July 23, 2014

    Investor Sues NJ Wave-Power Co. Over Tanked Aussie Project

    A New Jersey renewable energy company was hit Tuesday with a securities class action filed by a stockholder who said he lost money when the company’s stock plummeted due to a top executive’s termination and the collapse of a $217 million Australian wave-power project.

  • July 23, 2014

    Alberta OKs TransCanada's $745M Northern Courier Project

    TransCanada Corp. said Wednesday the Alberta Energy Regulatory has approved its plans to build and operate the Northern Courier Pipeline Project, a CA$800 million ($745 million) system designed to step up energy production from western Canada.

  • July 23, 2014

    Power Plant Rule Turns States Into 'Hostages,' EPA Head Told

    U.S. Environmental Protection Agency Administrator Gina McCarthy on Wednesday faced pointed attacks from Senate Republicans over the agency's controversial proposal to cut carbon emissions from existing power plants by 30 percent, with lawmakers saying the agency has no legal power to issue the rule.

  • July 23, 2014

    Pa. DEP Must Reform Oil And Gas Program, Auditor Says

    Pennsylvania’s Department of Environmental Protection must make major improvements to the way it handles shale gas development, including by efficiently tracking and responding to public complaints about water quality, according to a report released Tuesday by the state's auditor general.

  • July 23, 2014

    Calif. Lawmakers Urge White House To Block Offshore Drilling

    A coalition of 35 Democratic members of California’s congressional delegation pressed the Obama administration Tuesday to exclude any offshore oil and gas lease sales along the California coast from a proposed five-year leasing program, citing the risk of serious accidents and environmental pollution.

  • July 23, 2014

    Domestic Silicon Maker Sues Brazilian Rival For Fraud

    An Ohio silicon manufacturer sued a Brazilian rival and its affiliates in D.C. federal court on Wednesday, accusing them of using fraud to get off the U.S. government's dumpers list and continue to sell low-priced silicon stateside.

  • July 22, 2014

    Sony Open Organizer Takes New Approach In Stadium Suit

    The organizer of Miami's Sony Open tennis tournament filed a new motion on Monday in its suit over its right to undertake a $50 million expansion of the event's facility, seeking summary judgment on the grounds that the county unlawfully gave a committee authority over the property.

  • July 22, 2014

    Chevron Puts Revised Refinery Plan Before Richmond Council

    Chevron Corp. has agreed to limit sulfur and keep flat the level of greenhouse gases produced from its $1 billion Richmond, California, refinery modernization, hoping to win local support for the long-contested project just as plans go before the Richmond City Council.

  • July 22, 2014

    Kodiak Shareholders Sue To Block $3.8B Whiting Takeover

    Shareholders of Kodiak Oil & Gas Corp. filed suit in Colorado federal court Tuesday seeking to block the oil and gas exploration company’s $3.8 billion takeover by Whiting Petroleum Corp., saying the deal is unfair and that the purchase price is too low.

  • July 22, 2014

    Tappan Zee Loan Fight Could Delve Into Uncharted Waters

    If a fight over a $256 million New York interagency loan for the $3.9 billion new Tappan Zee bridge lands in court, experts say the case may hinge on the novel question of whether clean-water funds must be used to affirmatively protect the environment or whether they can be used to mitigate damage done by massive projects.

  • July 22, 2014

    Biz Groups Say EPA Climate Rule Will Raise Electricity Rates

    Business and industry groups, including the U.S. Chamber of Commerce and the National Mining Association, urged the U.S. Environmental Protection Agency on Monday to go back to the drawing board on a new proposed climate rule they maintain will severely disrupt the nation's electricity grid.

Expert Analysis

  • Opportunties In Russia's Renewable Energy Program

    Alex Blomfield

    For corporate lawyers, Russia’s renewable energy incentive program may provide opportunities given significant need among Russian companies to establish joint ventures and their inexperience with successfully and cost-effectively executing renewable energy projects, say Alex Blomfield and Alexandra Rotar of King & Spalding LLP.

  • Trial-Ready In 180 Days: Prepare For SDNY's Rocket Docket

    Isaac S. Greaney

    A growing trend in the Southern District of New York akin to a sua sponte rocket docket can provide defendants with an opportunity to set the tone of discovery and shift the burden and risks of the schedule to their adversaries, say Isaac Greaney and Jackie Lu of Sidley Austin LLP.

  • Wind River Reservation May Shape Tribal CAA Jurisdiction

    Bart J. Freedman

    Public and private entities, including the state of Wyoming, have raised an issue of first impression as to whether the U.S. Environmental Protection Agency has the authority to determine an Indian reservation's boundaries under the Clean Air Act — the result could lead to a departure from established regulatory principles and should be of interest to entities operating on or near reservations, say attorneys at K&L Gates LLP.

  • When You Are Responsible For Your Book Of Business

    Jennifer Topper

    Finding prospective clients and retaining them has little to do with your legal training and expertise, and yet you have no practice without successful client acquisition and retention. There is no reason you cannot apply your basic legal training to successful sales efforts hinging upon your practice strength and experience, says independent law firm consultant Jennifer Topper.

  • 5 Takeaways From Latest US Sanctions Against Russian Cos.

    Alexandra Lopez-Casero

    The latest round of U.S. sanctions against Russia’s oil, natural gas and financial industries is a dramatic departure from how the United States has applied targeted sanctions in the past, and raises several questions, say Alexandra Lopez-Casero and D. Grayson Yeargin of Nixon Peabody LLP.

  • An Inventive Way To Remove Pure State Court Claims

    Michael E. Blumenfeld

    Nondiverse state court defendants facing purely state law claims that seek to secure federal jurisdiction should determine whether a good faith basis exists to pursue a third-party action against a federal actor in order to trigger the representative U.S. Attorney’s certification and remove such claims under the Westfall Act, say Michael Blumenfeld and Jonathan Singer of Miles & Stockbridge PC.

  • Powerful Tools For Discovery And Litigation Strategy

    Nathalie Hofman

    Analytics offer opportunities for refining both discovery strategy and overall litigation strategy by providing information to support better informed decisions. As an added bonus, they can result in significant cost savings, say Nathalie Hofman and Carolyn Southerland of Huron Consulting Group Inc.

  • Texas High Court Provides Certainty Over O&G Operations

    Stephanie E. Kinzel-Tapper

    The Texas Supreme Court's recent ruling in Marcia Fuller French v. Occidental Permian Ltd. upheld the settled expectations of parties to oil and gas leases and confirmed they apply even with respect to enhanced recovery operations — welcome news to lessors with such operations, say Stephanie Kinzel-Tapper and Carter Williams of Sutherland Asbill & Brennan LLP.

  • Ralls Ruling Could Open Door To Other CFIUS Challenges

    Farhad Jalinous

    Companies have long been hesitant to challenge the Committee on Foreign Investment in the United States because of the broad discretion given to the executive branch on issues of national security, but the D.C. Circuit ruling in Ralls Corp.’s suit against the committee calls into question the breadth of CFIUS’ authority, say attorneys with Kaye Scholer LLP.

  • Mild Financial Fallout From Uganda Anti-Homosexuality Act

    Stephanie Keene

    Despite the withholding of funds by many Western donors and initial suspicions that foreign investors might boycott Uganda in response to the Anti-Homosexuality Act, the broader economic implications of the act appear to be less significant, say attorneys at Covington & Burling LLP.