Project Finance

  • December 5, 2016

    Tribes' Dakota Access Win Resounding, But Vulnerable

    Native American tribes opposing the Dakota Access pipeline scored a major win Sunday when the Obama administration refused to grant permission to finish work on the project in North Dakota, but their elation may be only temporary as either federal courts or the incoming Trump team could put the controversial pipeline back on track.

  • December 5, 2016

    Power Industry Groups Urge 5th Circ. To Sink Effluent Rule

    A group of power industry players on Monday asked the Fifth Circuit to strike down the U.S. Environmental Protection Agency's rule that limits the levels of toxic metals in wastewater that can be discharged from power plants.

  • December 5, 2016

    Project Finance MVP: Dentons' Jonathan Ballan

    Dentons US LLP's Jonathan Ballan hit a homerun this year ensuring bond financing on one of the country's most complicated public-private transportation projects, that, when coupled with work going to bat for the New York Yankees on stadium refinancing, makes him one of Law360's 2016 Project Finance MVPs.

  • December 5, 2016

    8th Circ. Scraps $33M TransCanada Win In Gas Deal Dispute

    The Eighth Circuit nixed a $32.9 million trial judgment awarded to TransCanada Corp. unit Great Lakes Gas Transmission LP over an Essar Steel Ltd. unit's violation of a natural gas transmission agreement, saying Monday that the case should have never been in federal court.

  • December 5, 2016

    Ohio-Mich. Pipeline Monopoly Claims Are Baseless, FERC Told

    Developers of the Ohio-to-Michigan Nexus natural gas pipeline on Friday blasted the Sierra Club's accusations that the project will help monopolize the electricity generation market, telling the Federal Energy Regulatory Commission that the environmental group is cloaking its opposition to fossil fuel development with meritless antitrust claims.

  • December 5, 2016

    Riverstone Commits Up To $300M For Mexican Energy Firm

    Energy-focused private investment firm Riverstone Holdings LLC has agreed to commit up to $300 million to a newly formed energy company that will focus on the development, construction and operation of infrastructure for Mexico’s oil, natural gas, refined products and electricity sectors, the companies said Monday.

  • December 4, 2016

    Army Corps Refuses Permit For Dakota Access Pipeline

    The Obama administration slammed the brakes on the controversial Dakota Access pipeline on Sunday, refusing to issue a required easement and saying it will conduct a more stringent environmental review to consider alternate routes and consult further with the Standing Rock Sioux tribe, which has bitterly opposed the project.

  • December 2, 2016

    Pipeline Protesters Lose Bid To Block Force, Urge Rethink

    A federal judge on Thursday declined to temporarily block two North Dakota counties, a city and law enforcement officers from using excessive force when responding to Dakota Access pipeline protesters, a decision that a group of protesters bringing a class action over such alleged use force immediately moved to have reconsidered.

  • December 2, 2016

    NY Judge Approves Barrick Gold's $140M Class Settlement

    A New York federal judge on Friday approved Barrick Gold Corp.'s $140 million settlement with a class of investors over environmental issues surrounding a South American gold mine.

  • December 2, 2016

    DC Circ. Shuts Down NC Hydro Project Relicensing Fight

    The D.C. Circuit on Friday backed the Federal Energy Regulatory Commission's refusal to allow a clean energy infrastructure private equity firm to intervene in the relicensing process for Alcoa Power Generating Inc.'s hydroelectric project in North Carolina, saying a key argument can't be considered because it was raised too late.

  • December 2, 2016

    Taxation With Representation: Latham, Ropes, Gibson, Weil

    In this week's Taxation With Representation, a Colorado-based communications infrastructure company acquired its regional rival for $1.42 billion, Allstate agreed to buy a private equity-backed consumer warranty company, and Centennial Resources inked an $855 million deal for Silverback Exploration's assets.

  • December 2, 2016

    Crystallex Says Venezuela Oil Co. Stalling Over $1.4B Award

    A Canadian mining company that accuses Venezuela’s state-owned oil company of using sham bond transactions to help its owner avoid a $1.4 billion arbitral award urged a Delaware federal judge on Thursday to block the company from appealing his decision, saying there’s no reason to slow down the case.

  • December 2, 2016

    United Reaches $2.4M SEC Deal In Airline Bribery Scheme

    The U.S. Securities and Exchange Commission announced Friday that the parent company of United Airlines Inc. agreed to pay $2.4 million to settle charges that the airline reinstated a money-losing flight route to curry favor with a former New Jersey official looking for more convenient trips to a vacation house.

  • December 2, 2016

    Trump Backs Dakota Access Pipeline, ND Sen. Says

    A North Dakota senator said Thursday that President-elect Donald Trump had “expressed his support” for the controversial, $3.8 billion Dakota Access pipeline, and the senator called on the Obama administration to approve an easement that would allow the pipeline to be completed.

  • December 2, 2016

    Ill. Legislature OKs $235M Bailout For Nuclear Plants

    Illinois lawmakers closed out their final legislative workday of 2016 on Thursday, passing a $235 million yearly subsidy for nuclear power company Exelon Corp. and its two unprofitable nuclear plants in the state.

  • December 2, 2016

    Oil Pipeline's Market-Based Rate Authority OK'd By FERC ALJ

    A Federal Energy Regulatory Commission administrative law judge said Thursday that a Gulf Coast pipeline system owned by Enbridge Inc. and Enterprise Products Partners LP can freely negotiate its rates for crude oil transportation, rejecting arguments that the pipeline would be able to exercise market power to charge excessive rates.

  • December 2, 2016

    5 Insights From Airbus Group's Joshua Walker

    Technology so quickly outpaces regulation, and it’s imperative governments at every level find that sweet spot where the public is reasonably protected but innovation isn’t stifled. If the U.S. doesn’t get this balance right, other governments will, says Joshua Walker, general counsel and project executive for A3 by Airbus Group.

  • December 1, 2016

    Tribes Urge Feds To Boost Collaboration On Major Projects

    Native American leaders have called on federal agencies to be more responsive to tribal concerns about the impact of pipelines and other infrastructure projects and want the U.S. Army Corps of Engineers to scrap its regulations for consulting over sacred tribal sites, according to comments the federal government released Thursday.

  • December 1, 2016

    Calif. Appeals Court Affirms $2B Gas Plant Approval

    A California appeals court on Wednesday affirmed the California Public Utilities Commission's approval of a power purchase agreement between San Diego Gas & Electric Co. and Carlsbad Energy Center LLC to build a more than $2 billion power plant, dealing a blow to the environmental groups and community group that opposed it.

  • December 1, 2016

    Ohio-Mich. Gas Pipeline Scores FERC’s Environmental OK

    A proposed natural gas pipeline that would run through Ohio and into Michigan cleared a major regulatory hurdle Wednesday when the Federal Energy Regulatory Commission said the project did not pose any major environmental hazards.

Expert Analysis

  • Utility Mergers And Acquisitions Lift Capital Markets

    Michael Fitzpatrick

    In the past several years, there has been a pronounced increase in mergers and acquisitions activity in the electric utility industry. Three themes have been particularly notable of late: consolidation among utilities, the acquisition of gas assets by electric utilities, and the acquisition by Canadian utilities of U.S. companies, say Michael Fitzpatrick, Peter O’Brien and Steven Friend of Hunton & Williams LLP.

  • Energy Policy In The Trump Era: Part 2

    Christopher Carr

    President-elect Donald Trump has pledged to drastically change the federal government’s role and policies in relation to energy, the environment and climate change. In the second of a two-part series, Christopher Carr and Robert Fleishman of Morrison & Foerster LLP examine the impact of the new administration's attitudes towards the Clean Power Plan, the Paris Agreement and other energy and environmental regulations and policies.

  • The Trump Infrastructure Plan And Its Legal Implications

    Steve Sorett

    The incoming Trump administration's $1 trillion infrastructure plan would rely mostly on private investment, with infrastructure tax credits envisioned as bringing the needed financing to the table. But many questions remain unanswered, including who will decide on the selection and timing of projects, what laws will apply, and how private investors will be paid back, says Steve Sorrett of Kutak Rock LLP.

  • Energy Policy In The Trump Era: Part 1

    Christopher Carr

    President-elect Donald Trump has pledged to drastically change the federal government’s role and policies in relation to energy, the environment and climate change. In the first of a two-part series, Christopher Carr and Robert Fleishman of Morrison & Foerster LLP consider the incoming administration's plans on infrastructure, natural gas, oil and coal, as well as clean and renewable energy.

  • Inside World Bank’s New Report On Fraud And Corruption

    Jonathan Poling

    The World Bank Integrity Vice Presidency's recently released annual report is a helpful document that provides parties participating in contracts involving World Bank financing with insight into the types of investigations handled by the bank, the investigation and sanctions process, and investigation and enforcement priorities for the coming year, say attorneys with Akin Gump Strauss Hauer & Feld LLP.

  • The Ethical Risks Of A Multijurisdictional Practice

    Melinda Gentile

    As law firms and clients conduct more business on a regional or national scale, multijurisdictional practice is becoming more prevalent for practicing attorneys. Attorneys engaged in both private practice and as in-house counsel need to be aware of the ethical risks of practicing across jurisdictions — including the implications of engaging in the unauthorized practice of law, say Melinda Gentile and Monique Cardenas of Peckar & Abramson PC.

  • How Law Firms Are Using Analytics To Reduce Write-Offs

    Haley Altman

    It is increasingly necessary for law firms to implement strategies to improve efficiency, staffing and value to meet client needs. Haley Altman, CEO and co-founder of Doxly Inc., discusses how to successfully leverage analytical tools and emerging technology to increase profitability.

  • OPINION: Time To Recognize Standing Rock's Significance

    Ezra Rosser

    In his second inaugural address, President Obama stated that the most evident of truths, that all people are created equal, guided the United States through Seneca Falls, Selma and Stonewall. We are in a moment that calls for recognition of Standing Rock as a fourth location in this list, says Ezra Rosser, professor of law at American University Washington College of Law.

  • REVIEW: The Missing American Jury

    Judge William Young

    Face it, the American jury system is dying. The arguments Professor Suja Thomas makes in her new book deserve consideration by everyone interested in how our government actually works and how it might recapture the unifying communitarian experience of direct democracy and actual trial by one’s peers, says U.S. District Court Judge William Young of the District of Massachusetts.

  • Transportation Policy In The Trump Era: Part 3

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    The challenge of revitalizing and updating the nation’s transportation and infrastructure will be a focus for the 115th Congress and the Trump administration. In the final installment of a three-part series, attorneys with Squire Patton Boggs look at likely developments in water infrastructure, as well as anticipated developments on the transportation and infrastructure front with regard to congressional committees.