Project Finance

  • May 2, 2016

    Gov. Christie Vetoes Latest Offshore Wind Farm Bill

    New Jersey Gov. Chris Christie on Monday vetoed another round of legislation that would have paved the way for the state's first offshore wind farm, saying the bill seeks to usurp the Board of Public Utilities’ authority by forcing it to receive development applications under the Offshore Wind Economic Development Act.

  • May 2, 2016

    Colo. Supreme Court Kills Cities' Fracking Restrictions

    Two Colorado cities had their hydraulic fracturing restrictions overturned on Monday, when the state Supreme Court found that the local laws were preempted by state law because they conflict with the application of the state’s Oil and Gas Conservation Act.

  • May 2, 2016

    Ala. Residents Ask To Hit Brakes On Interstate Repairs

    Birmingham residents suing state and federal officials over a $450 million highway repair project they say will have significant effects on the city’s human environment asked an Alabama federal judge Friday to halt work on the job and to order the officials to complete an environmental impact study.

  • May 2, 2016

    FERC OKs Pipeline To New Pa. Gas-Fired Power Plant

    The Federal Energy Regulatory Commission on Friday gave UGI Energy Services LLC the authority to build a $178.2 million pipeline that will deliver natural gas to a planned gas-fired power plant on the site of a shuttered coal plant in Pennsylvania.

  • April 29, 2016

    $11M Award In Power Row Violates Public Policy, Court Told

    Nigeria told the D.C. Circuit on Friday that a district court wrongly confirmed an $11.2 million award issued to an Enron subsidiary following a dispute over a power purchase agreement, saying the award was based on a contract that was at the heart of Enron's fraud and corruption scandal.

  • April 29, 2016

    Vt. High Court Rejects Town's Challenge To Solar Array

    A split Vermont Supreme Court on Friday gave a narrow win to a solar developer seeking to build a 2.3 megawatt solar facility despite local opposition to the proposal, a ruling that comes amid the state’s growing debate on how to balance local concerns with its ambitious solar goals.

  • April 29, 2016

    EPA Says Texas-Okla. Haze Plan Fight Belongs In DC Circ.

    The U.S. Environmental Protection Agency told the Fifth Circuit on Friday that its rulemaking over Texas and Oklahoma’s regional haze plans had nationwide implications, meaning the D.C. Circuit is the only place Texas and other parties can challenge the rule.

  • April 29, 2016

    Dominion's $159M NY Pipeline Upgrade Gets FERC Approval

    Dominion Transmission's $159 million upgrade to its natural gas pipeline in upstate New York cleared another regulatory hurdle Thursday when the Federal Energy Regulatory Commission granted it a certificate of public convenience and necessity.

  • April 29, 2016

    US Energy, Utility M&A Activity Hits 10-Year High

    Energy and utility M&A in the U.S. so far this year is off to a strong start, with deal value more than triple what was seen last year and topping every year since 2007 as low interest rates, renewable energy tax credits, low oil and gas prices and private equity firm's mass amounts of dry powder have created a perfect storm for deal-making, experts say. 

  • April 29, 2016

    FERC Manipulation Theory Is Baseless, Energy Trader Says

    Federal Energy Regulatory Commission enforcement staff are floating a new, unfounded theory of market manipulation in their attempt to impose $42 million in penalties and disgorgement on a shuttered Pennsylvania trading firm and its employees for alleged electricity market manipulation, the firm said Thursday.

  • April 28, 2016

    K&L Gates Seeks Anti-SLAPP Fee Award From Investor Deal

    A portion of a $4.5 million settlement deal for a class of investors in a bankrupt oil company should be used to pay legal fees spent defending a related malpractice claim, K&L Gates LLP told a California federal judge Thursday.

  • April 28, 2016

    Counsel Row Resolved In $70M Wind Energy Award Suit

    An investor dispute about hiring and firing counsel that derailed a wind energy venture's pursuit of a $70 million arbitral award from a Chinese former business partner has been resolved, according to a Thursday filing in Texas federal court.

  • April 28, 2016

    Enviros Threaten Suit Over Nitrogen, Sulfur Emission Plans

    Environmental groups on Wednesday threatened to sue the U.S. Environmental Protection Agency for blowing a deadline to revise national limits on emissions of nitrogen and sulfur oxides, key components of acid rain, ozone and soot.

  • April 28, 2016

    Oil Pipeline Spill Case In Wrong Court, Oil Groups Say

    Two oil industry groups on Wednesday voiced their support for the U.S. Department of Transportation's argument that the National Wildlife Federation's lawsuit over oil spill response plans for underwater pipelines belongs in the D.C. Circuit, not the Michigan federal court where it currently lies.

  • April 28, 2016

    Green Bonds Soar Despite Uncertain Legal Environment

    Green bonds are blossoming as more issuers tout their environmental savvy to like-minded investors amid growing pressure to curb carbon footprints, boosting a market niche that lawyers expect will continue to expand despite the absence of a concrete legal framework.

  • April 28, 2016

    Mayors Urge Obama To Speed Up Methane Regulations

    Dozens of mayors and county commissioners from across the country have asked President Barack Obama to prod the U.S. Environmental Protection Agency to speed up its effort to reduce methane emissions from existing, new and modified sources in the oil and gas sector.

  • April 28, 2016

    DOT Shakes Up Metro's Board Amid Safety Fiascos

    In a shake-up Thursday the U.S. Department of Transportation replaced three members of the Washington Metro's board, the same day a House lawmaker proposed a board overhaul amid growing dissatisfaction with the D.C. transit agency’s string of safety lapses.

  • April 28, 2016

    PSEG’s Pick For NJ Nuke Plant Site Gets Nod From Regulator

    An Atomic Safety and Licensing Board panel has approved a site in southern New Jersey as fit to accommodate a nuclear power plant from an environmental and safety standpoint, giving a Public Service Enterprise Group Inc. unit the thumbs up for an early site permit.

  • April 28, 2016

    Senate Dems Continue Filibuster On $37B Spending Bill

    Senate Democrats on Thursday refused for the second day in a row to let a $37.5 billion bill funding federal energy, water development and certain weapons programs for 2017 move forward, amid continued concern over a proposed amendment aimed at the administration’s recent nuclear deal with Iran.

  • April 28, 2016

    Cargo Co. Says Tribunal Properly Issued €38.5M Award

    Getma International continued to push a D.C. federal court Wednesday to confirm a previously annulled €38.5 million ($43.6 million) award ordered against the Republic of Guinea in a dispute over a canceled port contract, rejecting the country’s argument that the issuing tribunal engaged in misconduct.

Expert Analysis

  • No Recovery In Calif. For Views Blocked By Public Projects

    Bradford B. Kuhn

    The recent California appeals court case Boxer v. City of Beverly Hills involved the narrow issue of liability for view impairment due to an agency planting trees on government-owned property, but it potentially has a much broader impact and serves as a strong lesson for agencies planning public projects, say Bradford Kuhn and Rick Rayl at Nossaman LLP.

  • OPINION: Engaging The Media May Help Your Client

    Liz Mair

    While I am confident that the decisions in Windsor and Obergefell were made on the basis of the dictates of the Constitution, I am also confident that the communications efforts undertaken gave the justices additional comfort to make the right call, and ensured that these decisions were not treated as a Roe v. Wade redux, says Liz Mair, former online communications director for the Republican National Committee and president of Mair Strategies.

  • Public Trust Doctrine Suit Could Clear Procedural Hurdles

    Lauren Sidner

    An Oregon magistrate judge's findings and recommendation in Kelsey Cascade Rose Juliana v. U.S. has the potential to allow this controversial climate change suit to overcome jurisdictional challenges. If the judge's recommendations are eventually adopted, the case could have a major impact on the trajectory of climate litigation going forward, say Lauren Sidner and George Wilkinson at Vinson & Elkins LLP.

  • Using The New Federal Rules To Rein In Discovery

    Martin J. Healy

    The 2015 amendments to the Federal Rules of Civil Procedure present a fertile opportunity for defendants to leverage the rules' renewed focus on reasonableness and proportionality to rein in rampant discovery abuse. Courts' application of the amended rules has already shown promise in this regard, say Martin Healy and Joseph Fanning of Sedgwick LLP.

  • Dentons: A New Kind Of Network?

    MarkACohen.jpg

    Dentons is two different law firm networks in one. So even if the Swiss verein structure should eventually fail and Dentons is forced to operate as a network of independent law firms, it could still be a significant market force, says Mark A. Cohen, a recovering civil trial lawyer and the founder of Legal Mosaic LLC.

  • From The Book Of Jargon: Tree

    In the latest excerpt from the "Book of Jargon," Michèle Penzer, managing partner of Latham & Watkins LLP's New York office, defines the finance term "tree."

  • Compromise In Congress Over Bipartisan Energy Reform

    Henry A. Terhune

    The Energy Policy Modernization Act was recently approved by the U.S. Senate, and although it contains some potentially controversial provisions, the bill reflects significant bipartisan cooperation that has been somewhat rare in Congress in recent years, especially with respect to energy and environmental policy, say attorneys at Akin Gump Strauss Hauer & Feld LLP.

  • 3 Takeaways From The Native American Finance Conference

    Kathleen M. Nilles

    At the Native American Finance Officers Association's recent annual conference tribal and government officials discussed ways tribal leaders can reduce taxes on tribal members without reducing income or benefits, uncertainty over the Affordable Care Act's new reporting requirements and the development of energy projects on tribal lands, say attorneys at Holland & Knight LLP.

  • Promoting Renewable Energy After Hughes V. Talen Energy

    Mersing Jennifer 2.jpg

    Even after the U.S. Supreme Court’s decision in Hughes v. Talen Energy, the “bright line” between federal and state jurisdiction over electricity regulation is not entirely clear. States still have the authority to implement methods to promote renewable energy generation, but those methods may have to avoid wholesale markets regulated by the Federal Energy Regulatory Commission, says Jennifer Mersing at Stoel Rives LLP.

  • Avoiding The Pitfalls Of Researching Attorneys In PACER

    Brian Howard

    While PACER is a powerful tool for gaining information, practitioners should keep in mind that certain flaws often cause lawyers to be omitted from cases they’ve worked on or to show up associated with the wrong firm. These errors build up across aggregate records, tainting any conclusions drawn from such data — often to a surprising extent, according to Brian Howard, a legal data scientist at Lex Machina.