Project Finance

  • January 20, 2017

    Enviro Groups Seek Atty Fees In Ill. Tollway Suit

    Environmental groups that sued the U.S. Department of Transportation and others over the construction of a $1.2 billion tollway are seeking attorneys' fees despite the case being dismissed as moot, the three organizations said in a motion filed Thursday.

  • January 20, 2017

    Calif. Eyes 2030 With Broad Greenhouse Gas Cut Plan

    California unveiled a sweeping plan Friday to slash 1990-level greenhouse gas emissions by 40 percent by 2030, which includes a 10-year extension of the state's cap-and-trade program and a new requirement for oil refineries to slash their emissions by 20 percent.

  • January 20, 2017

    Taxation With Representation: Cravath, Weil, Jones Day, Davis

    In this week's Taxation With Representation, British American Tobacco is taking over Reynolds American for $49 billion, Exxon Mobil says it will pay up to $6.6 billion for companies with drilling properties in the Permian Basin, and Eli Lilly is set to purchase a migraine treatment developer for roughly $960 million.

  • January 20, 2017

    FirstEnergy Unloads 4 Pa. Plants In Nearly $1B Deal

    FirstEnergy Corp. said Thursday it will sell four natural gas generating plants in Pennsylvania and a portion of a Virginia hydroelectric power station to a unit of power developer LS Power for approximately $925 million in an all-cash transaction.

  • January 20, 2017

    Feds Strengthen Rules For Reporting Pipeline Accidents

    The U.S. Department of Transportation issued new guidelines on Thursday requiring pipeline operators to report accidents and spills more quickly, continuing efforts to fulfill obligations set out by Congress in 2011 aimed at strengthening pipeline regulations and safety.

  • January 20, 2017

    Pa. GOP Sens. Back Landowner In Fracking Ban Suit

    Three Republican Pennsylvania state senators on Thursday urged a federal judge to advance a landowner’s lawsuit challenging the Delaware River Basin Commission's fracking moratorium, saying the state did not cede its authority to regulate development when it entered into the compact that created the multistate organization.

  • January 19, 2017

    Rolling Back Regulation In The Age Of Trump

    The incoming president’s plans to rein in the power of federal agencies will lead to uncertainty for lawyers and their clients as pending investigations and rulemaking are stopped in their tracks.

  • January 19, 2017

    Most Influential Judges On Trump’s Supreme Court Short List

    A new look at the potential U.S. Supreme Court nominees’ rulings reveals a ranking of judicial influence with some surprises at the top — and at the bottom.

  • January 19, 2017

    The Lawyer Who Will Shape Trump’s Presidency

    Jones Day’s Donald McGahn is stepping into the role of White House counsel, a powerful but little-understood position that has a strong history of impacting the president’s authority.

  • January 19, 2017

    In The Polarized Era Of Trump, BigLaw Searches For Balance

    The alignment of law firms with or against the new administration in legal battles to come could open rifts among attorneys and clients. But the publicity earned for taking on a potentially unpopular case could ultimately be worth any public fallout.

  • January 19, 2017

    IRS Finalizes Fracking Service Income Tax Treatment Rules

    The Internal Revenue Service issued final regulations Thursday leaving largely intact its proposed rules on qualifying income from service providers to the oil and gas industry for master limited partnership treatment, which explicitly granted fracking services access to the favorable tax status.

  • January 19, 2017

    DC Circ. Tosses, Remands Standing Rock's Injunction Appeal

    The D.C. Circuit on Wednesday tossed the Standing Rock Sioux Tribe’s challenge of a decision rejecting its bid to block construction on the controversial $3.8 billion Dakota Access pipeline, finding the appeal moot, but telling a lower court to consider vacating the disputed decision.

  • January 19, 2017

    'Downwind' States Defend Cross-State Air Pollution Regs

    New York and five other “downwind” states urged the D.C. Circuit on Thursday to let them help defend the U.S. Environmental Protection Agency’s cross-state air pollution regulations from suits brought by upwind states and the energy industry, saying the quality of their air depends on making sure the rule isn’t delayed.

  • January 19, 2017

    Road-Fixing But No Gold-Digging, Judge Tells Mining Co.

    A mining company that unsuccessfully tried to reopen its search for gold in a protected wilderness area nabbed a partial concession Thursday, when an Idaho federal judge allowed the company to do work on two roads outside the wilderness area.

  • January 19, 2017

    Stone Pigman Comes To Houston, Adds 5 Cogan Energy Attys

    Louisiana-based Stone Pigman Walther Wittmann LLC announced Wednesday that it has merged with Houston-based commercial transactions and energy boutique firm Cogan & Partners LLP, expanding Stone Pigman's energy and industrial practices and establishing its Houston presence.

  • January 19, 2017

    Texas Court Says Injection Well Suits Can Be Heard Statewide

    A Texas appellate court on Wednesday held that courts outside of Austin have jurisdiction to block companies from developing and using injection wells, even if they have a valid permit, if an opponent claims the well would cause immediate and irreparable injury.

  • January 19, 2017

    FCC's Wheeler Touts Success Of E-Rate Program

    Efforts to modernize the Federal Communication Commission’s E-Rate program in 2014 have increased broadband and Wi-Fi connectivity in U.S. schools and libraries, outgoing FCC chair Tom Wheeler told Sen. Ed Markey, D-Mass., Wednesday.

  • January 19, 2017

    $5B Wyo. Wind Farm Gets Thumbs Up From Interior Dept.

    The U.S. Department of the Interior on Wednesday gave two key federal approvals to a $5 billion wind farm being built in Wyoming by a subsidiary of The Anschutz Corp. that is the largest proposed onshore wind project in the U.S.

  • January 19, 2017

    Report On Trump's Planned DOE Cuts Takes Perry By Surprise

    U.S. Secretary of Energy nominee Rick Perry pledged to back the agency's energy technology research and development efforts at his confirmation hearing Thursday but appeared in the dark about a news report that President-elect Donald J. Trump plans to make massive cuts at the department.

  • January 19, 2017

    FPL Wants State's Review Of Nuclear Plant Plans Stayed

    Florida Power & Light Co. has asked the Florida Supreme Court to delay further state review of its plans to build two nuclear generating units south of Miami while the high court considers whether to review an appeals court's reversal of the state's prior approval.

Expert Analysis

  • IRS Offers Clarity On Production Tax Credit Safe Harbors

    Michael Didriksen.jpg

    Last month the Internal Revenue Service issued a notice clarifying safe harbors for determining when construction of a facility has begun for which a taxpayer is eligible for the renewable electricity production tax credit or the investment tax credit. The notice permits some use of different safe harbors in alternate years, clarifies treatment of retrofitted facilities, and provides other guidance, say attorneys from Baker Botts LLP.

  • How Litigation Funding Is Bringing Champerty Back To Life

    John H. Beisner

    While some courts have declined to apply the common-law doctrine of champerty to invalidate third-party litigation funding agreements, two recent rulings by appellate courts in New York and Pennsylvania have brought renewed attention to champerty principles, casting doubts on the legality of certain forms of third-party litigation funding, say John Beisner and Jordan Schwartz of Skadden Arps Slate Meagher & Flom LLP.

  • Government Contracts Under The Trump Administration

    Joseph R. Berger

    President-elect Donald Trump will usher in a new era for government contractors, much like Presidents Barack Obama, George W. Bush and Bill Clinton before him. Joseph Berger of Thompson Hine LLP discusses 10 areas to watch.

  • Attracting And Retaining The Millennial Lawyer

    Christopher Imperiale

    Instead of trying to change the new workforce to follow a law firm's existing processes and procedures, perhaps it's time for firms to start changing their processes and procedures to better accommodate the mentality of this next generation of lawyers, says Christopher Imperiale, a law firm adviser with Berdon LLP.

  • Trump's EPA: Be Careful What You Wish For

    Mitchell J. Klein

    Trying to prognosticate what President-elect Donald Trump will do is very difficult. But assuming he does seek to implement change at the U.S. Environmental Protection Agency, if it's perceived as backing off of environmental enforcement, private parties will step in and cases will likely be even more expensive, more problematic and more unreasonable than those brought by the EPA and the states, says Mitchell Klein of Snell & Wilmer LLP.

  • The Trump Administration And Nuclear Energy

    David Repka

    Nuclear energy has fallen on hard times in the United States. Operating costs are high, while natural gas is abundant and cheap. So what will the Trump administration mean for nuclear generation? The president-elect seems uninterested in carbon-free nuclear power as a means to fight climate change, but job creation could justify the construction of new nuclear plants, say David Repka and Tyson Smith of Winston & Strawn LLP.

  • It’s Time To Change The Law Firm Business Model

    Lucia Chiocchio

    Every year, statistics reveal very little change in the number of women and minorities in the ranks of partnership. So how do law firms change this painfully slow rate of progress? It takes more than adding a diversity policy or a women’s leadership program to the current law firm business model, says Lucia Chiocchio, co-chair of Cuddy & Feder LLP's telecommunications and land use, zoning & development groups.

  • Tribal Treaty Rights And Public Interest: Showdown In ND

    Lael Echo-Hawk

    Following the Obama administration's refusal to issue a required permit for the Dakota Access pipeline, the matter is far from resolved. However, regardless of the ultimate outcome, the world is now better educated about Native American issues, and the government has shown a willingness to fulfill its legal obligations, says Lael Echo-Hawk of Hobbs Straus Dean & Walker LLP.

  • Suits Against Foreign Sovereigns: Mixed Bag For Energy Cos.

    Kenneth Reisenfeld

    Legal claims against foreign governments — including those of major oil-producing states — are growing in size and number. This trend creates a paradox for global energy companies: It is easier for them to protect their rights on projects abroad, but the increase in successful claims against sovereign states poses unforeseen risks for those doing business with government-owned oil concerns, say attorneys from BakerHostetler LLP.

  • Amended Rule 37(e): 1 Year Later

    Samantha Southall

    After a full year in effect, the amended Federal Rule of Civil Procedure 37(e) has been tested in a variety of district courts. A sampling of these decisions reveals that courts seem to be adhering closely to the amended rule and ordering adverse inference instructions only where there was intent to deprive another party of access to relevant information, say Carrie Amezcua and Samantha Southall of Buchanan Ingersoll & Rooney PC.