Project Finance

  • January 18, 2017

    13 States Sue To Stop Coal Mining Stream Protection Rules

    Thirteen states sued the U.S. Department of Interior in D.C. federal court on Tuesday, alleging that federal rules finalized in December aimed at minimizing harm to surface and groundwater from coal mining operations violated the states’ ability to regulate mining within its borders.

  • January 18, 2017

    Enviros Take Bid To Intervene In BLM Auction Suit To 10th Circ.

    Environmental groups on Tuesday appealed to the Tenth Circuit a New Mexico federal judge's refusal to let them intervene in an oil and gas industry group's suit accusing the U.S. Bureau of Land Management of illegally failing to hold oil and gas lease auctions.

  • January 17, 2017

    Enviros Urge Justices To Pass On Polar Bear Habitat Appeal

    The Center for Biological Diversity is urging the U.S. Supreme Court not to upend a Ninth Circuit decision backing the U.S. Fish and Wildlife Service's critical habitat designation for the polar bear, saying the state of Alaska and other challengers have made too big of a deal out of the size of the habitat designation.

  • January 17, 2017

    EPA Wants To Revise Haze Rules Over Texas' Objection

    The U.S. Environmental Protection Agency and environmental groups have asked the Fifth Circuit to deny Texas’ bid to throw out part of the federal government’s regional haze plan, arguing that instead the EPA should be allowed to revise the plan on remand.

  • January 17, 2017

    Dakota Access Urges Judge To Halt New Enviro Review

    Developers of the controversial Dakota Access pipeline on Monday urged a D.C. federal judge to block a more stringent federal environmental review until he rules on its claim that it has already received the necessary permission to complete construction under Lake Oahe in North Dakota.

  • January 17, 2017

    9th Circ. Won't Halt Ariz. Highway Project Near Tribal Land

    The Ninth Circuit has rejected a bid from the Gila River Indian Community to halt work on a Phoenix-area highway project as it appeals a district court ruling that federal and state agencies took no shortcuts on environmental reviews when giving the project the go-ahead, while also consolidating the appeal with a similar one.

  • January 17, 2017

    Australian Solar Co., US Agent Can’t Dodge $1.3M Award

    The U.S. arm of a Chinese solar power equipment supplier got its $1.3 million arbitration award against an Australian solar installer and its U.S. purchasing agent confirmed in New York federal court Tuesday, with the judge saying mere “grumbles” about process don’t rise to the level of bad faith or incompetence required to strike down an award.

  • January 17, 2017

    Justices Won't Hear Fla. Official's Bribery Appeal

    The U.S. Supreme Court on Tuesday said it would not take up the bribery-related conviction of a former Florida transportation official who purportedly offered a $5 million state contract to an engineering company in exchange for taking on his choice of subcontractors.

  • January 17, 2017

    EPA Says It Can't Pay For Gold King Mine Spill Claims

    The U.S. Environmental Protection Agency on Friday said that it can't pay for any tort claims against it for its role in triggering the 2015 Gold King Mine disaster, despite the agency’s long-standing assertion that it would take full responsibility for handling the spill.

  • January 17, 2017

    Bankrupt Ultra Resolves $303M Pipeline Contract Row

    Bankrupt oil and gas producer Ultra Petroleum Corp. said Tuesday that it will pay Rockies Express Pipeline LLC $150 million and ink a new natural gas transportation contract to settle a $303 million breach of contract claim brought by the pipeline's operator, Tallgrass Energy Partners LP.

  • January 17, 2017

    BLM Venting Rules Take Effect As Court Case Continues

    Three Western states and industry groups lost a bid Monday to block a Bureau of Land Management rule aimed at limiting methane releases from drilling operations on federal and Native American lands from taking effect Tuesday while a Wyoming federal judge hears the merits of the case.

  • January 17, 2017

    Exxon, Noble Energy Splash Cash For Permian Basin Acreage

    Exxon Mobil Corp. said Tuesday it will pay up to $6.6 billion for Bass-family companies that own drilling properties in the oil-rich Permian Basin, one day after Noble Energy Inc. expanded its Permian holdings by acquiring Clayton Williams Energy Inc. in a $2.7 billion deal.

  • January 17, 2017

    Fla. Counties Fight Dismissal Bid In Rail Bond Challenge

    Two Florida counties on Monday shot back at bids to dismiss their suits challenging the U.S. Department of Transportation's approval of $1.75 billion in tax-exempt bonds for a Miami-to-Orlando passenger railroad, saying the suits aren’t mooted just because the approval of those bonds was replaced by another approval.

  • January 13, 2017

    Fla. Man Admits To $29M Ponzi Scheme, Development Fraud

    A Florida man pled guilty Friday in federal court in Miami to two counts of wire fraud in connection with a $29 million Ponzi scheme and a scheme to illegally obtain economic development funds from the state of South Carolina.

  • January 13, 2017

    Cable Group Pushes FCC's Pai On Broadband Deployment

    The American Cable Association has registered its views on the bidding process for funds to expand broadband in rural areas with the office of senior Republican Federal Communications Commissioner Ajit Pai, recommending a method that maximizes provider participation.

  • January 13, 2017

    $50M Contract Suit Against Dominican Republic Sent To Trial

    A Florida federal judge on Thursday denied the Dominican Republic's bid for summary judgment against two Miami-based companies accusing the country of breaching a $51.8 million irrigation contract, clearing the way for trial to start this month.

  • January 13, 2017

    Feds Urge 6th Circ. To Shut Down Clean Water Rule Foes

    The U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers on Friday urged the Sixth Circuit to uphold the controversial Clean Water Rule against the onslaught of industry challengers, states, environmental groups and municipalities that dragged them to court over the rule.

  • January 13, 2017

    Energy-Related Confirmation Hearings: What To Watch For

    Energy policy takes center stage on Capitol Hill starting Tuesday when the U.S. Senate begins confirmation hearings for President-elect Donald J. Trump's nominees for secretaries of Energy and the Interior and for administrator of the U.S. Environmental Protection Agency. Here's a glimpse of what to expect in each hearing.

  • January 13, 2017

    4 Ex-NJ Govs Urge Pinelands Board To Reject Pipeline

    Four former New Jersey governors on Thursday voiced their opposition to a proposed natural gas pipeline that would traverse 21.6 miles of the environmentally sensitive Pinelands region, telling the agency set to vote on the project that it contravenes the preservation goal for the area.

  • January 13, 2017

    Kirkland Reps Blackstone JV In $2.3B South Texas Shale Deal

    Blackstone’s energy-focused private equity business and Sanchez Energy Corp. said Wednesday they’ve teamed up in a 50-50 partnership to buy Anadarko Petroleum Corp.’s working interest in a South Texas oil and gas shale play for $2.3 billion in a deal guided by Kirkland & Ellis LLP.

Expert Analysis

  • 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.

  • Avoiding The Hidden Costs Of Bargain-Priced E-Discovery

    Michael Cousino

    Many organizations are interested in finding electronic discovery partners who offer tantalizingly low prices for electronic discovery services. However, unforeseen gaps, lax security practices, ignorance of global practices and delayed deliverables can all add up to a surprisingly large final cost, says Michael Cousino of Epiq Systems.

  • Retail Trends: Outlets As Destination Centers

    In this episode of Fashion Counsel, Arent Fox LLP partner Anthony Lupo and retail consultant Steve Birkhold (former CEO of Lacoste, Diesel, BEBE and Earl Jeans) discuss factory outlets — the nation’s fastest developing retail sector. Increasingly, outlets are “destination centers,” offering entertainment and amenities, not just retail stores. But they may raise special legal issues for participants.

  • Saving Lawyers 1 Breath At A Time: Mindfulness In The Law

    Jennifer Gibbs

    As critical as lawyers are to society, they are reported to be the most frequently depressed occupational group in the United States. In response to the inherently stressful nature of the practice of law, more and more lawyers are turning to an ancient contemplative practice called “mindfulness,” says Jennifer Gibbs of Zelle LLP.

  • Understanding How Blockchain Could Impact Legal Industry

    R. Douglas Vaughn

    Blockchain is essentially a computerized public ledger that can apply to almost anything that a person might save into a database or spreadsheet. This versatile technology may enhance the legal industry by providing an improved record keeping system, setting up "smart contracts" and tracking intellectual property and land records, say R. Douglas Vaughn and Anna Outzen of Deutsch Kerrigan LLP.

  • Does The US Constitution Ensure A Future Livable Planet?

    Melissa K. Scanlan

    In Juliana v. United States, where the plaintiffs sued the government for allowing and encouraging increasing carbon emissions over the past 50 years, the litigants have a steep road ahead. Melissa Scanlan, director of the Environmental Law Center at Vermont Law School examines the legal questions raised by this case and next steps for the litigants.

  • New Water Act Is A 'WIIN' For Infrastructure

    Paul J. Epstein

    Last month, in a strong display of bipartisanship in an otherwise tense post-election political climate, Congress passed the Water Infrastructure Improvements for the Nation Act. The law includes certain provisions that may be of particular interest to private sector entities pursuing investments in the water sector, including investments through public-private partnerships, says Paul Epstein of Shearman & Sterling LLP.