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Project Finance

  • September 19, 2018

    Fla. Enviros Want Order Freeing Land Buying Funds Enforced

    Environmental groups that won a state court judgment in June finding Florida misspent hundreds of millions of dollars in conservation land acquisition funds asked the Tallahassee circuit court Wednesday to lift a stay on the judgment while the state appeals.

  • September 19, 2018

    Trump Methane Rollbacks Hand Regulatory Reins To States

    The rollback of Obama-era restrictions on venting and flaring from gas wells on federal and tribal lands is the latest sign the Trump administration intends to hand off the job of regulating methane emissions to states, some of which are expected to be lax while others may craft more stringent methane rules, experts say.

  • September 19, 2018

    Millbank Tweed Project Finance Atty Joins Greenberg Traurig

    A former Millbank Tweed Hadley & McCloy LLP senior associate has jumped to Greenberg Traurig LLP’s Chicago office, where she’ll join the institutional private placement finance team, the firm has announced.

  • September 19, 2018

    Cheniere Tells Texas Judges To Allow Foreclosure In LNG Row

    Cheniere Energy Inc. had the contractual right to initiate foreclosure proceedings against a business partner's subsidiary after it failed to pay back a $46 million loan, and a trial court wrongly enjoined it from doing so, a Texas appellate court was told in oral arguments in Houston on Wednesday.

  • September 19, 2018

    EPA Asks 5th Circ. To Uphold Effluent Rule Delay

    The U.S. Environmental Protection Agency has asked the Fifth Circuit to uphold its decision to postpone parts of an Obama-era rule that set limits on how much toxic metal can be discharged with power plants’ wastewater, an action environmental groups have said is illegal.

  • September 19, 2018

    Alaska Tells DC Circ. Not To Halt 'Roadless Rule' Case

    Alaska asked the D.C. Circuit not to pause an appeal in the state’s long-running challenge to the 2001 “roadless rule” aimed at limiting road construction in national forests, arguing that a rulemaking effort by the U.S. Department of Agriculture can’t address all its concerns.

  • September 19, 2018

    Contractor Says Insurer Can't Appeal Sports Complex Fight

    Members of a contractor joint venture have urged a Texas federal judge not to allow Mt. Hawley Insurance Co. to appeal a ruling that required it to defend them against a lawsuit over allegedly faulty construction on a San Antonio-area sports complex, saying Mt. Hawley does not have an adequate question that needs review by the Fifth Circuit.

  • September 19, 2018

    Calif., NM Sue Interior Over Reversal Of Methane Rule

    On the same day the U.S. Department of the Interior finalized a plan to reverse much of an Obama-era rule that sought to reduce methane release from oil and gas operations on federal and tribal lands, California and New Mexico challenged the rollback as harmful and unsupported by facts.

  • September 18, 2018

    Preemption Lines Blurred In 9th Circ. Hazmat Fee Ruling

    The Ninth Circuit’s recent decision knocking down California's new fee on rail cars transporting hazardous materials but leaving the door open to such a levy if it were "fair" raises new questions on the breadth of federal preemption concerning railroad rates and services, experts say.

  • September 18, 2018

    Interior Finalizes Move On Pulling Back Methane Flaring Rule

    The U.S. Department of the Interior finalized Tuesday a plan to eliminate most of an Obama-era rule aimed at reducing the amount of methane that oil and gas companies release on federal and Native American lands, saying the regulations went far beyond the agency’s authority.

  • September 18, 2018

    Creditors Can't Put Stop To Puerto Rico GDB Restructuring

    A Puerto Rico federal judge denied on Tuesday a motion by unsecured creditors in its government’s bankruptcy proceedings to enforce a stay and prevent a proposed Government Development Bank restructuring, finding that neither the automatic stay nor the court’s stay order applies to moves made by the debtor.

  • September 18, 2018

    7 Firms Shepherd $7.1B Worth Of Deals For Enbridge

    Canadian multinational energy transportation giant Enbridge Inc. unveiled Tuesday multiple multibillion-dollar deals that total roughly $7.1 billion and are meant to simplify the company’s corporate structure, in transactions guided by McCarthy Tétrault LLP, Sullivan & Cromwell LLP, Vinson & Elkins LLP, Bracewell LLP, Morris Nichols Arsht & Tunnell LLP, Norton Rose Fulbright Canada and Gibson Dunn & Crutcher LLP.

  • September 18, 2018

    Investor Sues Energy Transfer Over Proposed $27B Merger

    An investor in Energy Transfer Partners LP filed a proposed class action in Texas federal court on Monday that aims to block a unitholder vote on the potential $27 billion acquisition of the gas and propane company by a subsidiary of its sister partnership.

  • September 18, 2018

    Former US Secretaries Back IFC Immunity In High Court Case

    Weighing in on a case brought by a group of Indian nationals over alleged environmental damage from a power plant project, a group of former U.S. secretaries of state and of the Treasury, including John Kerry, has urged the U.S. Supreme Court to continue allowing the International Finance Corp. to be immune from suits, arguing that multilateral development banks are fundamentally different from sovereign states.

  • September 17, 2018

    EPA Poised To Replace Clean Power Plan, DC Circ. Hears

    The U.S. Environmental Protection Agency on Friday urged the D.C. Circuit to reject a bid by Clean Power Plan supporters to decide the merits of the rule, saying its proposed replacement should be finalized by the first part of 2019.

  • September 17, 2018

    Counties Say $1.15B Fla. Rail Line Rife With Deadly Risks

    A pair of Florida counties on Friday urged a D.C. federal judge to scrap a $1.15 billion tax-exempt bond funding the construction of a private passenger rail line, saying federal agencies failed to account for significant public safety and environmental concerns.

  • September 17, 2018

    EPA Erred In Nixing Hardrock Mining Rule, Enviros Say

    Green groups on Friday asked the D.C. Circuit to invalidate the Trump administration's decision to kill an Obama-era rule that would have required hardrock mining facilities to prove they can pay for cleanup efforts, saying the agency improperly ignored the industry's effects on health and the environment.

  • September 17, 2018

    NY, NJ Agencies Aim To Dump Suit Over Excessive Toll Fees

    New York and New Jersey transportation agencies asked a federal judge Friday to dump a proposed class action alleging they're slapping motorists with improper fees and excessive penalties from cashless tolls, such as E-ZPass, saying the agencies are well within their authority to go after toll violators.

  • September 17, 2018

    Anadarko, Insurer Clash On Terms In $100M Deepwater Row

    Anadarko Petroleum Corp. told the Texas Supreme Court Monday that an excess insurer at Lloyd’s of London has effectively rewritten policy terms to avoid paying more than $100 million in Deepwater Horizon litigation defense costs, while the insurer says Anadarko is seeking a drastic expansion of coverage.

  • September 17, 2018

    FERC Pipeline Tax Policy Change Challenged At DC Circ.

    A pair of pipeline companies urged the D.C. Circuit on Friday to review a Federal Energy Regulatory Commission policy removing a tax perk for pipeline master limited partnerships, a companion to a rule directing gas pipeline operators to disclose the effect of recently enacted corporate tax cuts on their rates.

Expert Analysis

  • Q&A

    Back To School: Stanford's Jeff Fisher Talks Supreme Court

    Jeffrey Fisher

    In this series featuring law school luminaries, Stanford Law School professor Jeffrey Fisher discusses his motivation for teaching, arguing before the U.S. Supreme Court and what the court might look like if Judge Brett Kavanaugh is confirmed.

  • Clearing Up Some Pipeline Permit Questions At 3rd Circ.

    Deidre Duncan

    Two recent decisions from the Third Circuit — Delaware Riverkeeper and Township of Bordentown — indicate that resolving questions related to state appeals of pipeline project permits will ultimately turn on the particulars of the state administrative process, say Deidre Duncan and Clare Ellis of Hunton Andrews Kurth LLP.

  • Calif.'s New Rules For Lawyers Move Closer To ABA Model

    Mark Loeterman

    The first comprehensive overhaul of California's Rules of Professional Conduct in nearly 30 years becomes operational on Nov. 1. Some of the new rules mirror the model language used by the American Bar Association, but many continue to reflect California’s unique approach to certain ethical questions, says Mark Loeterman of Signature Resolution LLC.

  • Know The Limits To Atty Public Statements During A Trial

    Matthew Giardina

    The balancing act between protecting attorneys’ speech rights and ensuring unbiased adjudications was highlighted recently in two cases — when Michael Cohen applied for a restraining order against Stephanie Clifford's attorney, and when Johnson & Johnson questioned whether a Missouri talc verdict was tainted by public statements from the plaintiffs' counsel, says Matthew Giardina of Manning Gross & Massenburg LLP.

  • In Calif., Questions Remain On Law Firm Conflict Waivers

    Richard Rosensweig

    In Sheppard Mullin v. J-M Manufacturing Co., the California Supreme Court ruled last month that a law firm's failure to disclose a known conflict with another current client did not categorically disentitle the firm from recovering fees. But the court didn’t provide hoped-for guidance on how to write an enforceable advance conflict waiver, says Richard Rosensweig of Goulston & Storrs PC.

  • Q&A

    A Chat With Faegre Client Development Chief Melanie Green

    Melanie Green

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Melanie Green, chief client development officer at Faegre Baker Daniels LLP.

  • Kavanaugh's Chevron Skepticism May Impact Enviro Regs

    Andrea Driggs

    Confirmation of Judge Brett Kavanaugh to the U.S. Supreme Court may accelerate its narrowing of the discretion given to administrative agencies to regulate via rulemaking. An indication of how a Justice Kavanaugh might deal with Chevron deference is found in his dissent in Northeast Hospital Corp. v. Sebelius, say Andrea Driggs and Christopher Thomas of Perkins Coie LLP.

  • 10 Questions For Upcoming Opportunity Zone Guidance

    Marc Schultz

    Last year's tax overhaul created an incentive program to encourage the investment of private capital in certain "opportunity zones" throughout the United States. The IRS is expected to issue guidance for interpreting many of the opportunity zone provisions in short order. However, the success of this program could depend upon the IRS' answers to these 10 questions, says Marc Schultz of Snell & Wilmer LLP.

  • EPA's Clean Energy Proposal: 6 Key Points

    Joel Beauvais

    The U.S. Environmental Protection Agency's proposed Affordable Clean Energy rule, released last month, provides states with significant leeway on regulating electric power generation. This would likely mean substantial variations between states and even individual generating units, say Joel Beauvais and Stacey VanBelleghem of Latham & Watkins LLP.

  • Q&A

    Back To School: Widener's Rod Smolla Talks Free Speech

    Rodney Smolla

    In this new series featuring law school luminaries, Widener University Delaware Law School dean Rodney Smolla discusses teaching philosophies, his interest in First Amendment law, and arguing before the U.S. Supreme Court in Virginia v. Black.