Project Finance

  • April 21, 2017

    FCC’s Infrastructure Votes Pave Way For Bold 5G Push

    The Federal Communications Commission on Thursday voted to tee up proposals to streamline the deployment of wireline and wireless infrastructure, and experts say the agency appears ready to act quickly and aggressively to use its authority to remove roadblocks.

  • April 21, 2017

    Enviros Appeal Toss Of FERC Pro-Energy Pipeline Bias Claims

    The Delaware Riverkeeper Network on Thursday appealed to the D.C. Circuit the dismissal of its suit claiming that the Federal Energy Regulatory Commission's pipeline approval process unconstitutionally favors the energy industry.

  • April 21, 2017

    US Won't Let Exxon Skirt Sanctions To Drill In Russia

    U.S. Treasury Secretary Steven Mnuchin said Friday that the U.S. would not allow Exxon Mobil to participate in drilling projects in Russia, which are subject to sanctions, following news reports that Exxon had asked for a waiver from the sanctions.

  • April 21, 2017

    Corps, Dakota Access Try To Nix Cheyenne Sioux Claims

    The U.S. Army Corps of Engineers and Dakota Access LLC each pressed a D.C. federal judge Thursday to toss claims in the Cheyenne River Sioux Tribe's challenge to the Corps' approvals for the Dakota Access pipeline, with the agency saying it didn’t violate any federal trust duty to the tribe.

  • April 21, 2017

    Industry, Climate Groups Push For Carbon Capture Funding

    A coalition of coal industry, labor and climate change groups urged President Donald Trump and congressional leaders Thursday to make carbon capture and sequestration projects part of any broad infrastructure legislative package, as well as to extend federal tax credits for such projects.

  • April 21, 2017

    Kansas Regulators Nix $12.2B Great Plains-Westar Merger

    Kansas utility regulators have rejected Great Plains Energy Inc.'s proposed $12.2 billion acquisition of Westar Energy Inc., saying that Great Plains is overpaying for the utility and taking on too much debt, costs that could ultimately be borne by ratepayers.

  • April 21, 2017

    Eversheds Sutherland Adds Ex-Dorsey Energy Partner In DC

    Eversheds Sutherland (US) LLP has said it added a former Dorsey & Whitney LLP attorney as a partner in its energy and infrastructure practice group in Washington, D.C.

  • April 20, 2017

    PetroChina Agrees To Arbitration In $1B Africa Oil Spat

    PetroChina Co. Ltd. and several related entities on Wednesday formally committed to arbitration in a $1 billion African oil contract dispute between the company it bought into and Carlton Energy Group LLC.

  • April 20, 2017

    Texas Businessman Cuts Deal With SEC Over Oil Well Funds

    A Texas businessman agreed to settle U.S. Securities and Exchange Commission claims he misled investors when raising funds to rework an oil and gas well and misappropriated their cash to gamble, according to documents filed in federal court Wednesday.

  • April 20, 2017

    Ore. Wind Project Blocked Over Sage-Grouse Concerns

    An Oregon federal judge on Tuesday revoked the U.S. Bureau of Land Management’s approval of a wind farm in the state, saying the agency failed to properly consider the project’s effects on the greater sage-grouse that live in the area.

  • April 20, 2017

    Ariz. Highway Foes Push 9th Circ. To Nix Gov't Win

    Environmental, community and tribal advocates continued to press the Ninth Circuit on Wednesday to overturn a ruling that the Federal Highway Administration and the Arizona Department of Transportation cut no corners on environmental reviews when approving a Phoenix-area road project.

  • April 20, 2017

    Maxus Seeks OK On $15M Sale Of Gulf Oil Field Interests

    Bankrupt oil and gas exploration firm Maxus Energy Corp. asked a Delaware court late Wednesday to approve a sale of its partial interest in a Gulf of Mexico offshore oil field as part of its effort to liquidate its assets through Chapter 11 transactions.

  • April 19, 2017

    Australian Court Nixes Claim $2M Deposit Was Not Income

    An Australian judge Wednesday rejected claims by a real estate developer’s wife that $2 million deposited into her bank account was not income, as the government’s taxing authority claimed, but rather an equity investment she was holding for her husband's company.

  • April 19, 2017

    Gov’t Beats Suit Challenging Old Okla. Drilling Permits

    A federal judge on Tuesday threw out the lawsuit of an Oklahoma landowner who claims the Bureau of Indian Affairs granted an energy exploration company permission to drill on his land without first conducting a required environmental review, finding he sued nearly two decades after the statute of limitations expired.

  • April 19, 2017

    Mass. Senators Urge FERC To Slam Brakes On Pipeline Work

    Massachusetts Democratic Sens. Elizabeth Warren and Ed Markey on Wednesday urged the Federal Energy Regulatory Commission to turn its green light red for construction on a Kinder Morgan unit's pipeline expansion, saying the quorumless agency cannot let construction proceed when it cannot even reconsider project approvals.

  • April 19, 2017

    Aussie Co. Takes $1.4B Chevron LNG Jetty Suit To 9th Circ.

    An Australian contractor alleging Chevron shortchanged it by AU$1.8 billion ($1.39 billion) on a AU$3.4 billion liquefied natural gas jetty project has urged the Ninth Circuit to nix a California federal judge’s decision to pause the case pending arbitration, arguing that Chevron is just trying to delay litigation.

  • April 19, 2017

    Minnesota Sands Sues County Over Silica Sand Ban

    Minnesota Sands is challenging a Winona County ban on silica sand mining for use in the energy industry, according to court documents filed in Minnesota federal court that called the county ordinance an arbitrary and irrational violation of the Minnesota and United States constitutions.

  • April 19, 2017

    Energy Co. Seeks Help From NY Court In Australia Arbitration

    A Florida-based power-generating company has initiated an arbitration against Australia over the alleged improper taking of its interest in a power facility, according to documents filed in New York federal court Tuesday, and it's asking for assistance in obtaining certain relevant evidence.

  • April 19, 2017

    Metro Worker's Rehire Bid OK'd After Smoke Disaster Firing

    A D.C. federal court on Wednesday reluctantly signed off on an arbitration award ordering the Washington Metropolitan Area Transit Authority to reinstate a maintenance worker who falsely claimed to have inspected a fan that later malfunctioned following an incident that killed one Metro passenger and injured others.

  • April 19, 2017

    Sped-Up Pa. Pipeline Challenge Not Needed, Army Corps Says

    The U.S. Army Corps of Engineers on Tuesday urged the Third Circuit to deny an environmental group's bid to speed up its challenge of a Clean Water Act permit issued by the agency for a Kinder Morgan unit's Pennsylvania pipeline project, saying the appeals court already engaged in expedited consideration when it denied an emergency bid to halt construction.

Expert Analysis

  • Monthly Column

    Gray Matters: The Attorney-Client Team

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    A 1979 study of attorney-client interactions revealed startling information: Despite years of education and training to hone their legal expertise, attorneys were not acting as independent counselors but rather allowing their clients to control them. Our experience is that this trend has accelerated, say dispute resolution experts Robert Creo and Selina Shultz.

  • Series

    Counsel To Counsel: Mama Said There'll Be Days Like This

    Peter J. Engstrom

    It's no longer enough for law firms simply to provide expert legal advice — we are expected to mirror clients' legal, ethics and social commitments and promises. For law firm GCs, the resulting job demands seem to grow exponentially, says Peter Engstrom, general counsel of Baker McKenzie.

  • Series

    Counsel To Counsel: A Law Firm GC's Data Protection Duties

    Thomas W. White

    Increasingly, we see companies in all industries seeking to perform various levels of due diligence on our information security defenses. We received three times as many diligence requests from clients and prospective clients in 2016 as we did in 2015. Some clients even conduct their own penetration tests, says Thomas White, general counsel of WilmerHale.

  • Limitation Of Liability Provisions In EPC Contracts

    Excerpt from Lexis Practice Advisor
    Joseph E. Ruccio III

    As in any type of contract, there are certain provisions in engineering, procurement and construction contracts that are often heavily negotiated and which are essential for all parties to understand. Jed Ruccio of McCarter & English LLP discusses limitation of liability considerations such as the amount of the limitation, tying the amount to insurance coverage and exclusions from the limitation.

  • Series

    Counsel To Counsel: Evaluating Positional Conflicts

    Nicholas A. Gravante Jr.

    What happens when attorneys come to their general counsel’s office with knowledge of a potential positional conflict? While the inquiry will depend on the rules governing the particular jurisdiction, there are a few general questions to consider from both business and legal ethics perspectives, say general counsel Nicholas A. Gravante Jr. and deputy general counsel Ilana R. Miller of Boies Schiller Flexner LLP.

  • Series

    Counsel To Counsel: 5 Challenges For A Law Firm GC

    John Koski

    Regardless of where we live and practice, regardless of whether trade deals succeed or fail, and regardless of whether the movement of people or capital is easy or difficult, our clients will still have needs or problems far away from home, says John Koski, global chief legal officer at Dentons.

  • Solving The Energy Problems On Federal And Indian Lands

    Paul Moorehead

    Congress and President Trump now have an opportunity to address energy-related management problems affecting Native Americans while respecting tribal decisions, strengthening sovereignty and improving the well-being of Native Americans nationwide, says Paul Moorehead of Powers Pyles Sutter and Verville PC.

  • Lawyers In Flow: Get Out Of Your Head And Into Your Case

    Jennifer Gibbs

    If Time Magazine is correct in that being a lawyer is one of the five worst high-paying jobs, it may be time for the legal profession to pull one from the playbook of musicians and professional athletes and seek to enter a state of “flow,” says Jennifer Gibbs of Zelle LLP.

  • Satire

    A Law Firm Ranking Model By 'Fake News & Distorted Reports'

    Alan B. Morrison

    Suffering from law firm ranking fatigue? Bewildered by the methodologies? If so, you're in good company. Alan Morrison, associate dean for public interest and public service law at George Washington University Law School, wonders just how far law firm ranking efforts may go.

  • Trump's Infrastructure Plan: Getting The Show On The Road

    Chris Roux

    Presidential candidate Donald Trump called for the investment of $1 trillion in infrastructure over 10 years. However, the Trump administration’s budget proposal shows cuts in government spending on transportation and water infrastructure. A clear, bipartisan plan to harness both public and private funds, and to streamline the permitting process, is needed for success, says G. Christian Roux of Alston & Bird LLP.