Project Finance

  • April 28, 2017

    Agency Vacancies Threaten Trump Rollback Of Energy Regs

    President Donald Trump's offshore drilling executive order inked Friday is the latest directive calling for the review and rollback of energy and environmental regulations crafted by the Obama administration, but former government officials say Trump's efforts will be compromised by dozens of vacancies in politically appointed positions at the agencies responsible for carrying out his orders.

  • April 28, 2017

    Trump Exec. Order Seeks To Expand Offshore Drilling

    President Donald Trump on Friday signed an executive order that directs the U.S. Department of the Interior to review his predecessor’s restrictions on offshore oil and gas drilling, declaring that America is better when it takes full advantage of its natural resources.

  • April 28, 2017

    FERC Commissioner Honorable Won't Seek New Term

    Federal Energy Regulatory Commissioner Colette Honorable will not seek another term when her current one expires at the end of June, she announced Friday, a move that could leave the already quorumless agency with just one commissioner.

  • April 28, 2017

    Pipeline Co. Fights Okla. Tribal Landowners' Sanctions Bid

    Enable Midstream Partners LP shot back Thursday against a request from a group of tribal landowners that an Oklahoma federal judge force it to respond to discovery requests and sanction it for refusing to do so in their suit challenging the company’s use of a natural gas pipeline on their property.

  • April 28, 2017

    High Court Urged To Reverse 6th Circ.'s Waters Of US Ruling

    Several industry groups, states and environmental organizations on Thursday asked the U.S. Supreme Court to reverse the Sixth Circuit’s ruling that it has sole jurisdiction to hear challenges to the U.S. Environmental Protection Agency’s rule clarifying its ability to issue permits under the Clean Water Act.

  • April 28, 2017

    Feds Urge DC Circ. To Snuff Detroit-Canada Bridge Row

    The federal government told the D.C. Circuit on Friday that Michigan’s agreement with Canada to build the new publicly owned Gordie Howe International Bridge is valid, and a long-running lawsuit from the private owners of the competing Ambassador Bridge seeking to derail the new span should be snuffed out for good.

  • April 28, 2017

    Mont. Sens. Float Bill To Extend Indian Coal Tax Credit

    The two U.S. senators from Montana on Thursday announced the introduction of legislation to permanently extend a tax credit for coal production on Native American lands, saying it will boost self-determination in Indian Country.

  • April 28, 2017

    Indiana Appeals Court Denies Utility’s 7-Year Plan Update

    The Court of Appeals of Indiana on Thursday affirmed a decision by the Indiana Utility Regulatory Commission that partially denied a bid by a gas utility to add projects to its seven-year improvements plan, saying the rules did not allow it to make previously unmentioned updates.

  • April 28, 2017

    Navajo Power Plant Poses Test For Trump's Pro-Coal Stance

    The looming closure of a power plant vital to the Navajo Nation and the Hopi Tribe gives President Donald Trump a chance to save jobs, help rural America and support the coal industry by backing the Navajo's push to keep the facility online through 2029. Although extending the plant's life might dovetail with the Trump administration's priorities, experts say economic realities may make that a lost cause.

  • April 28, 2017

    DC Circ. Pauses Clean Power Plan Litigation

    The D.C. Circuit on Friday granted the U.S. Environmental Protection Agency's request to pause litigation over the Clean Power Plan and ordered briefing on whether the case should be remanded to the agency or just kept on hold.

  • April 27, 2017

    Trump To Sign Order To Review Offshore Drilling Limits

    President Donald Trump will sign an executive order Friday directing the U.S. Department of the Interior to review his predecessor’s ban on offshore drilling in the Arctic and Atlantic oceans, the aim being to open up those protected waters to such activity.

  • April 27, 2017

    Group Sues For Trump Transition's Climate Questionnaires

    A group formed by former White House attorneys filed two suits in D.C. federal court Thursday accusing the U.S. Departments of Energy and Health and Human Services of ignoring requests for records concerning Trump transition team questionnaires given to agency employees about their climate change and Affordable Care Act work.

  • April 27, 2017

    NJ Says PennEast Pipeline Permit Application 'Incomplete'

    The New Jersey Department of Environmental Protection has deemed an application for a permit for the $1 billion PennEast natural gas pipeline project, which would run from Pennsylvania to central New Jersey, "administratively incomplete," according to a letter the DEP sent to the pipeline company on Wednesday.

  • April 27, 2017

    Gibson Dunn Adds 6 Energy Partners In Houston

    Gibson Dunn added six partners from Baker Botts LLP who specialize in capital markets, mergers and acquisitions, finance and tax in the energy sector to its energy-focused Houston office, the firm announced Thursday.

  • April 27, 2017

    Surge Of Blank Check Cos. To Oil Patch Won't Last

    A recent influx of private equity-affiliated blank check companies looking to buy private energy companies has injected additional deal-making juice into an industry recovering from a prolonged oil price slump, but experts say that wave may recede quickly as traditional initial public offerings for energy firms pick up again.

  • April 27, 2017

    Quorumless FERC Sits Out Ill. Nuke Plant Subsidy Fight

    The Federal Energy Regulatory Commission told an Illinois federal judge Wednesday it would not weigh in on whether the state's plan to subsidize struggling nuclear power plants intrudes on the agency's authority to oversee wholesale electricity rates, as a coalition of power producers claims.

  • April 27, 2017

    DC Circ. Suspends Litigation Over EPA Mercury Rule

    The D.C. Circuit on Thursday granted the U.S. Environmental Protection Agency’s request to delay a legal battle over the costs of the agency's rule limiting mercury and other toxic emissions from coal-fired power plants, canceling oral arguments that had been slated for May.

  • April 27, 2017

    Loss Easy To Figure In Canadian Quarry Row, Mining Co. Says

    A Delaware mining company pressed the Permanent Court of Arbitration for costs and damages including lost profits from a Nova Scotia quarry project that was quashed by the Canadian government, in a redacted document obtained Thursday by Law360.

  • April 26, 2017

    Lawmakers Introduce Biodiesel Tax Credit Bill

    A bipartisan group of lawmakers on Tuesday announced that they have introduced a piece of legislation to reform the country’s biodiesel tax credit, saying that the bill would help support U.S. products.

  • April 26, 2017

    After Rough Patch, Pa. Firms Bullish On Energy

    Pennsylvania’s initial shale gas boom may be fully in the rear-view mirror, but after new well construction flatlined in 2015, energy lawyers in the state are seeing increased business and expressing renewed optimism — pointing to a surge in the title work that presages drilling and to increased downstream activities.

Expert Analysis

  • The Current State Of Renewable Energy Disputes: Part 1

    Justin Tschoepe

    As any industry grows, those within it are likely to face increased amounts of litigation both with private entities as well as sovereign bodies. In part one of this four-part series, Justin Tschoepe and William Wood of Norton Rose Fulbright US LLP address the most common types of environmental and land-use challenges that are being brought against utility-scale wind and solar projects.

  • NYPSC Shakes Up Net Metering Projects In New York State

    Peter Trimarchi

    The New York Public Service Commission recently issued an order creating a new means of compensating renewable energy projects connected to the state’s electric grid. By replacing the net metering system with a new, more complex scheme for project valuation, the order will quickly change the landscape of renewable energy development and financing in New York, says Peter Trimarchi of Nixon Peabody LLP.

  • The Mediator’s Proposal As A Tool For Litigants

    Dennis Klein

    Mediators’ proposals, which call for an unconditional and confidential acceptance or rejection, are resolving high-value disputes on a regular basis. Dennis Klein of Critical Matter Mediation examines why this is happening and the tactical implications for litigants in anticipating that a mediator’s proposal could resolve litigation.

  • Expectations After The Trump Administration's First 100 Days

    Jim Flood

    In its first 100 days, the Trump administration has had mixed results and may be behind where it wants to be. The biggest threat to President Donald Trump’s domestic policy agenda beyond the first 100 days is the difficulty of reconciling the Freedom Caucus Republicans, moderate Republicans and Democrats, say Jim Flood and Cari Stinebower of Crowell & Moring LLP.

  • The 9-Year Winning Streak Of Virginia ‘Rocket Docket’

    Bob Tata

    Out of 94 district courts, the Eastern District of Virginia has been the fastest civil trial docket in the country for nine straight years. Without micromanaging the process, the EDVA's judges, magistrate judges, and clerks and staff continue to perform at a stunningly efficient level, says Bob Tata of Hunton & Williams LLP.

  • Time For Costs Budgeting In International Arbitration?

    Margarita Nikki Michael

    With the introduction of costs budgeting in the form of Precedent H, English litigation has taken a more cost-conscious approach to the resolution of disputes than its arbitration counterpart. For arbitration users, a Precedent H counterpart does not exist, says Margarita Michael of O’Melveny & Myers LLP.

  • Opinion

    Let's Talk About Half-Hearted Innovation

    Michael Moradzadeh

    Allowing attorneys to telecommute may seem like a great fix for law firms. But without significant changes to the firm's culture, telecommuting is just a patch applied to the problem of attrition, says Michael Moradzadeh, founding partner of Rimon PC.

  • Trump’s Environmental Agenda: The 1st 100 Days

    Brian Israel

    The first 100 days of the Trump administration have been momentous for environmental policy. Brian Israel and Ethan Shenkman of Arnold & Porter Kaye Scholer LLP outline what we know so far about President Donald Trump’s environmental agenda, identify key unknowns, and discuss five major obstacles that Trump will face as he seeks to implement his environmental agenda.

  • Roundup

    Counsel To Counsel: Insights From Law Firm GCs

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    General counsel at four law firms share the biggest issues they face in an increasingly complex legal environment.

  • Monthly Column

    Gray Matters: The Attorney-Client Team

    Robert Creo

    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.