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Project Finance

  • December 17, 2018

    2nd Circ. Affirms Safeco's Win In Corps Project Row

    The Second Circuit held that a lower court was right in concluding that Safeco Insurance Co. of America is entitled to indemnification from a construction contractor for losses suffered under bonds issued for Army Corps of Engineers projects, finding no merit to claims that the insurer flouted its contractual obligations or acted in bad faith.

  • December 17, 2018

    Spain Says €128M Award Over Subsidies Can't Be Enforced

    Spain has urged a D.C. federal court to toss a suit seeking to enforce a €128 million ($145.2 million) arbitral award issued to international investors following a dispute with the country over renewable energy subsidies, arguing the proceeding is barred because there is no valid arbitration agreement.

  • December 17, 2018

    Port Authority Hit With Tax Suit Over Parking Permits

    The Port Authority of New York & New Jersey has been forcing private parking garages at area airports into permit contracts the garage owners say amount to illegal taxation and anti-competitive business practices, according to a suit filed Friday in New York federal court.

  • December 17, 2018

    Feds Win Toss Of Enviros' Suit Over Army Corps' Mine Permit

    An Alabama federal court rejected every assertion made by a pair of environmental groups who opposed a U.S. Army Corps of Engineers-issued Clean Water Act permit for a coal mine over its alleged potential to harm endangered species, deciding that the government properly considered the project’s risks.

  • December 17, 2018

    GE Says US Is No Place For Fukushima Meltdown Suit

    General Electric Co. told a federal judge Monday that a proposed class action brought by as many as 150,000 Japanese residents and businesses impacted by the 2011 nuclear plant meltdown in Fukushima can and should be handled in Japan, not on the other side of the world in Massachusetts.

  • December 17, 2018

    MVP: Bracewell's Ron I. Erlichman

    Ron I. Erlichman of Bracewell LLP helped close on the financing and equity arrangements for a $1.3 billion Ohio natural gas electric generation project this year, earning him a spot among Law360’s 2018 Project Finance MVPs.

  • December 17, 2018

    ABB Readies Sale Of $11B Power Grids Biz To Japan's Hitachi

    Switzerland-based ABB Ltd. said Monday it will sell the majority of its power grids business to Japan's Hitachi Ltd. in a divestiture that values the unit at $11 billion, after confirming last week that the pair were negotiating a deal.

  • December 15, 2018

    Interior Head Zinke Exits Amid Ethics Investigations

    U.S. Department of the Interior head Ryan Zinke has resigned from the agency amid several ethics investigations, leaving a legacy of support for increased domestic energy production and greater access to federal lands for industry and hunters, along with big rollbacks of environmental and endangered species protections.

  • December 14, 2018

    PennEast Can Take NJ Land For $1B Pipeline, Judge Says

    A New Jersey federal judge said Friday that developers of the $1 billion PennEast gas pipeline can immediately seize over 100 Garden State properties along the project's route, saying they've satisfied the requirements for pursuing eminent domain under the Natural Gas Act.

  • December 14, 2018

    JFK Ground Handling Co. Settles Kickback Claims for $12.3M

    A ground services company at John F. Kennedy International Airport has agreed to pay $12.3 million to settle claims it paid kickbacks for contracts with British Airways and others at Kennedy and airports across the country, according to the New York State Attorney General’s Office.

  • December 14, 2018

    Naftogaz Can Get BNY Mellon Info For $2.56B Award Suits

    A New York federal judge has signed off on a request by Ukraine's Naftogaz to seek information from the Bank of New York Mellon that the national oil and gas company said it needs for pending and planned proceedings regarding a $2.56 billion arbitral award against Russia's Gazprom stemming from a contract dispute.

  • December 14, 2018

    Feds Reap Record $405M For Mass. Offshore Wind Leases

    Three offshore wind developers ponied up a record $405 million to secure federal leases to build wind farms off the Massachusetts coast, the U.S. Department of the Interior said Friday, a development that validates project attorneys' belief that the industry is poised for a major leap forward.  

  • December 14, 2018

    MVP: Kaplan Kirsch's Adam Giuliano

    Kaplan Kirsch & Rockwell LLP partner Adam Giuliano steered Colorado’s transportation authority to the speedy closing of a $1.2 billion deal to revamp a Denver highway and is leading Chicago through a one-of-a-kind project funded by Elon Musk’s company for ultra-modern airport transit, earning him a spot among Law360’s 2018 Project Finance MVPs.

  • December 13, 2018

    Hunters Back Monument Cuts Opposed By Enviros, Tribes

    Several hunting groups have urged a D.C. federal court to toss suits by environmental groups and Native American tribes challenging President Donald Trump’s decision to shrink the Bears Ears and Grand Staircase-Escalante national monuments, saying the litigation is trying to turn the monuments into "de facto national parks.”

  • December 13, 2018

    Pipeline Challenge Is Valid, Enviros Tell DC Circ. Judges

    An environmental group tried to convince skeptical D.C. Circuit judges on Thursday that it hadn't blown its chance to challenge the Federal Energy Regulatory Commission's approval of a Kinder Morgan unit's $144 million Pennsylvania pipeline project, arguing it didn't have a fair chance to comment on a potential alternative.

  • December 13, 2018

    8th Circ. Won't Revive ND Landowners' Pipeline Fraud Suit

    The Eighth Circuit on Thursday upheld a district court’s decision to toss a suit by North Dakota landowners claiming Dakota Access LLC made misrepresentations to them while negotiating easements for its pipeline, agreeing with the lower court that the landowners hadn’t met the heightened pleading standard for fraud claims.

  • December 13, 2018

    4th Circ. Axes Pipeline Permits, Says Trees Lacked Protector

    The Fourth Circuit on Thursday rejected U.S. Forest Service authorizations for the $5 billion Atlantic Coast gas pipeline to cross national forests, saying the agency's violations of federal environmental and forest management laws would disappoint even The Lorax, Dr. Seuss' famed protector of trees.

  • December 13, 2018

    Engineering Firm Hit With $21M Suit Over Terminal Project

    A company formed as a partnership between Kinder Morgan Energy Partners LP and Watco Companies LLC to get into the crude shipping business has filed a lawsuit in Texas state court, seeking more than $21 million in damages stemming from the allegedly faulty design and construction of a crude-by-rail terminal.

  • December 13, 2018

    Total Cuts $1.6B From Stake In Australian LNG Project

    Total SA will trim its holdings in an Australian liquefied natural gas project in a $1.6 billion deal, after the project ran into costly delays, the French energy giant said Thursday.

  • December 13, 2018

    Pipeline Operator Gets Remaining Land For $220M Project

    An Illinois federal court on Wednesday granted a preliminary injunction to Spire STL Pipeline LLC that gives the company immediate possession of the remaining parcels of land needed to begin construction of a $220 million, 65-mile natural gas pipeline for the St. Louis market.

Expert Analysis

  • Spotlight On Produced Water Management Options Intensifies

    Lydia González Gromatzky

    With various areas of the country experiencing water scarcity concerns or limitations on injection capacity, stakeholders have expressed interest in not only expanding produced water management options, but also allowing produced water to be returned to the hydrologic cycle, says Lydia González Gromatzky of Hunton Andrews Kurth LLP.

  • Series

    Judging A Book: Mills Reviews 'Mississippi's Federal Courts'

    Judge Michael Mills

    ​​David M. Hargrove's​ new book​,​ "Mississippi’s Federal Courts: A History," is a remarkably candid portrait of the characters and courts serving the state's federal judiciary from 1798 on, and contributes new scholarship on how judges were nominated during the civil rights era, says U.S. District Judge Michael Mills of the Northern District of Mississippi.

  • The New Water Rule And Its Potential Ripple Effect

    Christopher Thomas

    If the Trump administration's proposal to dramatically reduce the number of U.S. waterways subject to Clean Water Act jurisdiction ultimately carries the day it will have a host of cascading consequences, say Christopher Thomas and Andrea Driggs of Perkins Coie LLP.

  • Guest Feature

    The Subtle Art Of Fred Fielding

    Fred Fielding

    He was White House counsel to two presidents. When Reagan was shot, he explained the chain of command to a four-star general. And until a few years ago, many people still thought he was Deep Throat during the Watergate scandal. Fred Fielding of Morgan Lewis & Bockius may be the quintessential Washington insider. White and Williams attorney Randy Maniloff learned more.

  • 10 Tips For Law Firms To Drive Revenue Via Sports Tickets

    Matthew Prinn

    Many law firms have tickets or luxury suites at sporting events to host clients and prospects. Matthew Prinn of RFP Advisory Group and Matt Ansis of TicketManager discuss some of the ways that firms can use those tickets effectively.

  • Inside Key ABA Guidance On Attorneys' Cybersecurity Duties

    Joshua Bevitz

    A recent opinion from the American Bar Association provides useful guidance on attorneys’ obligations to guard against cyberattacks, protect electronic client information and respond if an attack occurs, says Joshua Bevitz of Newmeyer & Dillion LLP.

  • Opening Comments: A Key Strategic Decision In Mediation

    Jann Johnson

    Opening comments by parties in mediation that are made with the proper content and tone can diffuse pent-up emotion and pave the way for a successful resolution. But an opening presentation can do more harm than good if delivered the wrong way, say Jann Johnson and William Haddad of ADR Systems LLC.

  • How To Help Realize A Tax Equity Market For Carbon Capture

    Hunter Johnston

    In February, Congress amended Internal Revenue Code Section 45Q, creating a tax equity market that supports investment in carbon capture and storage projects. Additional guidance, like that proposed by the Carbon Capture Coalition, is needed in a number of key subject areas to unlock this market, says Hunter Johnston of Steptoe & Johnson LLP.

  • Transportation And Infrastructure — The Road Ahead: Part 2

    Carolina Mederos

    The chances that major transportation and infrastructure legislation may be passed have increased with the election of a House Democratic majority, and efforts to streamline permitting and regulation by federal agencies may further advance the prospects of significant infrastructure development, say attorneys with Squire Patton Boggs LLP.

  • Series

    Judging A Book: Ginsburg Reviews 'The Curse Of Bigness'

    Judge Douglas Ginsburg

    When reading Tim Wu’s new book, "The Curse of Bigness: Antitrust in the New Gilded Age," lawyers, economists and historians will find its broad brush maddening, and the generalist reader will simply be misled, says D.C. Circuit Judge Douglas Ginsburg.