Project Finance

  • February 23, 2018

    Perry, Zinke Call For 'Responsible' Energy, Public Land Use

    A pair of Cabinet secretaries who set the nation's energy policy called for "responsible" increases in the use of public lands, as well as changes to the nation's energy policy, saying Friday that the previous administration had stifled innovation and community growth.

  • February 23, 2018

    Top Challenges Facing Amtrak In 2018

    Amtrak is facing growing pressure to improve its spotty performance, justify its national network of routes, and modernize its systems following a string of high-profile derailments and accidents and continuing threats to its budget.

  • February 23, 2018

    Arbitrators Reject $460M Jordan Water Pipeline Row

    The Permanent Court of Arbitration on Thursday rejected Disi Water Co.'s $460 million claim against the nation of Jordan over a deal to construct a massive pipeline to move water to the country's parched capital, instead awarding Jordan damages and legal fees, a government official said.

  • February 23, 2018

    9th Circ. OKs Toss Of Tribal Water Project Row

    The Ninth Circuit on Thursday affirmed a lower court’s dismissal of a suit brought by an organization representing Montana landowners that disputes the U.S. Bureau of Indian Affairs’ control of an irrigation project, agreeing that the court did not have jurisdiction over the matter.

  • February 23, 2018

    Judge Nixes BLM's Delay Of Obama Methane Flaring Rule

    A California federal judge on Thursday lifted the U.S. Bureau of Land Management’s block of an Obama-era rule limiting methane venting and flaring from natural gas wells on public and tribal lands, saying the agency’s rationale isn’t likely to pass muster.

  • February 22, 2018

    Judge Mulls Tossing Extortion Counts Against Ex-Cuomo Aide

    The Manhattan federal judge overseeing Joe Percoco's criminal corruption trial strongly hinted Thursday that she is considering dismissing extortion counts against the former “right-hand man” to New York Gov. Andrew Cuomo accused along with three businessmen in two bribery schemes.

  • February 22, 2018

    NJ Sens. Move Bill To Raise $300M In Nuke Plant Subsidies

    A New Jersey legislative committee on Thursday released a bill that would establish a $300 million nuclear plant subsidy from ratepayers in what advocates say will ensure the viability of two Public Service Enterprise Group Inc. power plants and advance the state’s clean energy goals.

  • February 22, 2018

    Judge Tells Marlins To Cough Up Financial Info On $1.2B Sale

    A Florida judge sided with Miami-Dade County on Thursday in its dispute with the Miami Marlins, ruling that the team breached a 2009 contract for public financing of its stadium and ordering the Marlins to share with the county detailed financial information from their recent $1.2 billion sale.

  • February 22, 2018

    Feds Have To Search For More Keystone Docs, Judge Says

    A Montana federal judge on Wednesday said the federal government must take a look at what documents it has pertaining to the Keystone XL pipeline to see if it has produced everything it is required to for two suits brought by activist groups challenging the pipeline’s revival.

  • February 22, 2018

    7th Circ. Wants US Input On Ill. Nuke Subsidies

    The Seventh Circuit on Wednesday asked the U.S. government to weigh in on whether Illinois' plan to subsidize nuclear power plants usurps federal authority over wholesale electricity markets, a sign that the appeals court is still struggling to decide the issue.

  • February 22, 2018

    Energy Transfer Wants Enviros' Sanctions Bid Quashed

    The Energy Transfer entities that operate the Dakota Access pipeline urged a North Dakota federal court Wednesday not to sanction them over allegations that they didn’t do their homework before suing an environmental group they're accusing of organizing violent protests against the pipeline.

  • February 22, 2018

    The PE Industry's Potential Role In US Infrastructure Plans

    The Trump administration's push for U.S. infrastructure upgrades comes as the private equity industry has raised historic amounts of capital for infrastructure investment, but traditional PE players are likely to focus on areas like renewable energy rather than major bridge, tunnel or road projects, which could present regulatory challenges, among other issues.

  • February 22, 2018

    Partners Group Closes $3.6B Infrastructure Fund

    Global private market investment manager Partners Group has raised $3.6 billion during a private offering that will be invested in renewable energy projects and other infrastructure projects throughout the world, the company said on Thursday.

  • February 21, 2018

    Uncertainty Abounds After DC Circ. Slices EPA Ozone Regs

    The D.C. Circuit’s recent decision scrapping parts of a 2008 U.S. Environmental Protection Agency rule that outlined how geographic areas could meet 2008 ozone standards not only creates uncertainty for cities, counties and businesses, but could force the EPA to overhaul a pending rule meant to aid compliance with newer ozone standards. Here, experts identify three key takeaways from the appellate court’s ruling.

  • February 21, 2018

    10th Circ. Backs Hess, Statoil Wins In Drilling Deals Row

    The Tenth Circuit on Wednesday affirmed the dismissal of a pair of energy companies' breach of contract and tort claims against units of Statoil ASA and Hess Corp. that sought hundreds of millions of dollars in damages over conflicting agreements to drill for oil and gas in North Dakota.

  • February 21, 2018

    Lawmakers Push Senate To Fully Restock Ex-Im Bank's Board

    A bipartisan group of 68 member of Congress on Tuesday signed a letter urging U.S. Senate leaders to quickly move forward on filling four vacant seats on the board of the beleaguered Export-Import Bank so that it can return to full functionality.

  • February 21, 2018

    FERC Wants DC Circ. To Put $3.5B Pipeline Fight On Hold

    The Federal Energy Regulatory Commission asked the D.C. Circuit on Tuesday to put litigation fighting the approval of the $3.5 billion Mountain Valley gas pipeline on hold so that the agency can first consider activists' requests that it revisit the decision.

  • February 21, 2018

    Westinghouse Cleared To Solicit Votes On Ch. 11 Plan

    Westinghouse Electric Co. LLC received approval Wednesday from a New York bankruptcy court to distribute its restructuring plan solicitation materials to creditors, keeping the distressed nuclear technology and contracting giant on track to confirm its plan by the end of March.

  • February 21, 2018

    Weil Seeks To Nip Conflict Concerns In Breitburn Ch. 11 Case

    Weil Gotshal & Manges LLP on Tuesday told a New York bankruptcy court that allegations of conflicts of interest involving the bidding for Breitburn Energy Partners LP’s assets were baseless, saying the deal being offered as evidence was with an entity unrelated to the case.

  • February 21, 2018

    3rd Circ. Ruling Can't Doom Venezuela Case, Oil Giant Says

    ConocoPhillips Co. and subsidiaries of Venezuela's national oil company clashed on Tuesday over the effect of a recent Third Circuit ruling preventing the Delaware subsidiary of Venezuela's national oil company from being sued to collect a $1.39 billion arbitral award, with the parties at odds over whether the decision means their dispute over the country’s seizure of oil project assets must be dismissed or simply restarted. 

Expert Analysis

  • Stakeholders Must Act Now To Nominate Opportunity Zones

    Aileen Thomas

    The Tax Cuts and Jobs Act created a program to direct much needed capital to low income communities by providing significant tax benefits to investors who use qualified opportunity funds. States, which can nominate communities for designation as qualified opportunity zones until March 21, 2018, are seeking input from stakeholders and all need to act quickly, say Jones Walker LLP partners Aileen Thomas and Jonathan Katz.

  • Series

    EPA In The Trump Era: The DOJ's 3rd-Party Payment Policy

    Raymond Ludwiszewski

    The U.S. Department of Justice's 2017 memo ending the previous administration's common practice of paying various nongovernmental, third parties as a condition of settlement with the U.S. is an important change of course that will meaningfully impact the contours of future judicial civil consent judgments with the U.S. Environmental Protection Agency, says Raymond Ludwiszewski, former EPA general counsel and partner at Gibson Dunn & Crutcher LLP.

  • Series

    EPA In The Trump Era: Settling Mandatory Duty Lawsuits

    Avi Garbow

    The U.S. Environmental Protection Agency’s 2017 "sue and settle” directive embraces a nascent process to post online notices of intent to sue, complaints and petitions for review. For some this is sufficient for planning purposes and strategic undertakings, but for others it provides interesting opportunities, says Avi Garbow, former EPA general counsel and partner at Gibson Dunn & Crutcher LLP.

  • Series

    EPA In The Trump Era: The Superfund Enforcement Initiative

    Donald Elliott

    When it comes to climate change, the U.S. Environmental Protection Agency under Administrator Scott Pruitt is undeniably less aggressive than under its immediate predecessor. However, for the current EPA, one area that sharply conflicts with this pattern is Superfund, says Donald Elliott, former EPA general counsel and chairman of the environmental practice group at Covington & Burling LLP.

  • Series

    EPA In The Trump Era: Making Sense Of Waters Of The US

    Larry Jensen

    In one of his first official acts, President Donald Trump ordered the U.S. Environmental Protection Agency to rescind and replace the Obama administration's Clean Water Rule. Regardless of the outcome of Trump’s effort, the controversy over the meaning of the phrase “waters of the United States” is likely to continue for many years, says Larry Jensen, former EPA general counsel and shareholder at Brownstein Hyatt Farber Schreck LLP.

  • How Emerging Sources Of ESI Will Impact Discovery

    Charles McGee

    Late last year, the Sedona Conference released the third edition of its principles addressing electronic document production, updated to account for innovations like Snapchat and Twitter. It may be necessary for these principles to be updated more often in order to keep pace with technology, says Charles McGee III of Murphy & McGonigle LLP.

  • Put The Brakes On Acceleration Bay Litigation Funder Ruling

    David Gallagher

    Last week, the District of Delaware raised eyebrows by ruling that documents provided to a litigation funder and its counsel in connection with their due diligence are categorically not attorney work product. Acceleration Bay v. Activision Blizzard seems to be a case of bad facts making bad law, says David Gallagher, investment manager and legal counsel for Bentham IMF.

  • Considerations For Attorneys Using Artificial Intelligence

    Ben Allgrove

    Artificial intelligence tools can empower attorneys to work more efficiently, deepen and broaden their areas of expertise, and provide increased value to clients, which in turn can improve legal transparency, dispute resolution and access to justice. But there are some common pitfalls already apparent in the legal industry, say Ben Allgrove and Yoon Chae of Baker McKenzie.

  • Meditate On The Clause

    Ambassador David Huebner

    I have often suggested at arbitration conferences that the writing of any more articles on how to draft an arbitration clause should be outlawed. Yet, as an arbitrator, I continue to encounter cases in which inartfully drafted dispute resolution clauses cause confusion. At the risk of contributing to the scourge of online clutter, I will share a few brief thoughts on clause misfires, says David Huebner, a JAMS panelist and former U... (continued)

  • Series

    Judging A Book: Duncan Reviews 'Justice And Empathy'

    Judge Allyson Duncan

    In "Justice and Empathy: Toward a Constitutional Ideal," the late Yale Law School professor Robert Burt makes a compelling case for the undeniable role of the courts in protecting the vulnerable and oppressed​. But the question of how the judiciary might conform to Burt’s expectations raises practical problems​, says U.S. Circuit Judge Allyson Duncan of the Fourth Circuit. ​