Project Finance

  • March 22, 2018

    Infrastructure Order Divides But Passes At FCC Meeting

    The Federal Communications Commission’s Republican majority voted Thursday to approve new rules exempting small cell fixtures from certain environmental and historic reviews, over objections by the agency’s two Democrats that the move “runs roughshod” over tribes and natural areas.

  • March 22, 2018

    In Rebuke To Trump, Spending Bill Boosts DOE Funding

    Congress answered the Trump administration's proposed cuts to the U.S. Department of Energy's research and development programs with funding boosts in its $1.3 trillion omnibus spending bill, a sign of the bipartisan popularity of the DOE's cash that flows to lawmakers' states and congressional districts.

  • March 22, 2018

    Infrastructure Gets $21B Boost In House Spending Package

    The House approved a $1.3 trillion six-month omnibus spending package Thursday that would invest an additional $21.2 billion on rebuilding infrastructure nationwide, including transportation, energy, water and cybersecurity projects, and reauthorize the Federal Aviation Administration through September.

  • March 22, 2018

    EPA Escapes Relatively Unscathed In Spending Bill

    The $1.3 trillion spending bill passed by the House on Thursday rejected the Trump administration’s call for dramatic cuts to the U.S. Environmental Protection Agency’s 2018 budget, maintaining it at the current $8 billion and shifting money around to provide more for water projects and Superfund cleanups.

  • March 22, 2018

    Enviros Fight Consol’s Expanded Coal Mining Under Pa. Park

    Two environmental groups on Wednesday challenged Consol Energy Inc.'s latest bid to expand the largest underground coal mining operation in North America, asking the Pennsylvania Environmental Hearing Board to cancel a permit issued earlier this month by the state’s Department of Environmental Protection.

  • March 21, 2018

    IHeartMedia Legacy Noteholders Sue Over Ch. 11 Debt Plan

    A group of debtholders have hit iHeart Media Inc. with an adversary proceeding in the media giant’s bankruptcy case, alleging the company has orchestrated a secret, “fraudulent and otherwise wrongful” scheme to shortchange them in its proposed restructuring plan.

  • March 21, 2018

    ENGlobal Plant Contract Row Must Be Nixed, Judge Told

    Native American Services Corp. urged a Texas federal court on Tuesday to toss a breach of contract claim brought against it by ENGlobal US Inc., saying the firm hasn’t shown it is entitled to damages for allegedly not being fully paid for work under a consulting and engineering contract for a biomass power plant project in the United Kingdom.

  • March 21, 2018

    Enviros Sue FWS For Records On Mine's Impact On Crayfish

    The Center for Biological Diversity on Wednesday filed suit against the U.S. Fish and Wildlife Service in West Virginia federal court, alleging that two information requests it submitted last year concerning a mine and protected crayfish were ignored and asking for the court to force the agency to turn over the information.

  • March 21, 2018

    Weil Reasserts Distance From Debt Holder In Breitburn Ch. 11

    Weil Gotshal & Manges LLP on Tuesday sought to reassure a New York bankruptcy court that the firm has no conflicts of interest as counsel for Chapter 11 debtor Breitburn Energy Partners LP and that its representation of a party affiliated with a large creditor is unrelated.

  • March 21, 2018

    Chevron Concedes Climate Change, But Not Blame In SF Suit

    The California federal judge overseeing allegations that oil companies are liable for San Francisco and Oakland’s global warming-related infrastructure costs heard a five-hour tutorial on climate science Wednesday, with both sides agreeing human activity contributes to global warming, while an attorney for Chevron said a handful of companies shouldn’t take the heat.

  • March 21, 2018

    Study FCC 5G Infrastructure Plan's Tribal Impact: Commish

    Thursday's anticipated FCC vote to streamline 5G infrastructure deployment should be delayed until the agency can further assess how the proposal might hurt tribal lands and the environment, Commissioner Mignon Clyburn said Wednesday afternoon.

  • March 21, 2018

    5th Circ. Affirms Corps' Win In Mitigation Credits Suit

    The Fifth Circuit on Tuesday upheld the dismissal of an environmental restoration company’s lawsuit alleging the U.S. Army Corps of Engineers illegally planned its own rehabilitation project instead of buying mitigation credits from the company.

  • March 21, 2018

    PES Ch. 11 Plan Hit With Objections From US Gov't

    The federal government objected late Tuesday in Delaware to the proposed Chapter 11 plan of refinery operator PES Holdings LLC, saying the plan cannot be confirmed for numerous reasons related to its treatment of creditors and the lack of information about claims against the debtor.

  • March 21, 2018

    Investors Get $6M Award Confirmed In Ky. Mine Dispute

    Canadian investors who say they were duped into funding a sham coal mining operation have had a $6 million arbitral award against the project operator confirmed, with a Kentucky federal judge ruling Tuesday that the challenge to the award came too late.

  • March 21, 2018

    SEC Defends Fraud Suit Against Rio Tinto, Former Execs

    The U.S. Securities and Exchange Commission has asked a Manhattan federal judge to keep its fraud suit against mining giant Rio Tinto and two former executives alive, saying they filed evidence the court can’t consider and invoked “far-fetched” and “absurd” arguments in their effort to have the suit dismissed.

  • March 21, 2018

    Conn. Man Must Pay $1.2M Over Stadium Fraud Scheme

    A Connecticut man has been ordered to pay more than $1.2 million in restitution after he was slapped with six months in prison last month for his role in a scheme to overbill the city of Hartford for the construction of a new professional soccer stadium.

  • March 21, 2018

    ExxonMobil Says It Doesn't Belong In Investors' $73M Oil Row

    ExxonMobil Corp. asked a Texas federal judge on Tuesday for help staying out of arbitration proceedings launched by investors who dumped $73.2 million into a Singaporean company's botched oil exploration project in Papua New Guinea, telling the court it passed any liability on to a Canadian affiliate.

  • March 20, 2018

    Commerce Readies Tariffs On Steel Wire Rod From 5 Allies

    The U.S. Department of Commerce teed up new duties on imports of steel wire rod from five close allies Tuesday after finding they had benefited from unfair trade and pricing tactics, wrapping up one of the largest trade remedy probes in recent memory.

  • March 20, 2018

    Big Oil Says Courts Are No Place For Climate Change Fight

    BP, Chevron, ConocoPhillips, Exxon and Royal Dutch Shell on Tuesday urged a California federal judge to nix Oakland's and San Francisco's suits to hold the oil giants liable for climate change-related infrastructure damage, saying climate change is not an issue that belongs in a courtroom.

  • March 20, 2018

    Power Groups Press FERC To Revise Energy Storage Rule

    Several utility and transmission groups on Monday asked the Federal Energy Regulatory Commission to reconsider a rule it finalized last month that removes barriers for energy storage providers to participate in regional wholesale energy markets, saying it infringes on state authority.

Expert Analysis

  • Series

    40 Years Of FCPA: Compliance, Past And Future

    Hui Chen

    More than any other statute, the Foreign Corrupt Practices Act has fueled the growth of the compliance industry. While the expansion of corporate compliance is a positive development, the fear-driven and FCPA-centric approach has also produced unfortunate consequences, says ethics consultant Hui Chen, who served as the U.S. Department of Justice's first-ever compliance counsel.

  • Series

    40 Years Of FCPA: Cross-Border Efforts And Growing Risk

    Patrick Stokes

    The U.S. agencies’ increasing coordination with their foreign partners has led to more potent Foreign Corrupt Practices Act investigations — in terms of both their scope and settlement cost, say Patrick Stokes, former chief of the FCPA Unit at the U.S. Department of Justice, and Zachariah Lloyd of Gibson Dunn & Crutcher LLP.

  • Series

    Judging A Book: Cooke Reviews 'Constance Baker Motley'

    Judge Marcia Cooke

    Gary Ford's new book, "Constance Baker Motley: One Woman’s Fight for Civil Rights and Equal Justice Under Law," is more than a biography of the first African-American woman to become a federal judge. It presents in vivid detail how her work altered the legal landscape of the United States, says U.S. District Judge Marcia Cooke of the Southern District of Florida.

  • Keeping Your Law Library Relevant In The Age Of Google

    Donna Terjesen

    Google’s status as a go-to research tool has transformed legal research habits, leading critics to view law libraries as cost centers. Law firms should embrace Google-style research tools and manage costs efficiently in order to position their libraries as valuable assets for years to come, says Donna Terjesen of HBR Consulting.

  • 6 Things You Need To Know About Millennial Jurors

    Zachary Martin

    Millennials are now the largest living generation and comprise one-third of jurors. While it is impossible to generalize a group so large and diverse, trial lawyers should be mindful of certain generational differences, say baby boomer Lee Hollis and millennial Zachary Martin of Lightfoot Franklin & White LLC.

  • Series

    40 Years Of FCPA: A View From The Monitorship Trenches

    Gil Soffer

    There have been many articles on the corporate monitor selection process, but you will find little guidance on how to prepare yourself for a job that has few parallels. There are three key lessons I have learned over the course of a Foreign Corrupt Practices Act monitorship still in progress, says Gil Soffer of Katten Muchin Rosenman LLP.

  • A Look Back At 2017's Enviro And Energy Law Developments

    Stacey Mitchell

    2017 has been a year of dramatic shift in United States energy and environmental policy. As the year draws to a close, it’s an apt time to review the key steps taken to achieve President Donald Trump’s campaign goals, assess the impacts of the administration’s actions, and postulate on what may be coming next, say Stacey Mitchell and Kenneth Markowitz of Akin Gump Strauss Hauer & Feld LLP.

  • Series

    40 Years Of FCPA: The Untold Story Of The Resource Guide

    Charles Duross

    Much has been written about the 2012 "Resource Guide to the U.S. Foreign Corrupt Practices Act," but no one has talked about the behind-the-scenes work that produced the guide — until now, say Charles Duross, former chief of the FCPA Unit at the U.S. Department of Justice, and Kara Novaco Brockmeyer, former chief of the FCPA Unit at the U.S. Securities and Exchange Commission.

  • Series

    40 Years Of FCPA: A Journey From Conviction To Dismissal

    Janet Levine

    The twist in the Lindsey Manufacturing Foreign Corrupt Practices Act case was the truncated time in which we prepared. Having refused to waive their rights to a speedy trial, our clients took control of the case — this, along with the compressed time frame, forced the government to make errors, say Janet Levine, Sima Namiri-Kalantari and Megan Weisgerber of Crowell & Moring LLP.

  • Series

    40 Years Of FCPA: The Siemens Lesson — Tillerson Is Right

    solmssen.jpg

    Since its whopping $800 million Foreign Corrupt Practices Act settlement in 2008, Siemens cleaned up — and it has “cleaned up” in its long-standing competition with General Electric. How? As Secretary of State Rex Tillerson reportedly told President Donald Trump, you don’t need to pay bribes to succeed in international business, says Peter Y. Solmssen, former general counsel of Siemens.