Project Finance

  • 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.

  • March 20, 2018

    Tribe, NRC Spar Over Uranium License Challenge In DC Circ.

    The Oglala Sioux Tribe insisted Tuesday in oral arguments at the D.C. Circuit that a uranium mining license under review by the Nuclear Regulatory Commission also can be challenged at the appeals court because the license remains “effective” and in place during the review.

Expert Analysis

  • Obligors: Beware Of Bond Reissuance Triggers

    Robert Eidnier

    Public finance tax lawyers have begun to see an indirect effect of the Tax Cuts and Jobs Act — the triggering of automatic bank rate adjustments resulting from the drop in the corporate tax rate. Though many banks have been willing to forgo or reduce interest rate increases that would otherwise occur under loan documents, obligors should know that this seeming benefit can have significant tax consequences, says Robert Eidnier of Sq... (continued)

  • Protecting Privilege In Litigation Financing Negotiations

    Eric Robinson

    Multiple courts have held that discoverable material from negotiations with a litigation funder, when executed properly, can be attorney work product and immune from disclosure in the later litigation. The recent Acceleration Bay decision is indicative of what happens when difficult facts conflict with best practices, says Eric Robinson of Stevens & Lee PC.

  • Why Machine Learning Should Matter To Lawyers

    Dan Puterbaugh

    Legal leaders who want to meet their clients' expanding expectations should start moving their documents to future-ready document management solutions now if they want to stay competitive in the next few years, says Dan Puterbaugh of Adobe Systems Inc.

  • Roundup

    EPA In The Trump Era

    EPA In The Trump Era - Thumbnail

    In this series, former EPA general counsels and agency members discuss some of the most significant recent developments at the U.S. Environmental Protection Agency and what they mean for the future of U.S. environmental law.

  • Trump Infrastructure Plan: Perspectives For The P3 Market

    Lance Brasher

    Earlier this month, the Trump administration released its long-awaited infrastructure plan. The plan is generally supportive of public-private partnerships, and includes a number of specific elements that would benefit the U.S. P3 market. But it does not demonstrate where Congress will find the revenues to authorize the planned spending, say Lance Brasher and Joshua Nickerson of Skadden Arps Slate Meagher & Flom LLP.

  • 9th Circ. CWA Decision Could Pose New Compliance Risks

    Bernadette Rappold

    With the Ninth Circuit's recent decision in Hawaii Wildlife Fund v. County of Maui, environmentalists have scored a victory under the Clean Water Act that may cause a widespread re-evaluation of permitting status and engender a wave of citizen suits, says Bernadette Rappold of Greenberg Traurig LLP.

  • Series

    EPA In The Trump Era: Enforcement And Compliance Changes

    Wayne D'Angelo

    The U.S. Environmental Protection Agency’s enforcement machine does not turn on a dime, and a year of enforcement data does not establish a trend. While the first 12 months may not have cemented a new approach to enforcement and compliance, year two is as good a time as any to offer a few first impressions, says Wayne D'Angelo, former director of strategic planning and advance at the EPA and a partner at Kelley Drye & Warren LLP.

  • 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, 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.