Project Finance

  • December 12, 2017

    Engineering Co. Blasts Tanzania's Bid To Nix $41M Road Suit

    An English civil engineering company Monday urged a D.C. federal court not to dismiss its $41.4 million suit seeking to enforce two foreign judgments against Tanzania over a road rehabilitation project, fighting the country’s claim of sovereign immunity.

  • December 12, 2017

    DOT Escapes Enviro Suit Over Review Of Oil Spill Plans

    A Michigan federal judge on Tuesday granted a quick win to the U.S. Department of Transportation in a suit accusing it of shirking its responsibilities to review spill response plans for certain oil facilities, agreeing with the agency that the environmental group that brought the suit didn’t have standing.

  • December 12, 2017

    Senate Dems Protest Energy Tax Provisions In Reform Bill

    A group of Senate Democrats on Tuesday denounced Republican tax reform legislation for removing incentives for renewable energy such as wind and solar while propping up the fossil fuel industry.

  • December 12, 2017

    Enviros Ask DC Circ. To Rehear EPA Highway Pollution Case

    The Sierra Club and three Denver-area community groups have asked for an en banc rehearing of their challenge of allegedly weakened federal guidance for air pollution tests on planned highway projects, saying a D.C. Circuit panel’s decision tossing the case for lack of standing conflicts with D.C. Circuit precedent.

  • December 12, 2017

    Uranium Mine Near Grand Canyon Can Stay, 9th Circ. Rules

    The Ninth Circuit on Tuesday backed a lower court’s decision rejecting challenges from a Native American tribe and environmental groups mounted against a uranium mining project near the Grand Canyon, the same day the court upheld a ban on new mining claims in the area.

  • December 12, 2017

    Pa. State Sen. Seeks To Increase Pipeline Safety

    A Pennsylvania state senator said Monday that he plans to introduce legislation to improve oil and gas pipeline safety in the wake of the damage to water sources from Sunoco Pipeline’s work on its controversial Mariner East 2 project.

  • December 12, 2017

    Calif., NM Urge Judge To Nix Challenges To BLM Flaring Rule

    California and New Mexico on Monday urged a Wyoming federal judge to deny a bid by several other states and industry groups to undo the U.S. Bureau of Land Management’s rule aimed at limiting the release of methane from drilling operations on federal and Native American lands.

  • December 12, 2017

    AGL Fights Redo Bid On $7.4M Pipeline Row Jury Award

    AGL Services Co. urged an Atlanta federal court on Monday not to disturb a $7.37 million verdict against gas pipeline contractor Mistras Group Inc., saying expert testimony was properly barred in the contract dispute and that a jury agreed with AGL that no necessary damage-mitigation measures went ignored.

  • December 12, 2017

    Senate Dems Lob Plagiarism Charge At Trump Enviro Pick

    Senate Democrats on Tuesday accused President Donald Trump's controversial pick to lead the White House's Council on Environmental Quality of plagiarism, saying several written responses to their questions were directly lifted from answers previously given by Environmental Protection Agency Administrator Scott Pruitt and EPA Assistant Administrator Bill Wehrum.

  • December 11, 2017

    Has Litigation Finance Shed Its Stigma?

    Once a taboo topic in the halls of BigLaw, litigation finance is winning over converts. And the peer pressure is building for rival law firms to join the bandwagon.

  • December 11, 2017

    Why Investors Are Taking The Leap To 3rd-Party Funding

    They often don’t know exactly what they’re buying, and there’s an ever-present chance they could come up empty in a given case. Here’s why investors are flocking to litigation finance anyway.

  • December 11, 2017

    What Your Colleagues Think Of Litigation Finance

    We asked, and you answered. Here are the results of Law360’s inaugural survey on third-party legal funding.

  • December 11, 2017

    Sinking Kids’ Climate Suit Would ‘Flood’ 9th Circ., Judge Says

    The Ninth Circuit’s chief judge said Monday the court would be “absolutely flooded with appeals” if it sided with the U.S. Department of Justice and reversed an Oregon federal judge's ruling that gave 21 children a green light to sue the executive branch for allegedly endangering them and future generations with policies that contribute to climate change.

  • December 11, 2017

    High Court Won’t Hear DTE Energy Emissions Case Appeal

    The Supreme Court on Monday declined to take DTE Energy Co.’s appeal of a Sixth Circuit decision that allowed suits brought by the government and an environmental group accusing the company of improperly modifying a major coal-fired power plant to proceed.

  • December 11, 2017

    FERC Nixes PJM Rate Plan After DC Circ. Rejects Changes

    The Federal Energy Regulatory Commission on Friday threw out an electric rate scheme proposed by PJM Interconnection that it called unjust and unreasonable, five months after the D.C. Circuit said FERC overstepped its authority when it made changes to PJM's proposal.

  • December 11, 2017

    9th Circ. Tosses Challenges To Ariz. Highway Project

    The Ninth Circuit concluded Friday that the Federal Highway Administration and the Arizona Department of Transportation conducted proper environmental reviews before greenlighting a Phoenix-area road project, rejecting challenges raised by environmentalists and a tribe.

  • December 11, 2017

    Detroit Residents Fire Back At Sanctions Bid In Arena Suit

    Michigan residents looking to block $56.5 million in tax dollars from funding the NBA's Detroit Pistons' relocation to a new arena fired back at an "unethical" bid to sanction and compel a deposition that the residents claim has already been agreed upon.

  • December 11, 2017

    DC Circ. Urged To Affirm FERC Has No Pro-Pipeline Bias

    The developers of the PennEast pipeline on Friday urged the D.C. Circuit to affirm that the Federal Energy Regulatory Commission's natural gas pipeline process isn't unconstitutionally biased in favor of industry, saying to accept an environmental group's argument otherwise would contradict a century's worth of due process legal theory.

  • December 11, 2017

    Private Equity Powered Energy M&A In 2017

    Energy dealmaking in 2017 saw private equity firms continue to shower the oil and gas industry with cash, while a pair of power sector megadeals highlighted the hazy future facing independent power producers. Here are five mergers and acquisitions trends that stood out to energy attorneys this year.

  • December 8, 2017

    The Law Firms Of The 2017 MVPs

    Law360's MVP award goes to attorneys who have distinguished themselves from their peers in litigation, deals and other complex matters. Find the MVPs at your firm here.

Expert Analysis

  • 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.

  • Series

    40 Years Of FCPA: The Rise In International Enforcement

    Scarboro.jpg

    The 2008 Siemens matter — then the largest sanction ever imposed in a Foreign Corrupt Practices Act enforcement action — set the stage for future cross-collaboration in global anti-corruption enforcement, say Cheryl Scarboro, former chief of the FCPA Unit at the U.S. Securities and Exchange Commission, and Diana Wielocha of Simpson Thacher & Bartlett LLP.

  • New Burma Act Would Hinder US Investment In Myanmar

    Geoffrey Atkins

    Some experts estimate that the Burmese military controls up to 50 percent of the country’s economy, and that an additional 20 percent is controlled by individuals and entities targeted under separate sanctions programs. As a practical matter, enactment of the Burma Act of 2017 would mean that a significant portion of Myanmar's economy would be off-limits to U.S. investors, say members of Ropes & Gray LLP.

  • Series

    40 Years Of FCPA: Highlights From The 1st Corporate Trial

    Robert Feldman

    The Foreign Corrupt Practices Act case of U.S. v. Harris Corp. was tried in March 1991 — so long ago that pretty much only the parties and counsel remember it. With a smile, I’ve just about given up correcting people who say their case is "the only FCPA case ever to be tried,” says Robert Feldman of Quinn Emanuel Urquhart & Sullivan LLP.

  • Series

    40 Years Of FCPA: The Strange Case That Started It All

    Burton Wiand

    At the U.S. Securities and Exchange Commission in April 1978, we filed a case against Page Airways and envisioned the trial of a precedent-setting enforcement action that would have defined Foreign Corrupt Practices Act standards at an early stage. Instead, the matter was settled under circumstances that I am sure are unique in SEC history, says Burton Wiand of Wiand Guerra King PA.

  • Opinion

    We Need A Green Amendment

    Maya van Rossum

    Instead of pleading with lawmakers to do the right thing, constitutional amendments would elevate environmental rights to the status of our most cherished liberties, says Maya van Rossum, leader of the Delaware Riverkeeper Network and director of the Environmental Law Clinic at Temple’s Beasley School of Law.

  • FERC Passive Interest Order May Streamline Approvals

    Seth Lucia

    The Federal Energy Regulatory Commission recently clarified that it will not treat certain passive tax equity interests in public utilities as voting securities that require transaction approval pursuant to the Federal Power Act. But firms may continue to file for approval out of an abundance of caution, say attorneys with Bracewell LLP.