Project Finance

  • March 15, 2018

    Blank Rome Nabs Finance, RE Attys From Herrick Feinstein

    Blank Rome LLP has brought on board two New York-based partners from Herrick Feinstein LLP with significant experience handling corporate, finance and real estate matters, the firm announced Thursday.

  • March 15, 2018

    FERC Won’t Let Pipeline MLPs Recoup Tax Allowances

    The Federal Energy Regulatory Commission will no longer permit master limited partnership interstate natural gas and oil pipelines to recoup an income tax allowance in cost-of-service rates, the agency said Thursday in response to a federal appeals court remand.

  • March 15, 2018

    Glassmaker Looks To Save $1B Venezuela Expropriation Claim

    A U.S. glassmaker has asked an International Centre for the Settlement of Investment Disputes tribunal to revive its $1.03 billion claim against Venezuela for expropriating investments in two glass manufacturing plants, arguing the decision to nix the company's claims is an assault on the very integrity of ICSID. 

  • March 15, 2018

    FERC Reapproves Fla. Pipeline Amid Split Over GHG Review

    A divided Federal Energy Regulatory Commission reauthorized the $3.5 billion Southeast Markets natural gas pipeline to Florida, with the agency's two Democratic commissioners saying FERC failed to adequately analyze the project's greenhouse gas emissions impacts as required by the D.C. Circuit when it nixed the agency's original approval.

  • March 14, 2018

    Venezuela's Oil Co. Can't Copy Bribery Defendants' Docs

    The Florida federal judge overseeing Venezuela’s state-owned oil company PDVSA’s suit over an alleged bribery scheme said Wednesday he would modify a temporary restraining order to prohibit all defendants from destroying any records related to business with it, but stopped short of granting the oil company’s request to immediately access defendants’ servers and documents.

  • March 14, 2018

    Pipeline Cos. Seek ExGen Texas Ch. 11 Financial Assurance

    Two Texas pipeline companies objected Wednesday to confirmation of ExGen Texas Power LLC’s Chapter 11, citing concerns about the creditworthiness of unnamed replacement guarantors for their long-term agreements to fuel four of ExGen’s power plants.

  • March 14, 2018

    EU Trade Boss Expects Tariff Exemption Details 'Very Soon'

    The European Union’s top trade official said Wednesday that she still does not know how foreign governments can earn exemptions from the forthcoming U.S. tariffs on steel and aluminum, but expects the Trump administration to come forward with those details “very soon.”

  • March 14, 2018

    4 Takeaways From EPA's New Source Review Guidance

    The U.S. Environmental Protection Agency’s decision Tuesday to change the permitting process for proposed projects that emit air pollutants will simplify the system and make it easier for some projects to be approved, while creating a new legal target for environmental groups, experts say. Here are four takeaways from the EPA’s New Source Review memorandum.

  • March 14, 2018

    Senators Grill Cabinet Chiefs On Infrastructure Funds

    The U.S. secretaries of transportation, commerce, labor, energy and agriculture before a Senate panel on Wednesday defended President Donald Trump’s proposal to streamline environmental reviews and spur state and local governments to invest more in infrastructure, even as lawmakers remained skeptical of the feasibility of paying for the plan.

  • March 14, 2018

    EPA Appeals Board Upholds Los Alamos Wastewater Permit

    The U.S. Environmental Protection Agency’s Environmental Appeals Board on Wednesday rejected a New Mexico anti-nuclear group’s bid to nix part of a wastewater discharge permit for Los Alamos National Laboratory, saying the group failed to prove the EPA shouldn't have renewed that portion of the permit.

  • March 14, 2018

    Ex-Norton Rose Project Finance Partner Joins Kirkland

    Kirkland & Ellis LLP has hired a former Norton Rose Fulbright project finance attorney, who helped lenders negotiate $1 billion in financing for a liquefied natural gas terminal and power plant in Panama, to join the firm’s Washington, D.C., office.

  • March 14, 2018

    W.Va. Regulators Halt $4.2B ETP Pipeline Work Over Pollution

    West Virginia environmental regulators have blocked construction of a portion of Energy Transfer Partners LP's $4.2 billion Rover natural gas pipeline for violations of its water pollution control permit, the latest black eye for a project previously dinged by Ohio environmental regulators and the Federal Energy Regulatory Commission.

  • March 14, 2018

    EPA Floats Guide To Expanded TSCA Confidential Info Access

    The U.S. Environmental Protection Agency on Tuesday unveiled draft guidance that allows state, local and tribal governments, as well as medical professionals and emergency responders, to access confidential business information of chemical companies that was mandated by recent amendments to the Toxic Substances Control Act.

  • March 14, 2018

    NJ Panel Backs Utility's Solar Energy Monitoring Method

    Public Service Electric & Gas Co. defeated claims that its solar energy program was devaluing New Jersey’s solar renewable energy certificate marketplace when a state appeals panel on Wednesday found the utility’s sampling method of measuring generation complied with state regulations.

  • March 13, 2018

    Bill To Undo Metal Tariffs 'Highly Unlikely,' McConnell Says

    A day after Republican senators unveiled a bill to reverse the Trump administration’s pending tariffs on steel and aluminum duties, Senate Majority Leader Mitch McConnell, R-Ky., said Tuesday that tackling the tariffs through legislation is “highly unlikely” at this point.

  • March 13, 2018

    Halliburton Need Not Arbitrate $12M Row, 5th Circ. Hears

    Halliburton Energy Services Inc. told the Fifth Circuit on Monday that a $12 million dispute with Ironshore Specialty Insurance Co. over losses from an oil well fire is not arbitrable because Halliburton and Ironshore never entered into a direct contract that called for arbitration between them.

  • March 13, 2018

    Zinke, Senate Energy Dems Clash Over DOI Budget Plan

    Democrats on the U.S. Senate Committee on Energy and Natural Resources on Tuesday lambasted Secretary of the Interior Ryan Zinke over his agency's slimmed-down budget proposal for the 2019 fiscal year, with one Democrat saying planned conservation program cuts and national monument shrinkages make him regret voting for Zinke's confirmation.

  • March 13, 2018

    EPA Eases Up On New Source Review Project Evaluations

    The U.S. Environmental Protection Agency on Tuesday said it is changing a long-standing policy about how the agency evaluates proposed projects that emit air pollutants, potentially making it easier for the projects to get approved.

  • March 13, 2018

    State Dept. Sued For Details On Overdue Climate Report

    An environmental group hit the U.S. Department of State with a lawsuit in D.C. federal court Tuesday, demanding answers on why the agency failed to submit a climate action report to the United Nations in January as required by a 1994 treaty.

  • March 13, 2018

    EPA Lets Bankrupt Pa. Refiner Slide On Biofuel Payments

    Philadelphia Energy Solutions LLC, the Northeast’s largest remaining refinery complex, scored a big win in its Delaware bankruptcy proceedings Monday with a settlement that allows the company to avoid paying tens of millions it owes under a U.S. Environmental Protection Agency renewable fuels program.

Expert Analysis

  • 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. ​

  • The Art Of The Litigation Funding Deal

    Julia Gewolb

    As litigation funding becomes more widespread, greater complexity and variability in funding deals are to be expected. All claimants should consider certain key questions on the economics of single-case funding when considering or comparing funding terms, says Julia Gewolb of Bentham IMF.

  • Smart Contracts Need Smart Corporate Lawyers

    Matthew O’Toole

    Given the operational and security risks involved, and the substantial digital asset values transacted, the rise of distributed ledger technology and smart contracts will create new opportunities and responsibilities for transactional lawyers, say attorneys with Potter Anderson Corroon LLP.

  • How To Fix Your Broken Client Teams

    Mike O'Horo

    Law firms claim they create client teams to improve service. Clients aren’t fooled, describing these initiatives as “thinly veiled sales campaigns.” Until firms and client teams begin to apply a number of principles consistently, they will continue to fail and further erode clients’ trust, says legal industry coach Mike O’Horo.

  • Opinion

    Proposal For Nationalization Of 5G Network Is Dead On Arrival

    Kristin Smith

    The Trump administration is unlikely to act on its reported plan to nationalize the 5G wireless network, but if it formally proposed nationalization, the wireless industry would unleash a lobbying battle on Congress that would doom the project, says Kristin Smith of Thompson Coburn LLP.

  • How To Serve Your Blind Client Effectively

    Julia Satti Cosentino

    While a client’s visual impairment can create challenges for an attorney, it also can open up an opportunity for both attorney and client to learn from each other. By taking steps to better assist clients who are blind or visually impaired, attorneys can become more perceptive and effective advisers overall, say Julia Satti Cosentino and Nicholas Stabile of Nutter McClennen & Fish LLP.

  • What To Expect After Trump's State Of The Union Address

    Jeffrey Turner

    As President Donald Trump emphasized in his recent State of the Union speech, the U.S. economy appears to be strong. Unfortunately, as the Democratic response confirmed, the state of affairs on Capitol Hill is anything but. Jeffrey Turner and David Schnittger of Squire Patton Boggs LLP outline what Congress must do in the next month or so.