Project Finance

  • 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.

  • December 8, 2017

    Law360 MVP Awards Go To Top Attorneys From 78 Firms

    The elite slate of attorneys chosen as Law360’s 2017 MVPs have distinguished themselves from their peers by securing hard-earned successes in high-stakes litigation, complex global matters and record-breaking deals.

  • December 8, 2017

    FERC Member's Online Comments Unethical, Landowner Says

    A landowner affected by the proposed PennEast Pipeline Project said Thursday that a Federal Energy Regulatory Commission member and former chairman has been violating ethics rules by posting biased comments on Facebook and should be removed from his position.

  • December 8, 2017

    Senate OKs Trump's Resources Pick Despite ANWR Concerns

    The U.S. Senate approved a key U.S. Department of the Interior deputy Thursday, giving Secretary Ryan Zinke a director of programs for gas, coal and other extraction activities on public lands.

  • December 8, 2017

    FERC Chair Asks DOE For More Time On Grid Subsidy Rule

    Energy Secretary Rick Perry on Friday granted a request by the new chairman of the Federal Energy Regulatory Commission for 30 more days to take action on a proposal to pay nuclear and coal plants for their contribution to grid reliability, although Perry asked the commissioners to work quickly.

  • December 7, 2017

    Costa Rica Can't Get Quick Win In $94M Canadian Mining Row

    A World Bank tribunal has deferred much of its decision on whether it can consider Infinito Gold Ltd.'s claim stemming from Costa Rica's alleged improper cancellation of a mining concession into which the Canadian company had invested $94 million, saying it needs more information.

  • December 7, 2017

    BLM Finalizes Delay To Methane Venting Rule Compliance

    The U.S. Bureau of Land Management on Thursday announced it will finalize its plan to suspend or delay several provisions of an Obama-era rule limiting methane venting and flaring from gas wells on public lands as the rule may be revised or rescinded.

  • December 7, 2017

    Trump Overstepped On Monuments, Enviro Groups Insist

    A coalition of environmental groups added its suit Thursday to a slew of challenges to President Donald Trump's decision to shrink national monuments in Utah, asserting that the White House does not have the authority to remove special protections for large swaths of land.

  • December 7, 2017

    Irell Partner To Star As CEO Of Legendary Entertainment

    Irell & Manella LLP announced Wednesday that a transactions partner will become the CEO of one of the firm’s clients, movie studio Legendary Entertainment LLC, the California production company behind international blockbusters “The Dark Knight,” “Jurassic World” and “Man of Steel.”

  • December 7, 2017

    Rusoro Wants $1.2B Venezuelan Award Enforced In NY

    Rusoro Mining Ltd. asked a New York state court Tuesday to enforce a $1.2 billion international arbitration award issued against Venezuela after the country expropriated the company’s investments, opening another front in its battle to sidestep the country’s foreign-country immunity defense.

  • December 7, 2017

    Senate Confirms Trump's Pick For EPA Enforcement Chief

    The U.S. Senate on Thursday confirmed Susan Bodine, a former chief counsel for the Senate Environment and Public Works Committee and a onetime Barnes & Thornburg LLP partner, to head up the U.S. Environmental Protection Agency's enforcement arm.

  • December 7, 2017

    2nd Circ. Won't Block Pipeline Amid NY, FERC Permit Fight

    The Second Circuit on Thursday rejected New York state's bid to block construction of a Millennium Pipeline Co. LLC project while it challenges the Federal Energy Regulatory Commission's determination that the state had waived its permitting authority but said it would hear the case as early as late January.

  • December 6, 2017

    Rail Regs In Crosshairs After Emergency Brakes Rule Repeal

    The U.S. Department of Transportation’s repeal of a 2015 rule requiring trains carrying crude oil, ethanol and other flammable liquids to be outfitted with advanced braking technology underscores that Obama-era regulations viewed as anti-business won’t survive the Trump administration’s relentless deregulatory push.

  • December 6, 2017

    Zinke Advises Trump To Shrink Some Nat'l Monuments

    Interior Secretary Ryan Zinke on Tuesday released the recommendations he gave the White House that said past administrations had abused their power to designate national monuments and advised shrinking some of them, publishing the advice a day after President Donald Trump slashed the size of two monuments in Utah.

  • December 6, 2017

    Tax Plans, Tariffs Cast Late Pall On Energy Finance In 2017

    Energy developers and investors found new types of projects to fund as well as new ways to fund them in 2017, but the recent prospect of major U.S. tax law changes and tariffs on imported solar panels has injected fresh uncertainty into project development. Here, attorneys identify five energy project finance trends that stood out this year.

Expert Analysis

  • 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.

  • The Billing Evolution: How Far Along Is Your Firm?

    Sharon Quaintance

    In a recent study, 20 out of 25 law firms surveyed have made billing process improvement a top priority for 2018. Firms can foster consistency and increase efficiency at all stages of their billing cycle by focusing on a few specific procedures, say Sharon Quaintance and Christine Indiano at HBR Consulting.

  • 10 Tips For Effective Practice Before The 5th Circ.

    Justin Woodard

    The Fifth Circuit is among the busiest federal circuit courts in the country. What can you do to increase your chances of reaching oral argument? And if given the opportunity, how can you present a persuasive argument? Former Fifth Circuit clerk Justin Woodard, an associate at Jones Walker LLP, shares some advice.

  • Series

    Judging A Book: Saris Reviews 'Locking Up Our Own'

    Judge Patti Saris

    Having just completed a six-year term as chair of the U.S. Sentencing Commission, I read Yale Law School professor James Forman's new book, "Locking Up Our Own: Crime and Punishment in Black America," with particular interest, says Judge Patti Saris, chief judge for the U.S. District Court for the District of Massachusetts.

  • Examining End Of EPA's 'Sue And Settle' Practice

    Maureen Mitchell

    With the stated intention of promoting transparency and public participation in the process of resolving lawsuits brought against the U.S. Environmental Protection Agency, Administrator Scott Pruitt recently issued a directive to end the “sue and settle” practices within the agency. But whether the directive will provide relief for the EPA from the policy is debatable, says Maureen Mitchell of Fox Rothschild LLP.

  • Remaining Questions About US Paris Agreement Withdrawal

    Silvia Maciunas

    Last week’s annual meeting of the 23rd Conference of the Parties addressed, among other issues, implementation of the Paris climate change agreement. The U.S. has already submitted a notification of its intention to withdraw from the agreement, but because it has been submitted early, it is unclear whether it will satisfy the withdrawal requirements, says Silvia Maciunas of The Centre for International Governance Innovation.

  • Roundup

    Judging A Book

    Constance Baker Motley

    Are the latest books on the judicial system worth reading? Federal judges share their thoughts in this series of book reviews.

  • Don't Waste This Planning Cycle: Year-End Strategies

    Hugh A. Simons

    Law firms are businesses where partners operate with significant autonomy. To see their priorities translate into individual partner action, firm leaders should use a few collaborative strategies, suggests Hugh A. Simons, former senior partner of The Boston Consulting Group and former COO of Ropes & Gray LLP.

  • From Snaps To Tweets: The Craft Of Social Media Discovery

    Matthew Hamilton

    Courts have consistently held that social media accounts are subject to established discovery principles but are reluctant to allow parties to rummage through private social media accounts. Recent case law confirms that narrowly tailored information requests get the best results, say Matthew Hamilton, Donna Fisher and Jessica Bae of Pepper Hamilton LLP.