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Project Finance

  • June 8, 2018

    5th Circ. Won't Budge From Exxon Radiation Exposure Ruling

    ​The Fifth Circuit refused Thursday to revisit its decision keeping in federal court a long-running case against major oil companies brought by a group of plaintiffs that includes workers who cleaned oil well tubes contaminated with radioactive, allegedly cancer-causing dust. 

  • June 8, 2018

    4 Trends Enviro-Focused Deal Attys Should Be Aware Of

    Environmental concerns are always an important part of transactions — from mergers to real estate deals — and lawyers tasked with environmental due diligence have seen big changes in their practice area over the past few years. Here, experts discuss four trends attorneys that do environmental reviews for transactions ought to have on their radar.

  • June 8, 2018

    Del. Justices Affirm Toss Of $700M El Paso Merger Suit

    An eight-year, multicase Delaware Chancery Court battle over the limits of limited partner rights and general partner duties in a series of El Paso Pipeline mergers closed out Friday with Delaware’s Supreme Court upholding the dismissal of a $700 million damages suit targeting Kinder Morgan Inc., affiliates and key partners.

  • June 8, 2018

    Taxation With Representation: Fenwick, Latham, Vinson

    In this week’s Taxation with Representation, Microsoft acquired GitHub for $7.5 billion, Global Infrastructure Partners bought all of Devon Energy Corp.’s interests in EnLink Midstream Partners LP for $3.13 billion, and Taylor Morrison scooped up AV Homes Inc. for $963 million.

  • June 8, 2018

    Six Congressional Democrats Ask FBI To Investigate Pruitt

    Six congressional Democrats on Friday sent a letter to the Federal Bureau of Investigation asking it to look into whether U.S. Environmental Protection Agency head Scott Pruitt used his position to benefit himself, referencing recent accusations saying he assisted his wife's business ambitions.

  • June 8, 2018

    Miami-Dade Says Marlins Are 'Obfuscating' In $1.2B Sale Row

    Miami-Dade County urged a Florida federal court not to let the Miami Marlins clarify the country where a company within its new corporate family is based — a key component of the baseball team’s bid to send a $1.2 billion sale dispute to international arbitration — saying the Marlins are manipulating the truth.

  • June 8, 2018

    Real Estate Rumors: NYC Holiday Inn, NES, Florida Power

    A Holiday Inn in Long Island City, Queens, could fetch as much as $40.8 million in a sale, NES Financial has reportedly bought a Miami warehouse for $5.25 million, and Florida Power & Light is said to have paid $19.3 million for 1,287 acres of land in Palm Beach County.

  • June 8, 2018

    DC Circ. Backs FERC Redo In Grid Interconnection Cost Fight

    The D.C. Circuit on Friday upheld the Federal Energy Regulatory Commission's court-ordered revamp of its order for a New Jersey power developer to pay charges to hook up with regional grid operator PJM Interconnection LLC, saying FERC properly relied on PJM's tariff conditions at the time the interconnection agreement was finalized.

  • June 8, 2018

    DC Circ. Upholds EPA Rule Limiting Federal Court Decisions

    The D.C. Circuit on Friday rejected a coalition of industry groups' challenge to a U.S. Environmental Protection Agency rule that allows the agency to deviate from its national policy and implement Clean Air Act regulations differently in one part of the country if a federal court there disagrees with the EPA's approach.

  • June 7, 2018

    Hopi, Navajo Lose Bid To Stop Ariz. Power Purchase

    An Arizona water agency on Thursday voted to purchase a portion of its future electricity needs from other sources despite a request by the Hopi Tribe and the Navajo Nation that it wait 90 days while efforts are made to prolong the life of the Navajo Generating Station coal plant.

  • June 7, 2018

    EPA Considering New Rules For Cost-Benefit Analyses

    The U.S. Environmental Protection Agency on Thursday announced it’s considering new regulations that would control how it analyzes and weighs the costs and benefits of regulatory actions that affect businesses and the public, an important issue that can dramatically impact the final look of federal rules.

  • June 7, 2018

    Contractor Awarded $45M Over LA Power Plant Project Delays

    A California federal jury has awarded $45 million to a Kiewit Corp. unit in a dispute with the Los Angeles Department of Water and Power over costs for a $440 million power plant modernization project incurred due to delays the construction firm claims were caused by the municipal utility.

  • June 7, 2018

    House OKs Water Infrastructure Policy Changes

    The U.S. House of Representatives pushed off a water infrastructure construction and reform bill Wednesday, sending the measure to the Senate with a nearly unanimous vote.

  • June 7, 2018

    Texas Taxpayer Group Fights $44M Payout To Developer

    A Texas taxpayer group on Wednesday asked a Dallas court for an emergency restraining order to block the payment of $44 million in incentives and upfront infrastructure reimbursements to an entertainment complex, saying the project's developers committed fraud to clear the way for the payment.

  • June 7, 2018

    Engineering Co. Says Calif. Water Plant Suit Is Time-Barred

    An environmental engineering company asked a San Francisco judge on Thursday to nix claims over its role in a scandal over an alleged conflict of interest that ended a $400 million water desalination plant construction project, saying allegations it concealed the hire of a public official overseeing the project were time-barred.

  • June 7, 2018

    Legislators Tell Pruitt To Ditch Scientific Review Overhaul

    More than 100 mostly Democratic members of Congress on Thursday blasted a recent proposal by the U.S. Environmental Protection Agency to require the publication of data underlying scientific studies that they say would actually harm scientific integrity.

  • June 7, 2018

    EPA Rebuffs Del., Md. Calls To Cut Smog From Upwind States

    The U.S. Environmental Protection Agency on Thursday sought to deny Delaware and Maryland's request that it act to reduce air pollution blowing in from other states, saying there's no evidence out-of-state power plants are violating the Clean Air Act's so-called "good neighbor" provision covering cross-state emissions.

  • June 7, 2018

    Calif. Gov'ts Say 9th Circ. Must Limit Climate Tort Appeals

    Two counties and one city in California said Wednesday that fossil fuel companies are trying to expand their appeal of a lower court's remand of climate change suits to state court to cover grounds that aren't appealable, and urged the Ninth Circuit to limit its review accordingly.

  • June 6, 2018

    Del. Justices Mull Reviving Appeal To $9.2B El Paso Merger

    A former El Paso Pipeline Partners LP investor who challenged a series of company mergers dating to 2011 asked the Delaware Supreme Court Wednesday to resurrect a suit accusing parent Kinder Morgan Inc. of pushing through an unfairly priced rollup of the $9.2 billion business.

  • June 6, 2018

    Agreement Reached In Puerto Rico Sales Tax Revenue Fight

    A long and contentious battle between municipal bondholders and other creditors over claims to more than $17 billion in pledged Puerto Rico sales tax collections may have reached an end, as representatives for the warring groups filed court papers Tuesday saying they’ve come to an agreement in principle.

Expert Analysis

  • Energy Firms Face NAFTA Investor-State Dispute Revamp

    Rachael Kent

    The North American Free Trade Agreement's Investor-State Dispute Settlement provision has helped the U.S. domestic energy industry protect its cross-border investments. But the Trump administration has indicated a desire to eliminate the ISDS provision. Energy firms must stay aware of the dynamics of NAFTA renegotiation — and consider how a post-ISDS world would affect their business, say attorneys with WilmerHale.

  • What's Next For EPA's Scientific Review Process?

    Elise Scott

    U.S. Environmental Protection Agency Administrator Scott Pruitt recently issued a proposed rule titled "Strengthening Transparency in Regulatory Science," with the goal of ensuring that data and models underlying scientific studies pivotal to regulatory action are available to the public. However, if finalized, it's expected the rule would face legal challenges, say attorneys with Winston & Strawn LLP.

  • Opinion

    Why Won't Judicial Nominees Affirm Brown V. Board Of Ed?

    Franita Tolson

    On May 17, 1954, the U.S. Supreme Court decided Brown v. Board of Education, recognizing a moral and legal truth that should be beyond question in American society. The refusal by some of President Donald Trump's judicial nominees to say whether they believe the case was decided correctly is indicative of the narrow-minded elitism they would bring to the bench, says professor Franita Tolson of the University of Southern California's Gould School of Law.

  • The Lawyers' Guide To Cloud Computing

    Daniel Garrie

    In deciding whether cloud computing is right for the organization or firm, an attorney must consider cloud computing’s significant impact on the electronic discovery process, say Daniel Garrie, managing partner at Law & Forensics LLC, and David Cass, chief information security officer at IBM Cloud.

  • Opinion

    Recovering Lawyers' Lost Position Of Independence

    Samuel Samaro

    In these politically divisive times, many ask whether our institutions and traditions can help us return to a greater consensus. In days long past, the legal profession could have been counted on to serve just such a function. But lawyers are now just as polarized as everyone else, says Samuel Samaro of Pashman Stein Walder Hayden PC.

  • 8 Reasons To Take A Fresh Look At Your Law Office Lease

    Tiffany Winne

    After moving into a new law office, tenants often file their signed leases away, figuring that the terms are set for a few years at least. However, leases can be very flexible instruments, and should be reviewed annually even if nothing seems amiss, says Tiffany Winne of Savills Studley Inc.

  • A General Counsel's Tips For Succeeding As A New Associate

    Jason Idilbi

    Based on his experience as a BigLaw associate for six years and now as general counsel for a tech startup, Jason Idilbi of Passport Labs offers some best practices for newer associates — whether they are serving external clients or senior attorneys within their firms.

  • Series

    Judging A Book: Berzon Reviews 'We The Corporations'

    Judge Marsha Berzon

    My advice to prospective clerks will now include the suggestion that they read Adam Winkler's new book, "We the Corporations: How American Businesses Won Their Civil Rights," for the same reason I recommend taking a corporations course — appreciating the critical role of business corporations in American life and law, says Ninth Circuit Judge Marsha Berzon.

  • What ABA’s Position On Harassment Means For Employers

    Minjae Song

    In the #MeToo era, the American Bar Association’s recently passed Resolution 302 is a reminder of harassment policy best practices to all employers, and it should be of particular interest to employers in the legal industry, say attorneys with Hunton Andrews Kurth LLP.

  • Infrastructure Funding Is On The Rise In Indian Country

    Michael Connor

    For Native American communities, decades of underinvestment have resulted in decaying or nonexistent infrastructure across all sectors. Though there is still a long way to go, some recent new and proposed funding sources for infrastructure development on tribal lands are a step in the right direction, say Michael Connor and Raya Treiser of WilmerHale.