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Project Finance

  • September 17, 2018

    Anadarko, Insurer Clash On Terms In $100M Deepwater Row

    Anadarko Petroleum Corp. told the Texas Supreme Court Monday that an excess insurer at Lloyd’s of London has effectively rewritten policy terms to avoid paying more than $100 million in Deepwater Horizon litigation defense costs, while the insurer says Anadarko is seeking a drastic expansion of coverage.

  • September 17, 2018

    FERC Pipeline Tax Policy Change Challenged At DC Circ.

    A pair of pipeline companies urged the D.C. Circuit on Friday to review a Federal Energy Regulatory Commission policy removing a tax perk for pipeline master limited partnerships, a companion to a rule directing gas pipeline operators to disclose the effect of recently enacted corporate tax cuts on their rates.

  • September 17, 2018

    4th Circ. Won't Stop $3.5B Pipeline Work Amid Permit Redo

    The Fourth Circuit on Monday denied a bid by a group of environmental activists to halt construction of the $3.5 billion Mountain Valley gas pipeline while the U.S. Forest Service and the Bureau of Land Management revise approvals thrown out by the appeals court.

  • September 17, 2018

    Exelon Says 7th Circ. Ruling Dooms NY Nuke Subsidy Fight

    The Seventh Circuit's recent ruling that subsidies offered by Illinois to prop up struggling nuclear power plants are lawful backs the argument that New York's similar nuclear subsidy program passes legal muster, a lawyer for Exelon Corp. told the Second Circuit on Friday.

  • September 17, 2018

    Warburg Pincus Offers $500M To Texas Oil And Gas Co.

    Midland, Texas-based oil and gas exploration and production company Tall City Exploration III LLC said on Monday that it has received a line of equity financing of up to $500 million from funds affiliated with private equity firm Warburg Pincus LLC.

  • September 14, 2018

    Supreme Court Cases Enviro Lawyers Should Watch This Fall

    The U.S. Supreme Court will consider in its latest term a diverse group of environmental law cases that address questions about whether the Clean Water Act permits the regulation of groundwater and how much power Congress intended to give the executive branch in a law that allows federal agencies to bypass environmental statutes in the name of border protection. Here, Law360 previews some of the biggest environmental law cases to watch in the new term.

  • September 14, 2018

    Trump Admin. Asks CIT To Nix Challenge To Steel Tariffs

    The federal government on Friday brushed aside notions that the Cold War-era national security law the Trump administration used to levy steel tariffs is unconstitutional, telling the U.S. Court of International Trade that Congress has left foreign affairs to the president and as commander-in-chief his authority under the law is "at a maximum." 

  • September 14, 2018

    Tribe Says Enbridge Pipeline Plan Would Skirt Enviro Review

    The Bay Mills Indian Community urged the federal government on Thursday to cancel a proposal to allow Enbridge Energy LP to perform construction work on an oil pipeline in the Great Lakes, saying the government's approval of the plan would help the company avoid a required environmental review.

  • September 14, 2018

    Balkan Energy Tells DC Circ. Ghana Can't Escape $13M Award

    British energy firm Balkan Energy and its Ghanaian subsidiary urged the D.C. Circuit on Friday to affirm the confirmation of a nearly $13.7 million arbitral award it won from Ghana following a dispute over a soured power purchase agreement, saying an argument that the dispute belongs in Ghana has no merit.

  • September 14, 2018

    9 BigLaw Firms Pledge $15M For Pro Bono Enviro Efforts

    Nine BigLaw firms will provide a combined $15 million in pro bono legal services to advance efforts to fight global climate change and bolster sustainability, California officials said Friday, the final day of a global climate summit in San Francisco.

  • September 13, 2018

    Puerto Rico Creditors Blast GDB Deal As It Clears Hurdle

    Puerto Rico’s creditors and its financial oversight board clashed Thursday over the proposed $4.1 billion restructuring of the island’s Government Development Bank, with creditors deriding it as a “home-baked bankruptcy” that would shield corrupt bankers from scrutiny even as the bank’s own creditors overwhelmingly approved the deal.

  • September 13, 2018

    House Passes $147B VA, Energy Bill For 2019

    The U.S. House of Representatives on Thursday easily approved a $146.5 billion package of bills to fund military construction and the U.S. departments of Veterans Affairs and Energy for 2019, sending the bill to be signed into law, as lawmakers also reached a deal to stave off a government shutdown.

  • September 13, 2018

    DOI Asks 10th Circ. To Toss Methane Rule Appeal As Moot

    The U.S. Department of the Interior on Wednesday told the Tenth Circuit it should let stand a ruling that delays implementation of parts of a rule restricting methane emissions from natural gas wells on public and tribal lands, explaining that a replacement rule will be issued soon.

  • September 13, 2018

    Fla. Judge Trims Enviros' Nuclear Pollution Suit Against FPL

    A Florida federal judge on Wednesday cut environmental groups' allegations of ammonia pollution from a suit against Florida Power & Light Co. over water pollution from its Turkey Point nuclear plant near Miami, but allowed claims of violations of groundwater and surface water standards to proceed.

  • September 13, 2018

    Maritime Industry Challenges To Watch: Part 2

    As maritime industry stakeholders maneuver through the changing regulatory and legislative landscape, they’re also contending with increased gridlock at U.S. ports, emerging cybersecurity threats and technology disruptions, and inadequate investment in crucial infrastructure. Here, Law360 examines more challenges facing the industry in the second part of our roundup.

  • September 13, 2018

    DC Circ. Urged To Rethink FERC Retroactive Costs Ruling

    Michigan-based entities on Wednesday urged the D.C. Circuit to reconsider its decision backing the Federal Energy Regulatory Commission's order of retroactive surcharges to correct a flawed cost-share calculation for keeping an unprofitable-but-needed power plant operating, arguing it conflicts with a previous ruling backing a denial of refunds by FERC.

  • September 13, 2018

    7th Circ. Upholds Ill. Nuke Subsidy Program

    The Seventh Circuit on Thursday upheld subsidies offered by Illinois to prop up struggling nuclear power plants, rejecting arguments that the so-called zero-emission credits are preempted by the Federal Power Act and usurp the Federal Energy Regulatory Commission’s exclusive jurisdiction over wholesale electricity markets.

  • September 12, 2018

    Ex-Mayer Brown Railroad Lawyer Joins Steptoe In DC

    Steptoe & Johnson LLP has expanded its transportation group with the addition of former Mayer Brown counsel Peter Denton as partner in the firm’s Washington office, firm officials announced Tuesday.

  • September 12, 2018

    Eversource, Avangrid Beat $3.6B Price Manipulation Suit

    A Massachusetts federal judge ruled Tuesday that New England electricity consumers cannot sue Eversource Energy and Avangrid Inc. over allegations that the companies manipulated natural gas supplies and drove up prices to a tune of $3.6 billion.

  • September 12, 2018

    Law Schools Struggle To Find Themselves In Post-Recession Market

    Classes on blockchain and artificial intelligence. Crash courses in business and financial markets. These are a few ways law schools are preparing students for a job market that is struggling in the wake of the recession.

Expert Analysis

  • 10 Ways To Prevent E-Discovery Woes

    Debbie Reynolds

    E-discovery is not easy, but employing these 10 strategies may help minimize future headaches, say Debbie Reynolds and Daryl Gardner of EimerStahl Discovery Solutions LLC.

  • Cos. Must Prepare For Toughening Russia Sanctions

    Mario Mancuso

    On Monday, the U.S. Department of State enacted the first round of sanctions against Russia in response to the March 2018 poisoning of the Skripal family in the United Kingdom. The impact of these sanctions is somewhat limited, but the next round of sanctions, expected in early November, may be more sweeping, say attorneys with Kirkland Ellis LLP.

  • 2nd Circ. Restricts The FCPA's Reach

    Brad Karp

    The Second Circuit’s opinion last week in U.S. v. Hoskins limits the U.S. Department of Justice’s ability to prosecute foreign individuals or companies for Foreign Corrupt Practices Act violations. The opinion also flatly contradicts the U.S. Securities and Exchange Commission’s 2012 FCPA resource guide, say attorneys with Paul Weiss Rifkind Wharton & Garrison LLP.

  • 4 Key Components To New Firm Partnership Agreements

    Russell Shinsky

    A well-drafted partnership agreement protects a law firm's founders, establishes a process for new and outgoing partners, and sets forth guidelines for navigating conflict along the way. Startup firms can begin with something less complex, but there are important elements that every agreement should include, says Russell Shinsky of Anchin Block & Anchin LLP.

  • Opinion

    Open The Federal Courthouses

    David Oscar Markus

    Forget about cameras, reporters in the Manafort trial were not even permitted in the courtroom with their phones, tablets or computers. That meant no live reporting on Twitter and no emails to the newsrooms with updates. In a world focused on information and news as it happens, this is unacceptable, says trial attorney David Oscar Markus.

  • How FERC's July Order Affects Gas Pipelines

    Paul Forrester

    Earlier this summer, the Federal Energy Regulatory Commission adopted an order to force a review of cost-based rates and to implement its current policy on the treatment of income taxes. The order includes procedures for determining which jurisdictional natural gas pipelines may be collecting unjust and unreasonable cost-based rates, says J. Paul Forrester of Mayer Brown LLP.

  • Exxon Investors' Climate Suit Turns Up The Heat On Oil Cos.

    Mike Biles

    A Texas federal judge's decision last week in Ramirez v. Exxon Mobil — the first climate change-related securities class action against a major oil and gas company — is strikingly pro-shareholder and departs from opinions of numerous federal courts, say Mike Biles and Jessica England of King & Spalding LLP.

  • 'High Availability' — A Key Term In Law Firm IT Strategy

    Jeff Norris

    While most law firm executives and partners may instinctively want to tune out terms like "high availability" and "disaster recovery" — concepts that IT managers usually worry about — there are five reasons you should lean in and wrestle with the vocabulary, say Jeff Norris of Managed Technology Services LLC and Greg Inge of information security consulting firm CQR.

  • The 'Post-Fact' Jury In The 'Fake News' Era

    Ross Laguzza

    The "fake news" phenomenon is ever more prominent in the political arena — but not in the jury box. At a trial, jurors don’t have to rely on the media or any other source to tell them the facts and issues, since they have a front-row seat to the action, says Ross Laguzza, a consultant at R&D Strategic Solutions LLC.

  • Section 45Q Tax Credit Increase May Spur Carbon Capture

    David Lowman

    The Bipartisan Budget Act of 2018 significantly increased and extended the Section 45Q tax credit for the capture and sequestration of carbon oxides. This development is expected to significantly boost deployment of carbon capture and storage across the U.S. and represents a potential opportunity for emitting companies, oil and gas companies and industrial users of carbon oxides, say David Lowman and Frederick Eames of Hunton Andrews Kurth LLP.