Project Finance

  • March 15, 2018

    Car Rental Tax Constitutional, Ariz. Appeals Court Says

    A car rental tax that helped fund the construction of top-tier sports stadiums in Arizona has been ruled legal under both the Arizona and U.S. constitutions by the Arizona Court of Appeals, generally overturning an Arizona Tax Court ruling.

  • March 15, 2018

    4 Things To Watch In FAA Reauthorization Talks

    With the Federal Aviation Administration’s current authorization expiring at the end of the month, Congress will likely pass a short-term extension to buy time to negotiate other top-flight issues concerning consumer protection, drone oversight and funding for airport upgrades, experts say.

  • 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.

Expert Analysis

  • 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.

  • How Notice 2018-13 Frames Foreign Earnings Transition Tax

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    On Jan. 19, the U.S. Department of the Treasury and the IRS issued Notice 2018-13, elaborating on previous guidance about the Tax Cuts and Jobs Act’s new deemed repatriation provision. The notice also describes the agencies' intent to issue updated Form 5471 instructions, which will introduce an important — and much needed — limitation to filing requirements following the repeal of Section 958(b)(4), say attorneys at Morgan Lewis & Bockius LLP.

  • Opinion

    Evolving Due Process In The Digital Age

    Stephen Kane

    Because courts have not modernized as quickly as companies like Amazon, Tesla and Apple, Americans are becoming increasingly dissatisfied, but technological innovations may be able to help Americans access their due process, says Stephen Kane of FairClaims.

  • Centers Of Influence Are Key To Small Law Firm Rainmaking

    Frank Carone

    In a national survey of 378 small law firms, partners ranked client referrals as the most important means of business development. Yet studies reveal that while professional services providers obtain most new clients from existing client referrals, their best new clients — the ones providing the largest pool of investable assets — overwhelmingly come from “centers of influence,” says Frank Carone, an executive partner at Abrams Fensterman.

  • The Social Cost Of Carbon And Its Impact On Enviro Law

    John Lee

    The social cost of carbon is an important but little-known number underlying many environmental regulations. Though it is not widely discussed, it is important to understand for three primary reasons, says John Lee of Goldberg Segalla.

  • Feature

    From Law Firm To Newsroom: An Interview With Bob Woodruff

    Randy Maniloff

    Lawyers who have left the traditional practice for perceived greener pastures are many. But the circumstances surrounding broadcast journalist Bob Woodruff’s departure are unique. Like none I’ve ever heard, says Randy Maniloff of White and Williams LLP.

  • Previewing The Administration’s Infrastructure Policy

    Richard Butterworth

    The administration's infrastructure investment plan is expected to be a significant part of the State of the Union address this week. Judging by a recently leaked White House "Funding Principles" memo on infrastructure, the plan is expected to push private financing opportunities to state and local governments, say Richard Butterworth and Seth Kirshenberg of Kutak Rock LLP.

  • Series

    Judging A Book: Kendall Reviews 'On The Jury Trial'

    Judge Virginia Kendall

    As someone who spent half her days last year on the bench presiding over trials, I often find the alarmist calls to revamp the jury trial system a tad puzzling — why is making trial lawyers better rarely discussed? Then along comes a refreshing little manual called "On the Jury Trial: Principles and Practices for Effective Advocacy," by Thomas Melsheimer and Judge Craig Smith, says U.S. District Judge Virginia Kendall of the Northe... (continued)

  • Do I Need New Trial Counsel? 9 Questions To Ask

    Russell Hayman

    Initial selection of defense counsel is usually made at the outset of litigation, long before it is known whether the case may actually proceed to trial. Attorneys with McDermott Will & Emery discuss questions in-house lawyers should consider when deciding whether their litigation counsel should remain lead trial counsel in a case proceeding to trial.