Project Finance

  • December 6, 2017

    K&L Gates Nabs Energy Pro From Eversheds Sutherland

    A seasoned energy attorney who spent much of his career as in-house counsel for companies like Shell Oil and ExxonMobil has made the jump from Eversheds Sutherland LLP to K&L Gates LLP, bringing his extensive corporate counsel and private practice experience to the firm's energy, infrastructure and resources group in Houston.

  • December 6, 2017

    Shell Unit Broke Pact To Take Oil After Spill, Suit Says

    A Royal Dutch Shell PLC affiliate was hit with a lawsuit in Texas court Tuesday accusing it of breaching an agreement to accept crude oil deliveries from an All American Oil & Gas Inc. subsidiary following a pipeline rupture that spilled about 20,000 gallons of oil in California.

  • December 6, 2017

    Baker Hughes Strikes Deal In Workers' OT Suit

    Baker Hughes Oilfield Operations Inc. agreed Tuesday to settle a North Dakota federal collective action alleging it unfairly denied overtime to more than 100 field engineers in training, some of whom earned more than $100,000 per year.

  • December 5, 2017

    Plan To Move Miami Tennis Tournament Hits Possible Snag

    IMG Worldwide Inc. on Tuesday appeared poised to score a win for a long-term deal to move its Miami Open tennis tournament to the Miami Dolphins' stadium, but a last-minute change by the county before approving two needed agreements had the company questioning if the plan will clear the net.

  • December 5, 2017

    AGs Lob Latest Suit Accusing EPA Of Missing Smog Deadline

    A coalition of 15 attorneys general from states including New York, California and Massachusetts sued the U.S. Environmental Protection Agency and its leader on Tuesday, alleging the agency has missed a deadline to identify the areas of the U.S. that are subject to smog reduction requirements.

  • December 5, 2017

    Buckeye Unit Says Pa. Agency Can't Block Pipeline Reversal

    A Buckeye Partners unit argued on Monday that its efforts to reverse the flow of a section of pipeline to provide interstate transportation of petroleum products did not require approval from Pennsylvania utility regulators and, instead, fell under the jurisdiction of the federal government.

  • December 5, 2017

    2nd Circ. Poised To Rule Quickly On NY-FERC Pipeline Spat

    A Second Circuit panel on Tuesday didn't rule on New York's bid to block a Millennium Pipeline Co. LLC project, but appeared willing to speed up the state's challenge of the Federal Energy Regulatory Commission's determination that the state had waived its permitting authority for the project.

  • December 5, 2017

    BLM Will Fight Methane Enforcement Ruling At 9th Circ.

    The Bureau of Land Management on Monday said that it will appeal to the Ninth Circuit an October ruling from a California federal magistrate judge that reactivated Obama-era regulations limiting methane gas emissions on public lands.

  • December 5, 2017

    ND Tribe Member Fights Fee, Interest Bids In Royalty Beef

    A Three Affiliated Tribes member and his current attorney are challenging a pair of requests made by Enerplus Resources Corp. in its $3 million royalty overpayment dispute, telling a North Dakota federal court Monday that the requested attorneys' fees are excessive and the oil and gas exploration company isn’t entitled to prejudgment interest.

  • December 5, 2017

    DOT Yanks Emergency Brakes Mandate For Crude Oil Trains

    The U.S. Department of Transportation said late Monday it will pull a 2015 final rule requiring trains carrying crude oil, ethanol and other flammable liquids to be outfitted with electronically controlled pneumatic brakes, or ECP brakes, saying it’s unclear whether the perceived safety benefits justified the costs to railroads.

  • December 5, 2017

    FERC Ruling Casts New Scrutiny On Oil Pipeline Contracts

    The Federal Energy Regulatory Commission's recent ruling that an oil pipeline company's plan for its marketing arm to buy up pipeline space at full price while reselling it at a discount is illegal will send other pipeline operators scrambling to review their own marketing deals and could spark more litigation at FERC, experts say.

  • December 4, 2017

    Tribe, Enviros Take Aim At BLM For Mine Project Approvals

    An Alaskan tribe and three conservation groups on Monday launched a federal court challenge to U.S. Bureau of Land Management decisions that have allowed a mining exploration in a watershed in the southeast part of the state to proceed, saying the agency hasn't appropriately considered the environmental impacts.

  • December 4, 2017

    NY Solar Co. Hits Bankruptcy After Abrupt Layoffs

    Level Solar Inc. filed for Chapter 11 bankruptcy protection in New York on Monday with plans to investigate its former CEO, a little more than two months after the residential solar panel installer was accused of abruptly closing its doors and terminating all employees without legally required advanced warning.

  • December 4, 2017

    Renewable Cos. Eye Damage Control As Tax Plan Advances

    The tax bill passed by the U.S. Senate on Saturday ratchets up anxieties for a renewable energy sector already concerned by the tax legislation that cleared the House last month, setting the stage for clean energy advocates to push for major rewrites during the reconciliation process. Here's a review of the energy impacts of both bills, as well as a preview of what the biggest energy-related fights will be as lawmakers attempt to craft unified legislation.

  • December 4, 2017

    First Nations, Enviros Prevail In Yukon Watershed Plan Fight

    The Supreme Court of Canada on Friday ruled that the Yukon government didn’t “have the authority” to make the substantial changes that it did to a land use plan for the Peel watershed, handing a win to First Nations and environmental groups.

  • December 4, 2017

    Trump Shrinks Utah National Monuments By Millions Of Acres

    President Donald Trump on Monday cut millions of acres from Bears Ears and Grand Staircase-Escalante national monuments, claiming he was rectifying “abuses of the Antiquities Act” by prior administrations and prompting a lawsuit by environmental groups who said the president overstepped his authority.

  • December 4, 2017

    Dakota Access, Tribes Ordered To Craft Spill Plan

    Dakota Access LLC, the U.S. Army Corps of Engineers and two Native American tribes were ordered by a D.C. federal judge on Monday to coordinate and come up with an oil spill response plan for the controversial Dakota Access pipeline, which is due to the court by April 1.

  • December 1, 2017

    EPA Nixes Hardrock Mining Rule, Enviros Say They'll Sue

    The U.S. Environmental Protection Agency said Friday that it will not issue final regulations requiring hardrock mining facilities to prove they can pay for cleanup efforts that their operations might necessitate, spurring environmentalists to vow that they’ll sue over the latest in a series of Obama-era environmental rules rolled back by the Trump administration.

  • December 1, 2017

    Ohio City Asks 6th Circ. To Pull State Nexus Pipeline Permit

    A city in Ohio told the Sixth Circuit on Friday that the state’s decision to grant a water quality certificate for the $2.2 billion Nexus pipeline should be nixed and the process should be restarted, arguing that it was completed without all the relevant information or a proper alternatives analysis.

  • December 1, 2017

    9th Circ. Ruling Hints At Bumpy Road For Water Rule Redo

    A recent Ninth Circuit ruling on the federal government’s enforcement power under the Clean Water Act showcased some of the legal obstacles that may confront the Trump administration as it crafts a replacement to the Obama administration’s soon-to-be-rescinded “waters of the U.S.” rule.

Expert Analysis

  • An Interview With Former DHS Secretary Jeh Johnson

    Randy Maniloff

    Jeh Johnson, the former secretary of homeland security, was kind enough to let me visit him to reflect on his diverse career. He told stories that left me speechless. And yes, the man who was responsible for the Transportation Security Administration removed his shoes when going through airport security. You bet I asked, says Randy Maniloff of White and Williams LLP.

  • Series

    Judging A Book: Gilstrap Reviews 'Alexander Hamilton'

    Judge Rodney Gilstrap

    While Alexander Hamilton is the subject of a hit Broadway musical and renewed biographical examinations, professor Kate Brown takes us down a road less traveled in her book "Alexander Hamilton and the Development of American Law" — showing Hamilton as first, last and foremost an American lawyer, says U.S. District Judge Rodney Gilstrap of the Eastern District of Texas.

  • The Case For Creating A Mediation Department At Your Firm

    Dennis Klein

    There are at least four reasons supporting the need for some form of a mediation group within a law firm, especially in firms with larger practices, according to Dennis Klein, owner of Critical Matter Mediation and former litigation partner at Hughes Hubbard & Reed LLP.

  • Natural Gas Market Design May Be Failing Consumers

    Levi McAllister

    Domestic energy producers face challenges in predicting consumer demand for electricity and natural gas, and in responding to daily fluctuations in consumption. A recent academic paper highlights design characteristics of the natural gas market that may contribute to these challenges, say attorneys with Morgan Lewis & Bockius LLP.

  • Core Functions And Cooperative Federalism At The EPA

    Dan Jordanger

    The U.S. Environmental Protection Agency’s recently released draft strategic plan for 2018-2022 starkly narrows the items on which the EPA will focus its resources and turns the agency’s back on many objectives contained in the previous plan — things that the Trump administration and Administrator Scott Pruitt believe should not be done at all, says Dan Jordanger of Hunton & Williams LLP.

  • Being There: Defending Depositions

    Alan Hoffman

    Defending depositions is challenging. The lawyer is the only shield and protector for the witness and the client. The rules of engagement are less than clear, and fraught with ethical perils. Difficult judgment calls often must be made in the heat of battle. This is where lawyers really earn their keep, says Alan Hoffman of Husch Blackwell LLP.

  • A Look At NYC Bar Association's Task Force On Puerto Rico

    Roger Juan Maldonado

    Last year, the New York City Bar Association created its Task Force on Puerto Rico to monitor and comment on the actions of stakeholders involved in the implementation of the Puerto Rico Oversight Management and Economic Stability Act. The task force's focus has naturally shifted in the aftermath of Hurricane Maria's catastrophic impact, say Roger Juan Maldonado and Neysa Alsina of the New York City Bar Association.

  • Opinion

    The Legal Fallout For Harvey Weinstein’s Hired Hands

    Nicole Kardell

    There is a difference between a lawyer or investigator seeking evidence to defend against allegations and correct misrepresentations, and, on the other hand, using duplicitous means to gather information and intimidate alleged victims and journalists. Client advocacy does not mean winning at all costs, says Nicole Kardell of Ifrah Law PLLC.

  • Jury Persuasion In An 'Alt-Fact' World

    Shelley Spiecker

    Today's climate of “alternative facts” has jurors making decisions based on beliefs, emotions and social affiliations that often go unacknowledged or underappreciated. To present their case in the most persuasive manner possible, litigators should consider adapting to their audience when it comes to four psychological factors, say consultants with Persuasion Strategies, a service of Holland & Hart LLP.

  • Applying The Investors' Playbook To Legal Career Planning

    Howard Cohl

    Nothing has been more instrumental in my role as a legal recruiter than what I learned from a variety of hedge fund managers, venture capitalists and investment bankers — how to analyze a deal and make a decision quickly. It boils down to the traditional SWOT analysis, says Howard Cohl, director in Major Lindsey & Africa’s emerging markets group.