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Project Finance

  • June 14, 2018

    Pa. Regulator Gives Sunoco Go-Ahead To Restart A Pipeline

    The Pennsylvania Public Utility Commission has given Sunoco Pipeline LP a partial win by allowing it to restart operations at a natural gas pipeline in the state, but also dealt the company a blow by continuing a halt on the construction of two others.

  • June 14, 2018

    BLM Must Revisit Enviro Analysis For NM Oil Leases

    The U.S. Bureau of Land Management must set aside several oil and gas leases covering roughly 20,000 acres of the Santa Fe National Forest and redo part of its environmental analysis, a New Mexico federal judge said on Thursday, deciding its look at greenhouse gases was insufficient.

  • June 14, 2018

    'Buffalo Billion' Defense Denied Subpoena To Jailed Witness

    The Manhattan judge set to oversee the criminal trial of former State University of New York President Alain Kaloyeros and three other men accused of rigging bids in the state's so-called Buffalo Billion revitalization effort turned aside a defense subpoena Thursday that sought information about a jailed cooperating witness.

  • June 14, 2018

    SunEdison Investors Seek Class Cert. In Stock-Drop Suit

    Pension funds alleging bankrupt renewable energy developer SunEdison’s former executives and directors concealed liquidity and financing problems that ultimately caused share prices to drop asked a New York federal court Wednesday for class certification.

  • June 13, 2018

    Construction Contracts Can Survive Misdeeds: Mass. Court

    The high court in Massachusetts ruled Wednesday that an intentional breach of contract may not always undermine an entire construction agreement and resulting damages, allowing a local company that paid subcontractors late to pursue $10 million it says it is owed after laying a 1,200-mile fiber-optic network in western Massachusetts.

  • June 13, 2018

    US World Cup Selection A Boon For Soccer Deal Attorneys

    FIFA on Wednesday voted to award the 2026 World Cup to a joint bid from the United States, Canada and Mexico, a decision that should spur more business for sports attorneys as it further pushes advertising and sponsorship deals, and increases media rights and professional team valuations amid the already growing interest in soccer in the U.S.

  • June 13, 2018

    EPA, Army Corps Sued Again Over Clean Water Rule Issues

    Several environmental organizations alleged that parts of the Clean Water Rule and the regulation delaying its implementation until February 2020 ran afoul of federal environmental laws in a suit against the U.S. Environmental Protection Agency and U.S. Army Corps of Engineers filed in California federal court Wednesday.

  • June 13, 2018

    Trump Makes New Pick For Enviro Council Chair

    President Donald Trump on Tuesday said he intends to nominate the White House Council on Environmental Quality’s current chief of staff to chair the group — his second try at filling the position after his first nominee failed to gain Senate approval.

  • June 13, 2018

    EPA Ordered To Act On Smog Drifting Into NY, Conn.

    A federal judge held on Wednesday that the U.S. Environmental Protection Agency missed the deadline to craft plans to curb smog pollution blown into New York and Connecticut from other states and ordered the agency to propose those plans by the end of June.

  • June 13, 2018

    ​​​Feds Urged To Steer Autonomous Vehicle Infrastructure

    Local transportation agency chiefs and researchers told a U.S. Senate panel Wednesday that the federal government’s lead on coordinating investment and fine-tuning regulations will be crucial to getting the nation’s highway infrastructure ready for connected and autonomous vehicles.

  • June 13, 2018

    Industry Groups Ask Judge To Sink Clean Water Act Rule

    A large group of industry advocacy organizations on Tuesday urged a North Dakota judge to strike down a controversial Obama-era rule defining the Clean Water Act’s reach.

  • June 13, 2018

    Contractor Says 2nd Ave. Subway Station Delays Not Its Fault

    A contractor on a New York City Second Avenue subway station project has filed a state court petition against a Metropolitan Transportation Authority subsidiary alleging a decision that denied its bid for additional compensation improperly blamed it for delays, ignored important evidence and violated its due process rights.

  • June 13, 2018

    Romania Says EU Court Decision Moots $4.4B Mining Claim

    Romania has told international arbitrators they can't hear a Canadian mining company's $4.4 billion claim over a delayed gold and silver project because a recent, groundbreaking court decision slammed the door on certain investment arbitration cases involving European Union members, according to a brief published late Tuesday.

  • June 12, 2018

    MACH Gen Gets Del. Court Nod For $10M DIP Draw

    Bankrupt commercial power producer New MACH Gen LLC secured access to the first half of a proposed $20 million bankruptcy financing loan Tuesday, under a Delaware Chapter 11 reorganization plan that would take two of the company’s three current plants to a confirmation hearing on July 23.

  • June 12, 2018

    Puerto Rico Investors Cry Foul Over Sales Tax Revenue Deal

    Investors holding general obligation debt issued by Puerto Rico's government are pushing for tweaks to a pending settlement proposed to resolve a bitter fight between creditors over billions worth of sales tax collections, saying the currently proposed split is unacceptable.

  • June 12, 2018

    Blackfeet's $471M Water Deal Inches Toward Finish Line

    The Blackfeet Nation and the U.S. Department of the Interior nudged closer Tuesday to the finish line of a deal that will resolve decades of litigation over Blackfeet water rights and provide the tribe with $471 million from the federal government and the state of Montana.

  • June 12, 2018

    Ex-Oil Co. VP Fights SEC Disgorgement Bid Over EB-5 Scam

    A former official at Luca International Group LLC accused of helping perpetrate a $68 million Ponzi-esque scheme involving the EB-5 immigrant investor program told a California federal judge on Monday that she doesn’t owe authorities disgorgement and civil penalties, saying she was clueless as to the alleged securities violations.

  • June 12, 2018

    DC Circ. Backs FERC Changes To PJM Grid Payment Plan

    The D.C. Circuit on Tuesday affirmed Federal Energy Regulatory Commission orders modifying how regional grid operator PJM Interconnection pays participants in its wholesale electricity markets for helping relieve congestion on the grid, rebuffing pleas from challengers including state utility regulators from New Jersey and Delaware to second-guess FERC's reasoning.

  • June 12, 2018

    FERC Commissioners Deny Necessity Of Coal, Nuke Bailout

    Federal Energy Regulatory Commission members said Tuesday that there are no current national security-related grid threats that warrant propping up struggling coal and nuclear power plants, a position that puts them at odds with the Trump administration and its calls for such a bailout.

  • June 11, 2018

    2nd Circ. Urged To Seek Texas Justices' View On Sabine Case

    Nordheim Eagle Ford Gathering LLC urged the Second Circuit on Monday to reconsider its ruling that Sabine Oil & Gas Corp. could reject gas-gathering contracts after filing for bankruptcy, arguing the Texas Supreme Court must first decide whether such contracts are linked with drilling lands under state law.

Expert Analysis

  • 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.

  • Practical Considerations For Litigating Proportionality

    Elizabeth McGinn

    By incorporating an explicit requirement that discovery must be “proportional to the needs of the case,” the 2015 amendments to the Federal Rules of Civil Procedure garnered much speculation as to their impact on courts’ decision-making processes. Now that the rules have been implemented for over two years, several themes have emerged, say attorneys with Buckley Sandler LLP.

  • A Closer Look At EPA's Proposed Coal Ash Rule

    Steven Burns

    What exactly did the U.S. Environmental Protection Agency suggest in its recently introduced coal combustion residuals remand rule? Steven Burns of Balch & Bingham LLP reviews what the rule actually proposes and where those proposals come from.

  • Supporting Nontraditional Data Types In E-Discovery

    Jason Paroff

    The advancement in connected technologies and software has created an explosion of nontraditional data sources that present challenges to e-discovery practitioners. Many tools and techniques used to process traditional data may not be practical for these new data types, say Jason Paroff and Sagi Sam of Epiq.

  • The Fastest Federal Civil Court For A Decade

    Bob Tata

    Out of 94 district courts nationwide, the Eastern District of Virginia has the fastest civil trial docket in the country, now for at least the 10th straight year. The modern EDVA bench clearly takes pride in efficiently dispensing justice, and this dedication to efficiency has continued even in the face of increased filings, says Bob Tata of Hunton Andrews Kurth LLP.