Project Finance

  • November 28, 2017

    Landowners Urge Neb. To Rethink Keystone XL Approval

    Nebraska landowners have asked the state’s utility regulators to reconsider their recent decision approving a section of TransCanada Corp.’s Keystone XL oil pipeline, arguing that the company’s application only asked for approval of its “preferred route,” which was rejected, not the “mainline alternative route” that was approved.

  • November 28, 2017

    NY Nuke Subsidy Plan Is Legally Sound, AGs Tell 2nd Circ.

    Attorneys general from eight Democratic-leaning states, including New York, on Monday threw their support behind the Empire State’s plan to subsidize struggling nuclear power plants, telling the Second Circuit that the program is well within states’ authority to address air quality issues and doesn’t intrude upon federal electricity regulation.

  • November 28, 2017

    Mistras Wants Redo Of Jury’s $7.4M Award In Pipeline Row

    Mistras Group Inc. on Monday asked a Georgia federal judge for a new trial in an attempt to undo a $7.37 million jury award to AGL Services Co. in its suit alleging that the contractor provided poor radiological services for a pipeline project, arguing that testimony in Mistras’ favor was improperly barred.

  • November 28, 2017

    ND Can’t Challenge EPA Drilling Waste Deal At DC Circ.

    A D.C. Circuit panel ruled Tuesday that just the possibility of adverse regulation isn’t enough to permit North Dakota to intervene in court and challenge a consent decree with environmental groups under which the U.S. Environmental Protection Agency agreed to review and potentially update drilling waste disposal rules.

  • November 27, 2017

    Pension Funds Slam Contractor's Bid For $135M DIP Loan

    A group of employee pension funds urged a New York bankruptcy court on Monday to reject a construction contractor's request for $135 million in debtor-in-possession financing, saying the proposed creation of a new superpriority lien may preclude their ability to collect on a $76 million judgment against the company.

  • November 27, 2017

    Paragon Shareholders Fight For Committee In Units' Ch. 11

    The fight for appointment of an official equity committee in the tangled bankruptcy case for some of Paragon Offshore’s drilling subsidiaries heated up Monday, with the shareholder pushing for its formation accusing the debtor of trying to whisk away value that belongs to equity holders.

  • November 27, 2017

    Cobra Continues Push To Toss Revised $18M Award

    Spanish construction firm Cobra Infraestructuras Hidraulicas SA continued its push to vacate an award in favor of an Italian engineering and construction firm, telling a Florida federal court Friday that the decision by the International Chamber of Commerce’s arbitration court to reduce the initial $23 million award by more than $5 million does not remove the alleged deficiencies in how it was determined.

  • November 27, 2017

    Mich., Enbridge Ink Deal To Fix Oil Pipeline Amid Review

    Michigan Gov. Rick Snyder said Monday that he has brokered a deal with Enbridge Inc. to bolster the safety of an aging oil pipeline as the state mulls its long-term future amid concerns from environmental groups, local tribes and regulators that a spill could foul the Great Lakes and other waterways.

  • November 27, 2017

    Justices Asked To Hear Tribal Land Condemnation Case

    A New Mexico utility has urged the U.S. Supreme Court to hear its bid to overturn a Tenth Circuit ruling that the company couldn’t condemn land for a power line because the Navajo Nation held an interest there, saying the decision could hamper infrastructure around the country.

  • November 27, 2017

    4 States Push 10th Circ. To Rethink Fracking Rule Decision

    Four states have asked the Tenth Circuit to allow them to file an additional court document supporting their request for the court to revisit its rejection of their challenge to an Obama-era hydraulic fracturing rule for federal and Native American lands.

  • November 27, 2017

    Venezuela, Crystallex Deal OK'd In $1.2B Mine Row

    Venezuela and the bankrupt Crystallex International Corp. secured a Canadian court’s approval Friday for a settlement resolving their dispute over a $1.2 billion arbitral award issued to the company over the government’s expropriation of a gold mine.

  • November 27, 2017

    DC Circ. Backs NRC Approval Of DTE Energy's Nuke Project

    The D.C. Circuit on Monday rejected an anti-nuclear power group's challenge to the U.S. Nuclear Regulatory Commission's approval of utility DTE Energy Co.'s plans to construct a new nuclear reactor at its Fermi plant in Michigan, saying the NRC's decision was legally sound.

  • November 27, 2017

    Statoil Pays $1.45B For Total Oil, Gas Assets In Norway

    Statoil said Monday it will take over Total SA’s interest in Norwegian oil and gas field assets for $1.45 billion, as the seller looks to make changes following the acquisition of an exploration and production company from A.P. Moller-Maersk Group.

  • November 22, 2017

    Conn. Seeks Quick Win In Plant-Pollution Suit Against EPA

    Connecticut and two environmental groups have moved for quick wins in a suit alleging the U.S. Environmental Protection Agency didn’t timely act on the state’s petition asking the agency to stop pollution from a Pennsylvania coal-fired power plant from blowing in the state’s direction.

  • November 22, 2017

    Railroads Claim Clause Derails Entire Amtrak Metrics Law

    Freight railroads have slammed the government’s bid to have the D.C. Circuit preserve a federal statute allowing Amtrak to set performance and scheduling standards along the nation's passenger railways, saying trimming an arbitration provision in the law wouldn't suddenly make it constitutionally valid.

  • November 22, 2017

    Enviros' Keystone XL Suits Can Proceed, Judge Says

    A Montana federal judge on Wednesday refused to nix a pair of suits challenging the revival of the Keystone XL pipeline, saying that the federal government can't evade environmental challenges simply because President Donald Trump delegated permitting authority for the controversial project to the U.S. Department of State.

  • November 22, 2017

    4 Tips For Young Enviro Attorneys

    Students and early-career attorneys looking to carve out a career in environmental law face a competitive marketplace and a legal landscape that’s in flux thanks to the Trump administration’s commitment to rolling back regulations, but experts say there are several ways for up-and-coming environmental lawyers to gain traction in the field.

  • November 22, 2017

    Trump's Energy Plans Still Hamstrung By EPA, DOI Vacancies

    President Donald Trump has made rolling back energy and environmental regulations to boost energy development a priority. But 10 months into his presidency, there are still plenty of vacancies in politically appointed positions at agencies responsible for carrying out the deregulatory push.

  • November 21, 2017

    DC Circ. Rebuffs Bid To Block New Detroit-Canada Bridge

    The D.C. Circuit rejected a bid by the private owners of the Ambassador Bridge to invalidate the approval of a new public span between Detroit and Canada, ruling Tuesday that Michigan and federal officials acted within their authority and that Congress never promised the company permanent exclusivity or profitability.

  • November 21, 2017

    SEC Sues Long Island Town, Ex-Official For Securities Fraud

    The U.S. Securities and Exchange Commission on Tuesday hit the Long Island town of Oyster Bay and its former top elected official with a securities fraud suit alleging that they concealed from investors the town’s indirect guarantees of more than $20 million in private loans to a local businessman who ran concessions and restaurants at town facilities.

Expert Analysis

  • Clean Water Act Challenges To Pipeline Projects: Part 1

    Joel Beauvais

    Pipeline development in the United States is increasingly contentious, with states using Section 401 of the Clean Water Act to push back against new projects. The relevant statutory framework and recent court and Federal Energy Regulatory Commission decisions will continue to provide fertile ground for litigation, say Joel Beauvais and Janna Chesno of Latham & Watkins LLP.

  • Force Majeure During Construction — Are You Ready?

    David Strickland.jpg

    Lawyers spend considerable time defining the scope of force majeure events and associated relief mechanisms in construction agreements, but often move onto the next deal after contracts are signed. It is important to stay involved, and be prepared for issues that may arise during project execution, say David Strickland III and Michelle Northcutt of King & Spalding LLP.

  • Navigating Numerical Models In Environmental Litigation

    Marcia Greenblatt

    Numerical models provide a powerful tool to quantify complex flow, sediment and contaminant transport behavior in environmental litigation, but they can be complicated and resource-intensive. Marcia Greenblatt of Integral Consulting shares insights on working with technical experts to navigate multiple models and how to best apply numerical models in litigation.

  • NY Commercial Division Rule Changes Promote ADR Use

    Christopher Palermo

    Recent rule changes in the Commercial Division of the Supreme Court of New York are the latest of several efforts made to foster greater use of mediation and to institutionalize alternative dispute resolution, says Christopher Palermo, a litigation partner at Bleakley Platt & Schmidt LLP who serves on the Commercial Division Advisory Council.

  • FERC Order Signals States Can't Delay Pipeline Rulings

    James Bowe Jr.

    Last month, the Federal Energy Regulatory Commission ruled that the New York State Department of Environmental Conservation waived its authority under the Clean Water Act by failing to either issue or deny a water quality certificate for a gas pipeline within the statutory time frame. The order signals that FERC will not countenance state inaction on pipeline projects, say attorneys with King & Spalding LLP.

  • The Law Firm CFO’s Role In The Strategic Planning Process

    Tyler Quinn

    Today's law firm chief financial officer should be involved in many areas beyond traditional financial management, including operations, risk management and information technology. He or she can support strategic planning throughout the process, from development of the plan to its implementation, measurement and eventual evolution, say Tyler Quinn and Marc Feigelson of Kaufman Rossin PA.

  • Enviro Rights: What's The Public Trust Role In Pa.?

    Philip Hinerman

    The Pennsylvania Supreme Court's recent decision in Pennsylvania Environmental Defense Foundation v. Commonwealth of Pennsylvania has changed the discussion about the state’s so-called environmental rights amendment. Philip Hinerman and Adam Cutler of Fox Rothschild LLP examine issues raised in the case, such as what it means to be a public trustee, and the positions various groups are taking.

  • Financial Crisis Anniversary

    New Post-Recession Metrics For BigLaw Partner Success

    Peter Zeughauser

    After nearly a decade of recession-accelerated change in the legal industry, “merit-based” compensation has largely come to mean measuring attorney success using some combination of origination and working attorney hours metrics. However, there are signs that the real impact of the recession is still around the corner, and that building a book isn’t enough, says Peter Zeughauser of Zeughauser Group.

  • Deciding The Forum For 'Waters Of The US' Suits

    Joel Beauvais

    Last week the U.S. Supreme Court heard oral argument in National Association of Manufacturers v. U.S. Department of Defense. During argument, the balance of questions seemed to favor the industry and state petitioners arguing in favor of district court jurisdiction for suits challenging the Clean Water Rule, says Joel Beauvais of Latham & Watkins LLP.

  • Applying Delaware Contract Law To LPA Safe Harbors

    Darren Kaplan

    The Delaware Chancery Court's opinion in Morris v. Spectra Energy provides a road map for the litigation of safe-harbor provisions in limited partnership agreements and invites close review by both private fund litigators and drafters of Delaware LPAs, says Darren Kaplan of Stueve Siegel Hanson LLP.