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Project Finance

  • September 5, 2018

    Ill. Energy Co. Says US Treasury Owes For Solar Grant

    A subsidiary of energy company Invenergy LLC launched a complaint Tuesday in the U.S. Court of Federal Claims, alleging the U.S. Department of the Treasury withheld more than $500,000 in grant money related to the construction and operation of a $70 million solar facility in Illinois.

  • September 5, 2018

    Local Gov'ts Want In On Fight Over Fuel Economy Rollback

    A coalition of local governments including those of New York, Chicago and Los Angeles has asked the D.C. Circuit for permission to participate in a challenge led by California to the U.S. Environmental Protection Agency's bid to revisit certain Obama-era greenhouse gas emission standards for cars and light trucks.

  • September 5, 2018

    Ukraine Says Russian Energy Co. Can't Enforce $112M Award

    Ukraine urged the D.C. Circuit to toss Russian energy company PAO Tatneft's bid to enforce a $112 million arbitral award it won following the forced 2007 seizure of a Ukrainian oil refinery, saying an exception to sovereign immunity doesn't apply in this instance.

  • September 5, 2018

    Enviros Urge Judge Not To Freeze Clean Water Rule Decision

    Environmental groups asked a South Carolina federal judge to reject the federal government’s request that he delay the effect of his ruling that cleared the way for implementation of Obama-era water regulations.

  • September 5, 2018

    Batch Of Akin Gump Attys Leave To Launch New Moscow Firm

    A group of now former Akin Gump Strauss Hauer & Feld LLP attorneys comprising roughly half the firm's Moscow office have decided to strike out on their own to form a new law firm based in the Russian capital in light of trans-Atlantic "geopolitical tensions," the group said Wednesday.

  • September 4, 2018

    3rd Circ. Bats Down Permit Challenge To $1.9B Pa. Pipeline

    The Third Circuit on Tuesday declined to review Pennsylvania’s preliminary approval of a Williams Partners LP division’s Atlantic Sunrise pipeline project, asserting the court’s right to hear federal pipeline appeals and ruling that the Delaware Riverkeeper Network, Sierra Club and others had failed to make a case for appealing the state’s decision.

  • September 4, 2018

    Withers Lands Ex-Bryan Cave Arbitration Pro In NY

    Withers LLP has nabbed a former Bryan Cave Leighton Paisner LLP attorney to lead its international arbitration team in the United States, bolstering its New York offerings with her experience representing clients in industries including hospitality, infrastructure, energy, insurance and pharmaceuticals, according to a Tuesday announcement.

  • September 4, 2018

    EPA Can't Escape Gold King Mine Claims, Court Told

    New Mexico, Utah and the Navajo Nation have blasted the U.S. Environmental Protection Agency's efforts to shake their claims stemming from the 2015 Gold King Mine spill, accusing the agency of trying to ditch liability for the contaminated water release despite promising to take full responsibility.

  • September 4, 2018

    CPP Case Delays Must End, Supporters Tell DC Circ.

    Clean Power Plan supporters urged the D.C. Circuit on Tuesday to finally decide the merits of the rule, arguing that the Trump administration doesn't deserve any more time to craft a potential replacement, especially since what's been proposed by the U.S. Environmental Protection Agency is weaker than the CPP itself.

  • September 4, 2018

    Mass. Top Court Says Emission Caps Apply To Electric Cos.

    Massachusetts' highest court ruled Tuesday that electricity companies operating in the state are subject to caps on greenhouse gas emissions, hastening state policy goals on global warming for a second time since they were enacted a decade ago.

  • September 4, 2018

    FERC Nixes Calif. Agencies' Transparency Push For PG&E

    The Federal Energy Regulatory Commission on Friday rejected a complaint by several California agencies alleging Pacific Gas and Electric Co. wrongly used an internal, private process to justify some expenditures and a proposed rate increase, saying the assets and expenditures at issue aren't covered by FERC's transparency rules.

  • September 4, 2018

    King & Spalding Steers Transocean’s $2.7B Ocean Rig Buy

    King & Spalding LLP-represented Transocean Ltd. has inked a roughly $2.7 billion cash and stock agreement to absorb international offshore drilling contractor Ocean Rig UDW Inc., which was guided by Seward & Kissel LLP, the companies said on Tuesday.

  • September 4, 2018

    PE-Backed Flywheel Buys Southwestern Shale Biz For $1.9B

    Natural gas exploration and production company Southwestern Energy Co. on Tuesday said it inked a roughly $1.87 billion cash deal to sell its Fayetteville, Arkansas, shale business, along with some midstream gathering assets, to private equity-backed Flywheel Energy LLC.

  • August 31, 2018

    Army Corps Backs DAPL Enviro Review In Row With Tribes

    The Dakota Access Pipeline will have no significant impact on the environment, the U.S. Army Corps of Engineers told a D.C. federal judge Friday, in a court-ordered review spurred by Native American tribes’ legal challenges it its decision to approve the project.

  • August 31, 2018

    What Attys Need To Know About FirstNet's Status

    A $45 billion public-private partnership aimed at launching a resilient public safety broadband network is now in the build-out stages, but there are still many unanswered questions about how FirstNet should be designed in order to be a useful backup for first responders’ communications in times of emergency. Here are the key aspects of FirstNet's current status.

  • August 31, 2018

    Texas High Court To Hear $27.7M Drilling Contract Dispute

    The Texas Supreme Court on Friday said it would review an appellate ruling that wiped out a $27.7 million judgment against Carrizo Oil & Gas Inc. in a drilling farmout agreement dispute.

  • August 31, 2018

    Trump Taps EPA Region Head To Lead Chemical Safety Office

    President Donald Trump on Friday tapped the U.S. Environmental Protection Agency's regional administrator for New England to lead the agency's chemical safety office, taking another shot at filling the post after his previous nominee's candidacy ran aground amid Senate opposition over his industry ties.

  • August 31, 2018

    8 Supreme Court Cases Energy Lawyers Should Watch

    There's plenty to pique the interest of energy lawyers when the U.S. Supreme Court gets back to work in September, as the justices mull cases that, among other things, could further define the scope of the federal government's Clean Water Act authority and its jurisdiction over public lands. Here are eight energy-related cases and petitions to watch in the new term.

  • August 31, 2018

    DC Circ. Won't Pause $3.5B Mountain Valley Pipeline Work

    The D.C. Circuit on Thursday refused to pause work on the $3.5 billion Mountain Valley gas pipeline while tribal officials and environmentalists fight the Federal Energy Regulatory Commission's decision approving the project.

  • August 31, 2018

    Taxation With Representation: Sidley, Skadden, Norton

    In this week’s Taxation with Representation, Apollo Global Management bought Aspen Insurance in a $2.6 billion deal, Stryker acquired all the outstanding shares of K2M for $1.4 billion, and Eclipse Resources and Blue Ridge Mountain Resources merged in a $1.4 billion deal.

Expert Analysis

  • DC Circ. Set A Higher Bar For Hydro License Renewal

    Walker Stanovsky

    On July 6, the D.C. Circuit torpedoed a hydroelectric license renewal issued in 2013 because the Federal Energy Regulatory Commission and the U.S. Fish and Wildlife Service did not consider environmental damage already caused by the project. In doing so, the court rejected FERC’s long-standing practice of using existing conditions and operations as an environmental baseline, say attorneys at Davis Wright Tremaine LLP.

  • What Kavanaugh's Writing Tells Us About His Personality

    Matthew Hall

    People with certain personality traits tend to use certain words. A computer analysis of Judge Brett Kavanaugh’s D.C. Circuit opinions reveals that he is highly extraverted, which means that he would be a prominent voice on the U.S. Supreme Court, says Matthew Hall, a professor at the University of Notre Dame.

  • Opinion

    3 Pros, 3 Cons Of Litigation Finance

    Ralph Sutton

    An educated guess puts the number of new litigation funders launched in the past 18 months at 30 — an astonishing number, with more to come. Is this a blessing to our legal system or something more akin to tulip mania? Maybe both, says Ralph Sutton, founder and CEO of litigation funding firm Validity Finance LLC.

  • Modern Communication Brings E-Discovery Challenges

    Thomas Bonk

    As new communications platforms displace email, the legal industry is awkwardly grappling with complex e-discovery questions. Fortunately, this environment provides a very fertile ground of incentives for innovation in both e-discovery technology and service offerings, says Thomas Bonk of Epiq.

  • Opinion

    It's Not All About The Benjamins, Baby (Lawyer)

    J.B. Heaton

    Notwithstanding the latest salary war among prominent law firms, I urge my middle-aged and older colleagues to help the recent graduates we know focus on the long term. Even if the salary is the same, there is a big difference between an institutional firm and the relatively younger firms matching BigLaw, says J.B. Heaton, a University of Chicago business law fellow and former partner at Bartlit Beck.

  • Investment Tax Credit Guidance Means Sunny Days For Solar

    Jon Nelsen

    Notice 2018-59, issued last month by the Internal Revenue Service, confirms that standards and safe harbors previously defined for wind energy projects can be used with solar energy projects. Project sponsors can now act with greater certainty in making solar investments, say Jon Nelsen, Michael Didriksen and Peter Farrell of Baker Botts LLP.

  • Series

    Judging A Book: Hood Reviews 'Lawyering From The Inside Out'

    Judge Denise Hood

    Law professor Nathalie Martin's new book, "Lawyering From the Inside Out: Learning Professional Development Through Mindfulness and Emotional Intelligence," can be of value to any lawyer aiming to achieve greater productivity, relieve the stress of the legal profession and focus on goals, says U.S. District Chief Judge Denise Page Hood of the Eastern District of Michigan.

  • A Path To New York's Energy Storage Goal

    Danielle Mettler-LaFeir

    New York state's recently issued Energy Storage Roadmap identifies the actions and initiatives that can help New York meet its energy storage goal of 1,500 megawatts by 2025. Danielle Mettler-LaFeir of Barclay Damon LLP looks at the road map’s recommendations and the opportunities they create.

  • 3 Top E-Discovery Case Law Lessons Of 2018 (So Far)

    Casey Sullivan

    The blockbuster e-discovery cases, with big sanctions and bigger controversies, have been few and far between this year. But that doesn’t mean the legal questions around e-discovery have been answered. Let’s take a closer look at three cases worthy of our attention, says Casey Sullivan, an attorney at discovery technology provider Logikcull.

  • Following The Tax Map To Deduct Loan Commitment Fees

    Mark Leeds

    The deduction for interest as a business expense was substantially limited by last year’s revision of IRC Section 162(c). But last month's IRS chief counsel memo has advised that borrowers in lending transactions can deduct unused commitment fees and provides taxpayers with a road map for structuring transactions to avoid the new limitations, say Mark Leeds and Brennan Young of Mayer Brown LLP.