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Project Finance

  • September 28, 2018

    Feds Urge DC Circ. Not To Touch Amtrak Metrics Ruling

    The federal government told the D.C. Circuit on Friday there's no need to review a split panel's July decision reinstating a federal statute allowing Amtrak to help set performance and scheduling standards along the nation's railways, saying any due process concerns were sufficiently resolved.

  • September 28, 2018

    Level Solar's Ch. 11 Bankruptcy Needs Trustee, Judge Says

    A New York bankruptcy judge on Friday decided to keep Level Solar Inc.’s contentious bankruptcy in Chapter 11 but appointed a trustee to manage the estate, saying both decisions are in the best interest of the creditors.

  • September 28, 2018

    Trio Of Rulings Gives States More Zero-Carbon Leeway

    The Second Circuit on Thursday concluded a state's clean energy incentive program doesn't intrude on federal authority over wholesale electricity markets, joining two other rulings that will encourage states to craft aggressive policies to boost zero-carbon power within their borders, experts say.

  • September 28, 2018

    Chancery Nixes Boardwalk Pipeline Class Deal, $1.8M Fee

    A Delaware vice chancellor on Friday rejected a class settlement with Boardwalk Pipeline Partners LP in a suit challenging aspects of a public-unit buyout by Boardwalk’s general partner, saying that public investors got too little from a deal that raised too many questions.

  • September 28, 2018

    Taxation With Representation: Simpson, Cleary, Choate

    In this week’s Taxation with Representation, Sirius XM bought Pandora Media for $3.5 billion, Michael Kors Holdings bought Versace for $2.12 billion, a Digital Realty Trust subsidiary bought Ascenty Holdings for $1.8 billion, and Consolidated Edison bought a U.S. renewable energy unit from Sempra Energy for $1.5 billion.

  • September 27, 2018

    EPA Finalizes Fee Structure For Chemical Control Efforts

    The U.S. Environmental Protection Agency on Thursday finalized a new fee structure expected to raise $20 million for its Toxic Substances Control Act programs, the last of four framework rules the agency was required to promulgate to implement 2016 amendments to the law.

  • September 27, 2018

    Enviros Sue To Nix Utah, Colo. Oil And Gas Lease Sales

    A coalition of environmental groups on Thursday filed suit against the Bureau of Land Management asking the court to nix three recent oil and gas lease sales for land in Colorado and Utah that they say were conducted without the proper environmental analysis for an area “with unhealthy ozone levels.”

  • September 27, 2018

    Construction Co. In BP Suit Pushes Legal Malpractice Claims

    Two Louisiana attorneys must still face legal malpractice claims because an August order disposing of those allegations did not in fact eliminate all of them, an Arkansas construction company said Wednesday in litigation linked to the BP Deepwater Horizon oil rig disaster.

  • September 27, 2018

    Enviros Sue To Undo Okla. Coal Ash Permit Plan

    Environmental groups on Wednesday filed suit against the U.S. Environmental Protection Agency, accusing it of improperly approving Oklahoma's coal ash permit plan despite provisions that allegedly didn't allow sufficient public participation and others that conflicted with a recent court ruling.

  • September 27, 2018

    Carrier Says Fed Law Blocks Bid To Dismantle Rail Facility

    Rail carrier Rock & Rail LLC on Wednesday urged a Colorado federal judge to prevent a group of Colorado businesses and property owners from using local laws to dismantle a $70 million intermodal rail facility, arguing that federal, not state law, governs the facility's operations.

  • September 27, 2018

    Turkish Construction Co. Seeks To Confirm $17M Award In DC

    A Turkish construction company asked a D.C. federal court on Wednesday to confirm an arbitration award of approximately $16.6 million, plus interest, against the Kyrgyz Republic and its transportation ministry for delays related to a road rehabilitation project.

  • September 27, 2018

    Radisson Claims Rival Paid $5M To Break Franchise Deals

    Radisson Hotels slapped a breach of contract lawsuit in Washington federal court against its rival, Red Lion Hotels, accusing it of deliberately interfering with the former’s existing contracts with nine franchisees by promising them loans as well as $5 million in upfront payments.

  • September 27, 2018

    Public Utilities Face Constant Cyberthreat, Experts Say

    Public utilities across the U.S. are facing a torrent of potential cyberattacks from foreign state-backed hackers, and though water, energy and electric systems stack up defenses to stem the tide, experts say sophisticated attackers still can find a way in.

  • September 27, 2018

    2nd Circ. Upholds NY Nuke Plant Subsidies

    The Second Circuit on Thursday upheld subsidies offered by New York state to prop up struggling nuclear power plants, joining the Seventh Circuit in concluding that such subsidies don't usurp Federal Energy Regulatory Commission authority over wholesale electricity markets.

  • September 26, 2018

    Power Cos. Strike Deal To Keep Ga. Nuke Project Alive

    The owners of the Vogtle nuclear power plant project in Georgia on Wednesday agreed to continue its construction, a decision reached after protracted eleventh-hour squabbling over how to share development costs threatened to scuttle the oft-delayed project that has been plagued by billions in cost overruns.

  • September 26, 2018

    NY Court Clears MTA In $20M Row Over 2nd Ave Subway

    A New York state appeals court, without providing additional reasoning, on Tuesday affirmed a decision dismissing a complaint against the Metropolitan Transportation Authority seeking no less than $20 million in damages for economic loss due to construction on the Second Avenue subway.

  • September 26, 2018

    Akin Gump Brings Back Energy-Focused Atty From K&L Gates

    Akin Gump Strauss Hauer & Feld LLP has announced that a project development and finance attorney with experience working on solar, wind and other renewable energy efforts has rejoined the firm as a partner from K&L Gates LLP and will work out of its Los Angeles office.

  • September 26, 2018

    NJ's McManimon Scotland, Trenk DiPasquale To Merge

    New Jersey firms McManimon Scotland and Baumann LLC and Trenk DiPasquale Della Fera & Sodono PC are joining under the first shop’s banner on Oct. 1, the firms said Wednesday, describing a union that will specialize in project finance, corporate reorganization and complex commercial litigation.

  • September 26, 2018

    EPA Floats Revision Of Emissions Monitoring Regs

    The U.S. Environmental Protection Agency aims to revamp Clinton-era requirements on how fossil fuel power plants and other facilities in the eastern U.S. monitor nitrogen oxide emissions as part of ozone-reduction efforts, according to a proposed rule to be published Thursday in the Federal Register.

  • September 25, 2018

    Enviros Ask 4th Circ. To Nix Army Corps’ $5B Pipeline Permit

    Environmental groups told the Fourth Circuit on Monday that the U.S Army Corps of Engineers was wrong to grant a permit for the $5 billion Atlantic Coast Pipeline, saying it is clear the project did not receive requisite state water quality approvals and that certain aspects of construction would take longer than allowed.

Expert Analysis

  • Series

    Clerking For Ginsburg: A Superhero Supreme

    Burden Walker

    As a clerk for Justice Ruth Bader Ginsburg, my job was to mirror my boss’ views and values in everything I did. Years later, I find that I am still striving to live up to the values Justice Ginsburg instilled in me, as both a lawyer and a spouse, says Burden Walker, an assistant U.S. attorney for the District of Maryland.

  • Series

    Clerking For Ginsburg: 4 RBG Lessons On Having It All

    Rachel Wainer Apter

    Justice Ruth Bader Ginsburg is everything she is cracked up to be​ — f​eminist icon​, brilliant jurist​, fierce dissenter. She is also an incredible boss, mentor and friend.​ ​Her advice has shaped how I have tried to balance building a career and ​raising children, says Rachel Wainer Apter, counsel to the New Jersey attorney general.

  • Opportunity Zones Abound But Investors, Tread Carefully

    David Levy

    Opportunity zones, created under 2017’s Tax Cuts and Jobs Act, have the potential to be a powerful driver of investment activity in low-income communities throughout the U.S. But in order to benefit from the program’s capital gains tax exemption, investors must comply with a complex and somewhat unclear set of rules. Attorneys at Skadden Arps Slate Meagher and Flom LLP provide the details.

  • Series

    Clerking For Ginsburg: How To Play The Long Game

    Arun Subramanian

    One of us was a clerk when Justice Ruth Bader Ginsburg read her Ledbetter dissent from the bench, inviting Congress to act, and the other clerked a few years later, when RBG's prominently displayed copy of the Lilly Ledbetter Fair Pay Act served as a daily reminder that dissents are not just for show, say Arun Subramanian and Mark Musico of Susman Godfrey LLP.

  • Series

    Clerking For Ginsburg: In Pursuit Of Precision

    Trevor Morrison

    As clerks for Justice Ruth Bader Ginsburg, we learned early on that, when preparing a memorandum or draft opinion, it was essential to present any opposing argument in its strongest possible light. There is a lesson here for today's public debates, says Trevor Morrison, dean of NYU Law School.

  • Series

    Clerking For Ginsburg: My RBG Guide To Judging

    Goodwin Liu

    I clerked for Justice Ruth Bader Ginsburg before the days of RBG bobbleheads and “You Can’t Spell Truth Without Ruth” T-shirts. I had no idea I would become a judge, and I feel lucky every day that I had the chance to learn from her, says California Supreme Court Justice Goodwin Liu.

  • Series

    Clerking For Ginsburg: 4 Things I Learned

    Judge John Owens

    A lot has changed since I clerked for Justice Ruth Bader Ginsburg 20 years ago. At that time, I had hair and no wife. I also thought I knew everything — but working for the justice made me realize very quickly that I actually knew very little, says Ninth Circuit Judge John Owens.

  • Series

    Clerking For Ginsburg: The Equality Lessons

    Margo Schlanger

    In 1993, Ruth Bader Ginsburg was confirmed to the U.S. Supreme Court, and I began my two-year clerkship with her. In her first opinion as a justice, and in dozens since, Justice Ginsburg reminded us how the law needs to operate if equality is to be a reality, says Margo Schlanger, a professor at the University of Michigan Law School.

  • 6 Trends Will Shape Future International Commercial Disputes

    Cedric Chao

    The world of international litigation and arbitration tends to move slowly — however, I expect the pace of change to accelerate in the coming decade as six trends take hold, says Cedric Chao, U.S. head of DLA Piper's international arbitration practice.

  • The Future Of Authenticating Audio And Video Evidence

    Jonathan Mraunac

    The recent emergence of artificial intelligence-based technology has prompted serious concerns about the future integrity of recordings. Attorneys must think critically about standards for authenticating audio and video evidence as well as legislative and regulatory safeguards to discourage pervasive manipulation and forgery, says Jonathan Mraunac of Ogletree Deakins Nash Smoak & Stewart PC.