Project Finance

  • November 17, 2017

    FERC Finds Utilities' Tax Recording Could Affect Rates

    Utilities have incorrectly recorded income tax overpayments as prepayments for the next year even though they elected to receive refunds, according to a Federal Energy Regulatory Commission report issued Thursday, which flagged other accounting errors that may have affected certain consumer billings.

  • November 17, 2017

    Landowners Ink $11M Deal In Royalty Fight With Exxon Unit

    Pennsylvania landowners on Thursday told a Pennsylvania federal court that they’ve reached an $11 million settlement to end claims that an Exxon Mobil Corp. subsidiary bilked them out of royalties they were owed under oil and gas lease agreements without the company admitting to any wrongdoing. 

  • November 16, 2017

    Calif. Agencies Lose FERC Complaint Over PG&E Rate Hikes

    The Federal Energy Regulatory Commission rejected a complaint Thursday brought by a group of California agencies alleging Pacific Gas and Electric Co. failed to justify a proposed rate increase, finding the agencies did not meet pleading requirements under the Federal Power Act.

  • November 16, 2017

    Keystone Leaks 210K Gallons With Permit Decision Pending

    With a key permitting decision scheduled to come from Nebraska utility regulators Monday, the Keystone pipeline spilled 5,000 barrels, or 210,000 gallons, in northeastern South Dakota on Thursday, TransCanada Corp. said in a statement.

  • November 16, 2017

    EPA, Corps Seek To Delay Water Rule Until At Least 2020

    The U.S. Environmental Protection Agency and U.S. Army Corps of Engineers on Thursday proposed postponing by two years the effective date of an Obama-era rule defining the federal government’s jurisdiction under the Clean Water Act.

  • November 16, 2017

    States, Enviro Groups Slam EPA Emissions Rule At DC Circ.

    Conservation, industry and state groups told a D.C. Circuit panel Thursday that the Environmental Protection Agency acted unlawfully and arbitrarily when it decided to allow emissions trading to be used to meet regional haze reduction targets, rather than requiring pollution sources like power plants to install pollution reduction technologies.

  • November 16, 2017

    DOE Grants Cross-Border Permit For $1.6B Transmission Line

    The U.S. Department of Energy on Thursday approved a presidential permit for a proposed $1.6 billion transmission line crossing the U.S.-Canada border that would move hydroelectric power from Quebec to New Hampshire, clearing a major federal regulatory hurdle for a project first proposed in 2010.

  • November 16, 2017

    Kasowitz Bows Out Of $28M Ampal Adversary Case

    Kasowitz Benson Torres LLP received permission Thursday to bow out of adversary litigation in the bankruptcy of energy investment holding company Ampal-American over a $28 million judgment linked to a project to make ethanol from sugarcane in Colombia.

  • November 16, 2017

    National Fuel, NY Battle Over Pipeline At 2nd Circ.

    National Fuel Gas Supply Corp. and New York state’s environmental watchdog on Thursday clashed before a Second Circuit panel over whether the agency was right to deny a water quality certification to the company for a proposed $455 million natural gas pipeline.

  • November 16, 2017

    FERC Stands By Pipeline Approval, NY Permit Override

    The Federal Energy Regulatory Commission on Thursday refused to reconsider its approval of a Millennium Pipeline Co. LLC pipeline to feed a gas-fired power plant, a day after reaffirming New York's environmental regulators blew a statutory one-year deadline to issue a Clean Water Act permit for the project.

  • November 15, 2017

    Venezuela Shakes Arbitration Over 2 Glass Plant Seizures

    A U.S. glassmaker can’t get satisfaction in an arbitration against Venezuela over the country’s expropriation of two production plants, according to a tribunal that found it didn’t have jurisdiction over the dispute because Venezuela had denounced the convention under which the claims had been filed.

  • November 15, 2017

    Puerto Rico Creditors Denied Bid For Separate Debt Probe

    There will be only one investigation into the origins of Puerto Rico's crippling debt crisis, a federal judge ruled Wednesday, shutting down a creditor committee's effort to conduct its own probe into some of the island's biggest banks but saying their input should be part of a federal board's ongoing inquiry.

  • November 15, 2017

    EPA Unveils Some Ozone Info After Enviro Lawsuit Threat

    The U.S. Environmental Protection Agency on Wednesday identified more than 2,000 counties in the U.S., as well as tribal lands, that meet ozone standards set in 2015, weeks after environmentalists threatened to sue the agency for blowing a statutory deadline to publish the list.

  • November 15, 2017

    Senate Confirms Ex-Coal Exec For Mine Safety Post

    The U.S. Senate on Wednesday confirmed a former coal executive who was President Donald Trump's pick to serve as the nation's top mine safety regulator on a strict party-line vote.

  • November 15, 2017

    SandRidge Energy Inks $746M Deal For Bonanza Creek

    SandRidge Energy has agreed to snap up the previously bankrupt oil exploration and production company Bonanza Creek Energy in a cash-and-stock deal worth roughly $746 million, the companies jointly announced Wednesday.

  • November 15, 2017

    Westinghouse, Ex-Workers Told To Consolidate Complaints

    A New York bankruptcy judge on Wednesday told Westinghouse Electric Co. LLC and former employees at its canceled project to build two new nuclear reactors in South Carolina to come up with a plan to consolidate the former workers' suits against the company over lack of sufficient notice of the project's closure.

  • November 15, 2017

    Enviros Urge 9th Circ. To Revive Wind Farm Challenge

    A conservation group has asked the Ninth Circuit to overturn a lower court decision tossing claims that the Bureau of Indian Affairs violated environmental law in approving a lease between a wind farm developer and a California tribe, saying the agency failed to do enough to protect golden eagles and other birds.

  • November 14, 2017

    Puerto Rico Gov. Touts Sovereignty In $95B Aid Request

    The governor of Puerto Rico was ardent Tuesday in telling members of Congress that the hurricane-weary and debt-ridden territory will be a model of transparency as it seeks to receive nearly $95 billion in federal aid to help chart its own course on the path to recovery.

  • November 14, 2017

    DOJ Vows To Prosecute Activists Who Damage Pipelines

    The U.S. Department of Justice said last week that protesters who damage oil pipelines will be prosecuted to the full extent of the law, but the agency did not specify whether charges for environmental activists would include domestic terrorism.

  • November 14, 2017

    Cenovus Sells Stake In Oil Recovery Operation For $738M

    Canadian integrated oil company Cenovus Energy Inc. said Monday it is selling its majority stake in a Weyburn-carbon-dioxide enhanced oil recovery operation to Whitecap Resources Inc. for CA$940 million (US$738 million), the fourth deal of its kind that Cenovus has inked since September.

Expert Analysis

  • How Autonomous Vehicles Will Transform Our Cities

    Christopher Boll

    Local governments and businesses must prepare for the disruptions that will hit their communities with the advent of autonomous vehicles. In the not-so-distant future, rules and regulations will change, methods for transporting people and goods will shift, and the way communities are designed, planned and built will be drastically altered, says Christopher Boll of Foley & Lardner LLP.

  • 2 Del. Decisions Bring Practice Points For MLP Planners

    Thomas Mullen

    Two recent decisions by the Delaware courts — Brinckerhoff v. Enbridge Energy and Morris v. Spectra Energy — underscore the importance for a master limited partnership sponsor to avail itself fully of the latitude provided by the Delaware Revised Uniform Limited Partnership Act to privately order the affairs of the MLP, say attorneys with Potter Anderson & Corroon LLP.

  • Self-Collection In E-Discovery — Risks Vs. Rewards

    Alex Khoury

    As judges become better educated about the complexities of collecting electronically stored information, in particular the inefficacy of keyword searching, they are increasingly skeptical of self-collection. And yet, for many good reasons (and a few bad ones), custodian self-collection is still prevalent in cases of all sizes and in all jurisdictions, says Alex Khoury of Balch & Bingham LLP.

  • 4 Ways Law Firms Can Help Battle Addiction

    Link Christin

    With more than a third of lawyers showing signs of problem drinking, and untold others abusing prescription drugs and other substances, it is time for law firms to be more proactive in addressing this issue, says Link Christin, executive director of the Legal Professionals Program at Caron Treatment Centers.

  • A Law Firm Guide To Helping Victims Of Human Trafficking

    Sarah Dohoney Byrne

    Unlike victims of many crimes, human trafficking survivors often have complicated legal problems related to the experience of being trafficked — everything from criminal records to custody disputes to immigration obstacles. Many law firms already provide assistance in these areas and can easily transition resources and expertise, says Sarah Dohoney Byrne of Moore & Van Allen PLLC.

  • Renewable Energy In The Age Of Trump

    Andrew Bell

    The same rhetoric from the Trump administration that mobilized coal country voters has worried renewable energy advocates. However, there are four areas where the current administration's policies could have a lasting effect on renewable energy development, say Andrew Bell and Reed McCalib of Marten Law PLLC.

  • Can Trump's Infrastructure Order Speed Up Enviro Reviews?

    Felicia Barnes

    As President Donald Trump's recent executive order aimed at improving the environmental review and permitting process is implemented over the next few months, project sponsors will start to see how much it will improve the process. But there will likely be limits to how much relief the order can provide, says Felicia Barnes of Hunton & Williams LLP.

  • Diversity In The Legal Profession — A Stubborn Vision

    Robert Grey

    At the Leadership Council on Legal Diversity, we want to see, as founding member and Microsoft chief legal officer Brad Smith once stated, “a legal profession as diverse as the nation we serve.” We are not there yet — far from it — but we are beginning to put some numbers on the board, says Robert Grey, president of the Leadership Council on Legal Diversity.

  • Opinion

    New Salary History Laws Crimp Attorney Hiring Process

    Fredric Newman

    In prohibiting employers from asking potential hires about their previous salaries, lawmakers seek to "level the playing field." But there are real problems with the practicality, legality and enforceability of many of the salary history laws, says Fredric Newman, a founding partner of Hoguet Newman Regal & Kenney LLP.

  • Protecting The Privacy Of Privileged Internal Investigations

    Donna Fisher

    Despite the fact-dependent nature of privilege, complicated by the diversity of approaches across jurisdictions, corporations can take effective measures to best protect confidential attorney-client communications and attorney work product relating to internal investigations, say attorneys with Pepper Hamilton LLP.