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Project Finance

  • July 24, 2018

    Climate Tort Litigation: An Early Scorecard

    States, cities and counties across the U.S. have launched a wave of suits seeking to hold fossil fuel companies accountable for climate change-related infrastructure damage. The results so far: two dismissals and one suit remanded from federal to state court. Here's a recap of recent major climate tort decisions and what to watch for next.

  • July 24, 2018

    Trustee Flags Oil & Gas Co.'s Ch. 11 Plan For Releases

    The Office of the U.S. Trustee objected Monday to the confirmation of oil and gas exploration company Enduro Resource Partners LLC's Chapter 11 plan, arguing the liability releases are too broad and cover too many parties.

  • July 24, 2018

    Minn. Mine Missed Ch. 11 Lease Deadline, Del. Judge Rules

    Investors who bought a bankrupt Minnesota iron ore mine last year lost their right to about a third of the company's original mining area late Monday, under a Delaware bankruptcy court ruling that the company’s hold ended with a missed Chapter 11 plan deadline.

  • July 24, 2018

    Utilities, Navajo Co. Reach $45M Deal Over Coal Contract

    A Navajo Nation-owned energy company has reached a $45 million deal to settle arbitration it brought against several utilities in a contract battle over their refusal to use coal from a Navajo mine for the Four Corners Power Plant in New Mexico, a firm representing the Navajo company said Tuesday.

  • July 24, 2018

    FERC Asks DC Circ. To Reject Atlantic Sunrise Rate Challenge

    The Federal Energy Regulatory Commission has urged the D.C. Circuit to reject a challenge by New York and North Carolina utility regulators to certificates for three pipeline projects, including the $2.65 billion Atlantic Sunrise project, arguing that the agency approved the pipelines’ initial shipping rates in line with the Natural Gas Act.

  • July 24, 2018

    How Mammoth Student Loans Are Dogging Today's Lawyers

    Six-figure student debt is fast becoming the norm for newly minted attorneys, a reality that's taking a toll on everything from job hunting to psychological well-being.

  • July 24, 2018

    DuPont Reaches $3.1M Settlement Over Fatal 2014 Gas Leak

    DuPont has come to a $3.1 million settlement with the Environmental Protection Agency over violations of the Clean Air Act that led to an accident at its La Porte, Texas, chemical production facility in 2014 that left four workers dead from exposure to a toxic chemical.

  • July 23, 2018

    NY Settles Disabled Access Claims Over L Train Shutdown

    A coalition of Manhattan and Brooklyn residents and organizations opposing New York’s plan to close the L train line between the two boroughs agreed to drop all claims related to transit access for disabled people after the state promised to add elevators along the route, a lawyer for the coalition said Monday.

  • July 23, 2018

    Long-Shot Bill Tees Up Carbon Tax As Election Yardstick

    Federal carbon tax legislation introduced Monday by Rep. Carlos Curbelo, R-Fla., is likely dead on arrival on Capitol Hill, but experts say the bill highlights growing support of the idea and could emerge as a key metric for voters assessing congressional candidates in this fall's midterm elections.

  • July 23, 2018

    Bankrupt Power Co. Cleared To Spin Off Plant, Cut $95M Debt

    Talen Energy affiliate New Mach Gen LLC secured confirmation of its prepackaged Chapter 11 without a single short circuit Monday, gaining clearance for a plan to spin off one of its three power plants to a lender and reduce the remaining company’s debt load by $95 million.

  • July 23, 2018

    Enviros To Take $546M Duke Cleanup Fight To NC High Court

    The Sierra Club told the North Carolina Utilities Commission on Monday that it intends to appeal to the state Supreme Court the regulator's decision to allow Duke Energy Carolinas LLC to receive about $546 million from customers to recover coal ash cleanup costs it incurred in recent years, before penalties are imposed.

  • July 23, 2018

    Is The Grass Greener On The Solo Side?

    Long hours. Financial stress. Unpredictable clients. These lawyers say they've found their calling.

  • July 23, 2018

    Canada Uses NAFTA To Fight Trump's Solar Panel Tariffs

    The Canadian government launched a North American Free Trade Agreement challenge to the Trump administration's safeguard duties on solar panels Monday, asserting that the tariffs were imposed illegally.

  • July 23, 2018

    2nd Circ. Won't Sink EPA Cooling Water Rule

    The Second Circuit on Monday upheld the U.S. Environmental Protection Agency’s rule requiring power plants and manufacturers to minimize damage to aquatic life caused by pulling in water from lakes, rejecting challenges from power industry and environmental groups.

  • July 20, 2018

    Law360's Satisfaction Survey: By The Numbers

    Being a lawyer is not easy. But among private practice attorneys, in-house counsel and government lawyers, who's feeling the greatest pressure in finances and stress? Law360's 2018 Lawyer Satisfaction Survey provides a snapshot.

  • July 20, 2018

    The Least-Stressed Attorneys In A Stressed-Out Profession

    Law360's 2018 Lawyer Satisfaction Survey shows that when it comes to career and overall well-being, one type of firm is a lawyer's happy place — at least relatively speaking.

  • July 20, 2018

    DC Circ. Finds EPA's Exceptional Events Rule Can Stand

    The D.C. Circuit on Friday upheld a U.S. Environmental Protection Agency rule for so-called “exceptional events,” like wildfires and volcanic eruptions, rejecting environmental advocates’ contention that the rule would let the agency write off human-caused pollution as natural activity.

  • July 20, 2018

    NEPA-Deficient Uranium Mine License Wrongly Kept: DC Circ.

    The D.C. Circuit ruled Friday that the U.S. Nuclear Regulatory Commission wrongly allowed Powertech to keep a uranium mining license after failing to comply with the National Environmental Policy Act over objections from the Oglala Sioux Tribe, holding that such a decision “vitiates” the environmental law’s requirements.

  • July 20, 2018

    House Panel Wants To Grill Puerto Rico Gov. On PREPA Crisis

    The U.S. House Committee on Natural Resources asked the governor of Puerto Rico on Thursday to send an administration official to speak at an upcoming panel hearing on mismanagement at the island's troubled electric utility, the Puerto Rico Electric Power Authority, amid mass turnover at the top.

  • July 20, 2018

    Baltimore Sues Chevron, Others Over Climate Change

    The city of Baltimore on Friday added its name to a growing list of local governments that have filed suit against Chevron, BP and a slew of other energy companies accusing them of contributing to climate change that is causing sea level rise, extreme weather and other problems of concern to a city with 60 miles of waterfront.

Expert Analysis

  • Impediments To Legal Industry's 'Inevitable' Future: Part 2

    Craig Levinson

    I agree with the legal pundits speculating that NewLaw’s present and future disruptors will radically change the legal services industry, but that change may not come quite as rapidly as predicted. Regardless, now is the time for both the incumbents and the challengers to best position themselves for the eventual shakeup, says Craig Levinson, founder of Levity Partners.

  • Impediments To Legal Industry's 'Inevitable' Future: Part 1

    Craig Levinson

    Legal pundits continue to make predictions that newer entrants into the industry — NewLaw firms, the Big Four and alternative legal service providers — will progressively seize greater amounts of market share from traditional law firms. But the BigLaw response has been underwhelming at best, and a glimpse at the market forces puts its lack of urgency into perspective, says Craig Levinson, founder of Levity Partners.

  • FCPA Enforcement Activity In Early 2018: Part 2

    Collmann Griffin

    The first quarter of 2018 was above average in terms of Foreign Corrupt Practices Act investigations closed by U.S. regulators without enforcement. But the government may return to more assertive enforcement in the future — and companies and individuals may still face liability long after the "completion" of any misconduct, says Collmann Griffin of Miller & Chevalier Chtd.

  • FCPA Enforcement Activity In Early 2018: Part 1

    Collmann Griffin

    Enforcement of the Foreign Corrupt Practices Act was relatively slow during the first quarter of 2018, with only three fairly low-value corporate enforcement actions announced between January and March of the year. But the announced second quarter settlements and likely future dispositions suggest that 2018 still may be an active year overall for FCPA enforcement, says Collmann Griffin of Miller & Chevalier Chtd.

  • Opinion

    We Need A Federal Plan To Combat Sea Level Rise

    Michael Parker

    Climate resiliency measures to abate future disasters in coastal cities like Boston need to be taken now to avoid disasters and save hundreds of billions of dollars in the future. But climate change needs a master plan; it cannot be left to thousands of cities to coordinate efforts — that is what our federal system is for, says Michael Parker of Rackemann Sawyer & Brewster.

  • Opinion

    Why Widespread Use Of Live Video Testimony Is Not Justified

    Geoffrey Wyatt

    Despite the partiality some courts have shown to live video testimony, it provides no advantages — and several disadvantages — over the tried-and-true method of videotaped depositions, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • Opportunity Zones Come Knocking In Virginia

    Jenny Connors

    One of the benefits of the Tax Cuts and Jobs Act — tax incentives for investments in qualified opportunity zones — is undeniable, particularly in Virginia. However, given the 2026 recognition deadline, taxpayers should consider making investments by year's end to take full advantage of the tax incentive’s deferral and exclusion opportunities, says Jenny Connors of Williams Mullen.

  • Series

    Judging A Book: Wallach Reviews 'Uncivil Warriors'

    Judge Evan Wallach

    "Uncivil Warriors: The Lawyers' Civil War," by Peter Hoffer, is a new book about the involvement of lawyers on both sides in the American Civil War. The discussion is enlightening and often fascinating, but falls short in several key areas, says Federal Circuit Judge Evan Wallach.

  • BigLaw Blogs In A Post-GDPR Marketing Universe

    Stephan Roussan

    Connecting with potential prospects is now more challenging due to the EU General Data Protection Regulation, meaning that law firm microsites, blogs and social media will become more valuable than ever. The firms that deploy them strategically will increase their relative visibility and accelerate the rebuilding of their opt-in distribution lists, says Stephan Roussan of ICVM Group.

  • How We Got Here: A Look Back At Trailblazing Women In Law

    Jill Norgren

    Today's female lawyers stand on the shoulders of several generations of pioneers. Here, historian Jill Norgren explains how the status of women in the legal profession has changed since the 1870s.