Project Finance

  • February 5, 2018

    Shutdown Looming, FERC Downplays Pipeline's GHG Impact

    Federal Energy Regulatory Commission staff on Monday finalized a court-ordered analysis of downstream greenhouse gas emissions from a $3.5 billion natural gas pipeline to Florida that downplayed their environmental impact, three days after the pipeline's owners urged the agency to quickly reissue construction certificates to avoid a shutdown.

  • February 5, 2018

    Ex-NY Lobbyist Tells Jury Life Of Thieving Led To Plea

    Todd Howe, the disgraced lobbyist whose testimony prosecutors hope will lead to the corruption convictions of a former top aide to New York Gov. Andrew Cuomo and three businessmen, told a Manhattan jury Monday that he stole roughly $1 million from Whiteman Osterman & Hanna LLP before he was fired in 2016.

  • February 5, 2018

    15 Tribes Urge Wash. Gov. To Stop LNG Project Construction

    More than a dozen Native American tribes in the Northwest urged Washington state Gov. Jay Inslee on Friday to put construction of a liquefied natural gas plant on hold, arguing the typical regulatory process was passed over.

  • February 5, 2018

    Don't Let Pipeline Co. Take Land, 4th Circ. Told

    Virginia landowners on Friday urged the Fourth Circuit to bar Mountain Valley Pipeline LLC from taking properties for its project, saying a lower court's ruling setting conditions on that possession won't sufficiently protect landowners while they challenge the constitutionality of the Federal Energy Regulatory Commission's eminent domain authority.

  • February 5, 2018

    Verizon's Super Bowl Ad Points To Competing 911 Networks

    Verizon’s heartstring-tugging TV advertisements that aired Sunday night during the Super Bowl praised first responders, but they also subtly plugged emergency network expansion and hinted at a policy agenda as the FirstNet public-private partnership shapes up.

  • February 5, 2018

    Keep Tribes’ Bears Ears Case In DC, Native Groups Say

    A coalition of five tribes has told the D.C. District Court that it should reject the federal government’s bid to transfer to Utah a case challenging President Donald Trump’s decision to slash the size of Bears Ears National Monument, arguing it was a national dispute and properly in the capital.

  • February 5, 2018

    Warburg Pincus Invests $300M In Oil And Gas Explorer

    Private equity firm Warburg Pincus LLC is providing $300 million of equity financing to oil and gas exploration and production company Ridge Runner Resources LLC, the company said Monday.

  • February 5, 2018

    Trump's Enviro Picks: White Out, Wheeler Up

    Kathleen Hartnett White, President Donald Trump’s controversial pick to lead the White House’s Council on Environmental Quality, withdrew her name from consideration on Sunday, but Andrew Wheeler, Trump’s choice to serve as the U.S. Environmental Protection Agency’s second-in-command, will have his nomination considered anew on Wednesday.

  • February 5, 2018

    Sunoco Appeals Halt To Pa. Pipeline Construction

    The Pennsylvania Department of Environmental Protection overstepped its authority when it halted construction last month on the controversial Mariner East 2 pipeline, developer Sunoco Pipeline LP charged in an appeal filed Friday before the state’s Environmental Hearing Board.

  • February 2, 2018

    Major Alaska Lease Sale Should Be Quashed, Enviros Say

    A coalition of environmental groups filed suit in Alaska federal court against the U.S. Department of the Interior on Friday alleging it didn’t look closely enough at the environmental consequences of conducting an expanded oil and gas lease sale for the National Petroleum Reserve in Alaska.

  • February 2, 2018

    FERC Pressed To Keep Fla. Pipeline Running

    A $4 billion natural gas pipeline project asked the Federal Energy Regulatory Commission on Friday to quickly reissue certificates to the companies running the Southeastern U.S. project so they can keep operating when a two-day-old D.C. Circuit ruling takes effect Feb. 7.

  • February 2, 2018

    Eversource Says NH Hydropower Rejection Was Improper

    Northeastern utility provider Eversource believes a New Hampshire regulator acted improperly when it denied the company’s seven-year effort to build power lines and transmission infrastructure through the state to deliver Canadian hydropower energy to Massachusetts.

  • February 2, 2018

    DOE Can't Lift Freeze On Uranium Leasing Program

    A federal judge on Friday refused to lift an injunction on a U.S. Department of Energy uranium mining program in southwestern Colorado, saying the department has first to consult with the U.S. Fish and Wildlife Service on estimates of the likely annual water usage of the mines.

  • February 2, 2018

    Mass. Health Boards Raise Concerns Over Potential Pipelines

    Dozens of Massachusetts health boards pressed Gov. Charlie Baker on Friday to evaluate the impact that any new hydraulic fracturing gas infrastructure in the state would have not just on the environment but on human health.

  • February 2, 2018

    Winston & Strawn Grabs 8 Energy Attys From Norton Rose

    Winston & Strawn LLP has brought aboard eight energy and infrastructure lawyers from Norton Rose Fulbright, whose work covers mergers and acquisitions, project development, finance, energy trading and enforcement, and who include a pair of former practice heads, the firm said Thursday.

  • February 2, 2018

    High Court Could Rein In ESA's Reach In Frog Habitat Fight

    The U.S. Supreme Court recently agreed to hear a timber company's challenge to the U.S. Fish and Wildlife Service's decision to designate a swath of private property as "critical habitat" for an endangered frog, a move some experts say could lead to the high court limiting the government's power to protect land under the Endangered Species Act.

  • February 2, 2018

    FERC Wrongly Denied Grid Auction Challenges, DC Circ. Says

    The D.C. Circuit on Friday said the Federal Energy Regulatory Commission didn't do enough to explain why it rejected challenges by power producers to electricity auction rule changes made by regional grid operator ISO New England and sent FERC's denials back to the agency for a redo.

  • February 2, 2018

    K&L Gates Nabs Mills Oakley Infrastructure Duo In Melbourne

    K&L Gates LLP has added two projects and infrastructure partners from Mills Oakley to its ranks in Melbourne, one of whom advised Spanish energy company Elecnor SA on one of Australia’s biggest solar projects and the other with experience advising on billion-dollar transportation infrastructure deals.

  • February 1, 2018

    NYC Contractor Beats Union Challenge, To Sell Biz In Ch. 11

    Bankrupt construction contractor Advanced Contracting Solutions Inc. can sell its assets to a competitor for $22 million, a New York bankruptcy court said Wednesday, rejecting arguments that the sale was a “secret agreement” aimed at skirting the same union obligations that brought ACS down in the first place.

  • February 1, 2018

    Pipeline Developer Can't Take Land Yet, Va. Judge Says

    A Virginia federal judge on Wednesday said Mountain Valley Pipeline LLC can’t act immediately to possess nearly 300 properties in the state for a natural gas pipeline, saying more information on their worth was needed before the company could move forward.

Expert Analysis

  • Series

    40 Years Of FCPA: The Siemens Lesson — Tillerson Is Right

    solmssen.jpg

    Since its whopping $800 million Foreign Corrupt Practices Act settlement in 2008, Siemens cleaned up — and it has “cleaned up” in its long-standing competition with General Electric. How? As Secretary of State Rex Tillerson reportedly told President Donald Trump, you don’t need to pay bribes to succeed in international business, says Peter Y. Solmssen, former general counsel of Siemens.

  • Series

    40 Years Of FCPA: The Rise In International Enforcement

    Scarboro.jpg

    The 2008 Siemens matter — then the largest sanction ever imposed in a Foreign Corrupt Practices Act enforcement action — set the stage for future cross-collaboration in global anti-corruption enforcement, say Cheryl Scarboro, former chief of the FCPA Unit at the U.S. Securities and Exchange Commission, and Diana Wielocha of Simpson Thacher & Bartlett LLP.

  • New Burma Act Would Hinder US Investment In Myanmar

    Geoffrey Atkins

    Some experts estimate that the Burmese military controls up to 50 percent of the country’s economy, and that an additional 20 percent is controlled by individuals and entities targeted under separate sanctions programs. As a practical matter, enactment of the Burma Act of 2017 would mean that a significant portion of Myanmar's economy would be off-limits to U.S. investors, say members of Ropes & Gray LLP.

  • Series

    40 Years Of FCPA: Highlights From The 1st Corporate Trial

    Robert Feldman

    The Foreign Corrupt Practices Act case of U.S. v. Harris Corp. was tried in March 1991 — so long ago that pretty much only the parties and counsel remember it. With a smile, I’ve just about given up correcting people who say their case is "the only FCPA case ever to be tried,” says Robert Feldman of Quinn Emanuel Urquhart & Sullivan LLP.

  • Series

    40 Years Of FCPA: The Strange Case That Started It All

    Burton Wiand

    At the U.S. Securities and Exchange Commission in April 1978, we filed a case against Page Airways and envisioned the trial of a precedent-setting enforcement action that would have defined Foreign Corrupt Practices Act standards at an early stage. Instead, the matter was settled under circumstances that I am sure are unique in SEC history, says Burton Wiand of Wiand Guerra King PA.

  • Opinion

    We Need A Green Amendment

    Maya van Rossum

    Instead of pleading with lawmakers to do the right thing, constitutional amendments would elevate environmental rights to the status of our most cherished liberties, says Maya van Rossum, leader of the Delaware Riverkeeper Network and director of the Environmental Law Clinic at Temple’s Beasley School of Law.

  • FERC Passive Interest Order May Streamline Approvals

    Seth Lucia

    The Federal Energy Regulatory Commission recently clarified that it will not treat certain passive tax equity interests in public utilities as voting securities that require transaction approval pursuant to the Federal Power Act. But firms may continue to file for approval out of an abundance of caution, say attorneys with Bracewell LLP.

  • The Billing Evolution: How Far Along Is Your Firm?

    Sharon Quaintance

    In a recent study, 20 out of 25 law firms surveyed have made billing process improvement a top priority for 2018. Firms can foster consistency and increase efficiency at all stages of their billing cycle by focusing on a few specific procedures, say Sharon Quaintance and Christine Indiano at HBR Consulting.

  • 10 Tips For Effective Practice Before The 5th Circ.

    Justin Woodard

    The Fifth Circuit is among the busiest federal circuit courts in the country. What can you do to increase your chances of reaching oral argument? And if given the opportunity, how can you present a persuasive argument? Former Fifth Circuit clerk Justin Woodard, an associate at Jones Walker LLP, shares some advice.

  • Series

    Judging A Book: Saris Reviews 'Locking Up Our Own'

    Judge Patti Saris

    Having just completed a six-year term as chair of the U.S. Sentencing Commission, I read Yale Law School professor James Forman's new book, "Locking Up Our Own: Crime and Punishment in Black America," with particular interest, says Judge Patti Saris, chief judge for the U.S. District Court for the District of Massachusetts.