Project Finance

  • February 26, 2018

    Lawsuit Over Trump's 2-For-1 Regulation Order Tossed

    A D.C. federal judge tossed out a complaint Monday from public interest groups fighting President Donald Trump’s executive order to repeal two federal regulations for each new one issued, ruling the groups had failed to show how the order would harm them.

  • February 26, 2018

    NJ Justices Probe Lien Holder Standing In Development Suit

    The New Jersey Supreme Court suggested Monday that a holder of tax liens on a neighboring property could have standing to challenge plans for an industrial campus on an adjacent parcel, tackling what a state appellate panel has said is an issue of first impression for state courts.

  • February 26, 2018

    Libya Says Odebrecht Lost $97M Construction Arbitration

    Libya said it has prevailed in a $97 million arbitration initiated by Brazilian conglomerate Odebrecht SA after certain infrastructure projects it was working on were suspended by the North African nation in 2011, the same year dictator Moammar Gadhafi was ousted in an uprising.

  • February 26, 2018

    Deals Rumor Mill: Boeing, Sydney Motorway, Ceva Logistics

    Boeing will reportedly have a majority stake in a possible joint venture with Embraer, pension funds have set their sights on the builder of an Australian infrastructure project, and Ceva Logistics is looking to list publicly by this summer.

  • February 26, 2018

    Infrastructure Plan Not Shorting Broadband: White House

    The White House released a fact sheet Friday apparently intent on dispelling criticism that President Donald Trump’s plan to direct $200 billion in federal dollars to infrastructure projects earmarks no money specifically toward expanding broadband internet access, even in rural areas where broadband deployment is already lacking.

  • February 26, 2018

    Forest Service, BLM Wrongly OK'd Pipeline, Enviros Say

    The Sierra Club, The Wilderness Society and other conservation groups on Saturday urged the Fourth Circuit to undo approvals that the U.S. Forest Service and the Bureau of Land Management gave Mountain Valley Pipeline LLC for its planned natural gas pipeline.

  • February 26, 2018

    5th Circ. Pressed To Undo Louisiana Oil Pipeline Block

    Developers of a crude oil pipeline connected to the controversial Dakota Access pipeline on Monday appealed to the Fifth Circuit a Louisiana federal judge's decision to block its construction while she considers challenges to the project and urged the lower court to put its ruling on hold during an appeal.

  • February 23, 2018

    Enviros Ask 4th Circ. To Suspend $3.5B Gas Pipeline Permit

    Environmental groups on Friday asked the Fourth Circuit to suspend the U.S. Army Corps of Engineers’ approval of a permit associated with the $3.5 billion Mountain Valley gas pipeline, saying the project doesn’t meet federal water quality standards.

  • February 23, 2018

    FERC Advancing Clean Energy Despite Trump's Fossil Focus

    From rejecting a power plant bailout plan to removing electricity market barriers for renewable-friendly technologies, the Federal Energy Regulatory Commission is a lone bright spot for clean energy advocates dismayed by the Trump administration's singular focus on fossil fuels, though experts say FERC's motivations are more economic than political.

  • February 23, 2018

    Perry, Zinke Call For 'Responsible' Energy, Public Land Use

    A pair of Cabinet secretaries who set the nation's energy policy called for "responsible" increases in the use of public lands, as well as changes to the nation's energy policy, saying Friday that the previous administration had stifled innovation and community growth.

  • February 23, 2018

    Top Challenges Facing Amtrak In 2018

    Amtrak is facing growing pressure to improve its spotty performance, justify its national network of routes, and modernize its systems following a string of high-profile derailments and accidents and continuing threats to its budget.

  • February 23, 2018

    Arbitrators Reject $460M Jordan Water Pipeline Row

    The Permanent Court of Arbitration on Thursday rejected Disi Water Co.'s $460 million claim against the nation of Jordan over a deal to construct a massive pipeline to move water to the country's parched capital, instead awarding Jordan damages and legal fees, a government official said.

  • February 23, 2018

    9th Circ. OKs Toss Of Tribal Water Project Row

    The Ninth Circuit on Thursday affirmed a lower court’s dismissal of a suit brought by an organization representing Montana landowners that disputes the U.S. Bureau of Indian Affairs’ control of an irrigation project, agreeing that the court did not have jurisdiction over the matter.

  • February 23, 2018

    Judge Nixes BLM's Delay Of Obama Methane Flaring Rule

    A California federal judge on Thursday lifted the U.S. Bureau of Land Management’s block of an Obama-era rule limiting methane venting and flaring from natural gas wells on public and tribal lands, saying the agency’s rationale isn’t likely to pass muster.

  • February 22, 2018

    Judge Mulls Tossing Extortion Counts Against Ex-Cuomo Aide

    The Manhattan federal judge overseeing Joe Percoco's criminal corruption trial strongly hinted Thursday that she is considering dismissing extortion counts against the former “right-hand man” to New York Gov. Andrew Cuomo accused along with three businessmen in two bribery schemes.

  • February 22, 2018

    NJ Sens. Move Bill To Raise $300M In Nuke Plant Subsidies

    A New Jersey legislative committee on Thursday released a bill that would establish a $300 million nuclear plant subsidy from ratepayers in what advocates say will ensure the viability of two Public Service Enterprise Group Inc. power plants and advance the state’s clean energy goals.

  • February 22, 2018

    Judge Tells Marlins To Cough Up Financial Info On $1.2B Sale

    A Florida judge sided with Miami-Dade County on Thursday in its dispute with the Miami Marlins, ruling that the team breached a 2009 contract for public financing of its stadium and ordering the Marlins to share with the county detailed financial information from their recent $1.2 billion sale.

  • February 22, 2018

    Feds Have To Search For More Keystone Docs, Judge Says

    A Montana federal judge on Wednesday said the federal government must take a look at what documents it has pertaining to the Keystone XL pipeline to see if it has produced everything it is required to for two suits brought by activist groups challenging the pipeline’s revival.

  • February 22, 2018

    7th Circ. Wants US Input On Ill. Nuke Subsidies

    The Seventh Circuit on Wednesday asked the U.S. government to weigh in on whether Illinois' plan to subsidize nuclear power plants usurps federal authority over wholesale electricity markets, a sign that the appeals court is still struggling to decide the issue.

  • February 22, 2018

    Energy Transfer Wants Enviros' Sanctions Bid Quashed

    The Energy Transfer entities that operate the Dakota Access pipeline urged a North Dakota federal court Wednesday not to sanction them over allegations that they didn’t do their homework before suing an environmental group they're accusing of organizing violent protests against the pipeline.

Expert Analysis

  • A Look Back At 2017's Enviro And Energy Law Developments

    Stacey Mitchell

    2017 has been a year of dramatic shift in United States energy and environmental policy. As the year draws to a close, it’s an apt time to review the key steps taken to achieve President Donald Trump’s campaign goals, assess the impacts of the administration’s actions, and postulate on what may be coming next, say Stacey Mitchell and Kenneth Markowitz of Akin Gump Strauss Hauer & Feld LLP.

  • Series

    40 Years Of FCPA: The Untold Story Of The Resource Guide

    Charles Duross

    Much has been written about the 2012 "Resource Guide to the U.S. Foreign Corrupt Practices Act," but no one has talked about the behind-the-scenes work that produced the guide — until now, say Charles Duross, former chief of the FCPA Unit at the U.S. Department of Justice, and Kara Novaco Brockmeyer, former chief of the FCPA Unit at the U.S. Securities and Exchange Commission.

  • Series

    40 Years Of FCPA: A Journey From Conviction To Dismissal

    Janet Levine

    The twist in the Lindsey Manufacturing Foreign Corrupt Practices Act case was the truncated time in which we prepared. Having refused to waive their rights to a speedy trial, our clients took control of the case — this, along with the compressed time frame, forced the government to make errors, say Janet Levine, Sima Namiri-Kalantari and Megan Weisgerber of Crowell & Moring LLP.

  • Series

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


    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


    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.