Project Finance

  • 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.

  • November 14, 2017

    8th Circ. Nixes DAPL Protesters' Bid To Block Police Tactics

    The Eighth Circuit on Tuesday affirmed a North Dakota federal judge's dismissal of a bid by Dakota Access pipeline protesters to block police from using excessive force when responding to civil protests, saying there's no evidence the lower court abused its discretion in denying the protesters' injunction bid.

  • November 14, 2017

    Judge Reverses Confirmation Of €128M Award Against Spain

    A New York federal judge on Monday granted the Spanish government’s request to nix the confirmation of a €128 million ($151 million) arbitral award to two foreign companies in a dispute with Spain over renewable energy subsidies, pointing to two recent Second Circuit decisions.

  • November 14, 2017

    Pause $2.2B Nexus Pipeline, Enviros Urge DC Circ.

    The Sierra Club asked the D.C. Circuit on Monday to pause the $2.2 billion Nexus gas pipeline while the Federal Energy Regulatory Commission considers its challenge to the project, saying the commission hasn’t proven a public benefit and that allowing it would cause its members irreparable environmental harm.

Expert Analysis

  • Why You Should Consider Hyperlinking Your Next Brief

    Christine Falcicchio

    The shift to electronic filing has somewhat eased the task of reviewing briefs and their supporting files. An e-brief takes e-filing to the next level, says Christine Falcicchio, a principal at Strut Legal Inc.

  • Asian-Americans Facing Challenges In The Legal Industry

    Goodwin Liu

    Asian-Americans are the fastest-growing minority in the legal profession, but recent studies confirm their underrepresentation among partners, prosecutors, judges and law school administrators. We must take action, say Goodwin Liu, associate justice of the California Supreme Court, and Ajay Mehrotra of the American Bar Foundation.

  • A BigLaw Ladies’ Guide To Becoming A 1st-Chair Trial Lawyer

    Sarah Rathke

    Judge Shira Scheindlin recently published an op-ed in The New York Times discussing the statistical truth that law firms have poor representation of female attorneys as first-chair trial lawyers. Backed by data collected by the New York State Bar Association, Judge Scheindlin’s observation is not merely anecdotal. But it doesn’t have to be inevitable, says Sarah Rathke, a partner and trial lawyer at Squire Patton Boggs LLP.

  • 5 Tips To Ensure Proper Deposition Behavior

    Brian McDermott

    If conducted properly, depositions can be a powerful tool. At times, though, opposing counsel employ tactics to impede the examiner’s ability to obtain unfiltered, proper testimony from the deponent. By knowing and effectively using applicable rules and case law, however, deposing attorneys can take specific steps to combat these tactics, say attorneys with Ogletree Deakins Nash Smoak & Stewart PC.

  • Series

    Judging A Book: Tunheim Reviews 'Miles Lord'

    Chief Judge John Tunheim

    Litigator Roberta Walburn’s rollicking new book, "Miles Lord: The Maverick Judge Who Brought Corporate America to Justice," is a really good read — a fascinating story about a life lived in the heat of battle and usually at the edge of what might have been considered appropriate for a federal judge, says Chief U.S. District Judge John Tunheim of the District of Minnesota.

  • Technology Assisted Review Can Work For Small Cases

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    For as long as e-discovery lawyers have been using technology assisted review, a belief has persisted that it cannot be used economically or effectively in small cases. But TAR can be highly effective in small cases, typically reducing the time and cost of a review project by 60 to 80 percent, say John Tredennick, Thomas Gricks III and Andrew Bye of Catalyst Repository Systems LLC.

  • New Sedona Principles Stress Information Governance

    Saffa Sleet

    The Sedona Conference Working Group's updated Sedona Principles provides a timely reminder that the legal industry needs to be thinking more seriously about the interconnectedness between e-discovery and information governance, says Saffa Sleet of FTI Consulting Inc.

  • IRS Rejection Of Renewable Energy Tax Credits Is Puzzling

    Abraham Shashy

    The U.S. Internal Revenue Service recently denied claims by tax equity investors for renewable energy tax credits, claiming the investors had effectively attempted to purchase the credits. Curiously, the IRS did so without deciding whether, for U.S. federal tax purposes, the investors were partners, the venture was a partnership or the transaction had economic substance, say attorneys with King & Spalding LLP.

  • Opinion

    For More Value And Diversity In Outside Counsel, Go Small

    Sara Kropf

    Albert Einstein famously said, “The definition of insanity is doing the same thing over and over again, but expecting different results.” That maxim applies to large companies that seek more value and diversity from their outside counsel by expecting big firms to change. There’s a simple solution to this problem, according to attorneys Margaret Cassidy, Sara Kropf and Ellen D. Marcus.

  • The Role Legal Finance Can Play In Firm Year-End Collections

    Travis Lenkner

    Payment collection delays have caused law firms to seek new options, one of which is litigation finance. In this context, litigation finance can offer alternative avenues to firms as they approach the end of a fiscal year or partnership distribution dates, says Travis Lenkner of Burford Capital LLC.