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Project Finance

  • August 24, 2018

    Yetter Coleman Hires Ex-Sidley Austin Partner In Houston

    Yetter Coleman LLP has added to its ranks a partner in Houston with years of experience representing clients in the energy industry, the firm has announced.

  • August 24, 2018

    Unknowns Mute Buzz For NJ's Public-Private Partnership Law

    New Jersey’s new law aiming to encourage more public-private partnerships, or P3s, is a shiny addition to the state’s project financing toolbox, but some unknown aspects of how the process will play out has tempered some experts’ excitement over the government’s new toy.

  • August 23, 2018

    Fla. Counties Can't Block $1.15B Rail Line, DOT Argues

    The U.S. Department of Transportation and the Federal Railroad Administration told a D.C. federal court Wednesday to dump a suit by two Florida counties seeking to block the second phase of a passenger rail line connecting Miami to Orlando, arguing the DOT was within its rights to grant a $1.15 billion bond to fund the project.

  • August 23, 2018

    Shareholders Can’t Bar $6B Vectren, CenterPoint Merger Vote

    An Indiana federal judge on Wednesday declined to halt an upcoming vote on CenterPoint Energy and Vectren Corp.’s $6 billion merger, ruling that a group of shareholders failed to show a substantial likelihood that information allegedly missing from the proxy statement would have any significance on shareholder deliberations.

  • August 23, 2018

    States Urge Nationwide Injunction For EPA, Corps Water Rule

    Louisiana, Mississippi and Texas on Wednesday asked a Texas federal judge to impose a nationwide injunction on the implementation of an Obama-era water rule that the Trump administration is in the process of rolling back.

  • August 23, 2018

    4th Circ. Won't Halt $5B Pipeline Pending Permit Review

    The Fourth Circuit on Thursday rejected a bid by environmental groups to temporarily halt the construction of the $5 billion Atlantic Coast Pipeline while the court hears an appeal of the U.S. Army Corps of Engineers' approval of a project permit, saying there is no evidence the pipeline’s construction will run afoul of certain timeliness conditions. 

  • August 24, 2018

    Greenberg Traurig Nabs Government Contracts Shareholder

    Greenberg Traurig LLP has added a former Winston & Strawn LLP partner to its government contracts projects practice group, bringing extensive experience in handling disputes that arise in both the government contracts sphere and the construction and insurance industries.

  • August 23, 2018

    Sabine Wins Toss Of $1.4B LNG Plant Tax Break Claims

    A Louisiana federal judge on Thursday granted Sabine Pass Liquefaction LLC’s request to toss a claim brought by JMCB LLC on behalf of parish taxpayers over a $1.4 billion tax break for a liquefied natural gas plant, but gave JMCB an opportunity to amend its suit.

  • August 23, 2018

    Canada's High Court Nixes Bid To Halt Hot-Button Pipeline

    The Supreme Court of Canada on Thursday rejected a British Columbia city’s effort to block construction of Kinder Morgan’s Trans Mountain Pipeline project, which was recently purchased by the Canadian government for CA$4.5 billion ($3.4 billion).

  • August 23, 2018

    Pa. Court Won't Broadly Ax Notification Rules For Frackers

    A Pennsylvania state court on Thursday refused to throw out controversial new rules on hydraulic fracturing that an industry group claimed created an improper pre-permitting regime that exceeded environmental regulators’ statutory authority, but scaled back instances of when the rules would apply.

  • August 23, 2018

    Puerto Rico Creditors Move To Halt Gov't Bank Restructuring

    Unsecured creditors in Puerto Rico's historic debt overhaul filed court papers Wednesday to block the out-of-court restructuring of $4.1 billion in debt held by the island’s Government Development Bank, saying the pending deal essentially strips the commonwealth of potentially valuable claims against the bank.

  • August 23, 2018

    Deny Enviros Quick Win In Alaska Land Swap Suit: DOI

    The U.S. Department of the Interior has urged an Alaska federal court not to grant a quick win to a coalition of environmental groups challenging the agency’s approval of a land swap deal that would facilitate the construction of a road across a national wildlife refuge.

  • August 23, 2018

    TerraForm Global Wants Option To Terminate $57M Settlement

    TerraForm Global Inc., a yieldco of renewable energy giant SunEdison Inc., on Wednesday asked a New York federal court for the option to terminate a $57 million settlement reached with investors for allegedly misrepresenting SunEdison’s financial health in its initial public offering documents, saying too many investors have opted out.

  • August 22, 2018

    Level Solar Files Ch. 11 Plan Amid Calls To Convert Case

    Facing pressure to convert its bankruptcy case to a Chapter 7 liquidation, Level Solar Inc. on Tuesday rolled out a Chapter 11 reorganization plan, suggesting the embattled New York-based solar company could fully repay its creditors over the course of several years through a creditor trust.

  • August 22, 2018

    Trump Power Plant Plan Leaves 'Loophole,' Enviros Say

    The Trump administration’s proposed Clean Power Plan replacement rule includes an industry-supported revamp of a key U.S. Environmental Protection Agency air pollution program that would permit a new method of calculating power plant emissions, a change environmentalists say could lead to increased emissions and aging plants staying in operation longer.

  • August 22, 2018

    NYC Residents' L-Train Shutdown Suit Dropped

    A New York federal judge on Wednesday dismissed a suit from Manhattan and Brooklyn residents and co-ops challenging the upcoming L train shutdown after the parties reached deals dropping most of the environmental and disability rights claims in the suit.

  • August 22, 2018

    Rosneft Asks For Oversight Of Citgo Sale In $1.2B Award Row

    A Swiss unit of Russian oil giant Rosneft urged a Delaware federal judge on Wednesday to oversee Crystallex International Corp.'s sale of shares in Citgo Petroleum Corp.'s parent company to enforce its $1.2 billion arbitral award against Venezuela, saying it’s one of a "multitude" of parties potentially affected by the sale.

  • August 22, 2018

    Deals Rumor Mill: Aramco, VW, Apple

    State-run oil giant Saudi Aramco scrapped plans to list at home and abroad, Volkswagen AG recently made a bid to buy self-driving startup Aurora Innovation, and European antitrust regulators are set to approve Apple’s bid to buy Shazam.

  • August 22, 2018

    Wind Co. Claims Treasury Underpaid $4M From Grant Program

    The U.S. Department of the Treasury improperly calculated an award under an investment tax credit grant program, paying almost $4 million less for a Michigan wind project that cost almost a quarter of a billion dollars, a wind company alleged in a suit filed Wednesday in the U.S. Court of Federal Claims.

  • August 22, 2018

    Arkema Case Raises Post-Harvey Stakes For Energy Cos.

    Energy companies have braced themselves for more environmental and contractual liabilities in the year since Hurricane Harvey drenched Houston and the Texas Gulf Coast, and experts say that process will take on more urgency in light of the recent indictment of Arkema North America and its senior leadership over a chemical release during the storm. This article is the fourth in a series of stories about the anniversary of Hurricane Harvey.

Expert Analysis

  • Are OCC's Reserve-Based Lending Guidelines Enforceable?

    Buddy Clark

    Following the Government Accountability Office's determination that the Interagency Guidance on Leveraged Lending did not comply with the Congressional Review Act, it would appear that the binding nature of the Office of the Comptroller of the Currency's handbook for oil and gas reserve-based loans should be similarly questioned, says Buddy Clark of Haynes and Boone LLP.

  • Tax-Friendly Docs Can Lower Renewable Energy Project Costs

    David Burton

    Many developers of renewable energy projects have experienced higher than expected transaction costs. One all-too-common reason is project documents that cause tax tensions, says David Burton of Mayer Brown LLP.

  • EPA Rule Changes Signal Divergence Of Federal, State Regs

    Benjamin Patton

    Last month, the U.S. Environmental Protection Agency published a proposed rule rolling back Obama-era requirements for facilities handling hazardous substances. Some western states, meanwhile, have strengthened their own regulations in this area. Companies now contend with accident prevention and process safety regulations that are inconsistent, say Benjamin Patton and Mary Balaster of Reed Smith LLP.

  • Series

    From Lawmaker To Lawyer: DC Isn't As Bad As You Think

    Norm Coleman

    Popular culture paints the Hill as a place teeming with intrigue, corruption and malicious intent. But in Congress I learned important lessons about respecting people and the work they do, says former Sen. Norm Coleman, R-Minn., of Hogan Lovells.

  • How Trump Will Finance Federal Real Property Projects

    Peter Terenzio

    President Donald Trump plans to facilitate much-needed federal real property projects in part through a $10 billion “mandatory revolving fund.” Although it would provide a viable mechanism for agencies to fund certain infrastructure projects, there are aspects of the revolving fund that are unknown and should be considered, say attorneys with Covington & Burling LLP.

  • BSEE Listened To Industry In Well Control Rule Revisions

    James Vines

    The U.S. Bureau of Safety and Environmental Enforcement issued its 2016 well control rule in the wake of the Deepwater Horizon disaster. The revisions it proposed last month respond to complaints that the rule failed to account for best available, economically feasible safety technologies, and set out requirements that were neutral in benefit but rendered some wells uneconomical, say attorneys with King & Spalding LLP.

  • Series

    From Lawmaker To Lawyer: 6 Things I Learned In Congress

    Charles Gonzalez

    I found that senior members of Congress didn’t have time to mentor younger members. Lawyers — though just as busy as members of Congress — cannot afford to follow this model, says former Rep. Charles Gonzalez, D-Texas, of Ogletree Deakins Nash Smoak & Stewart PC.

  • What New FWS Take Guidance Means For Permit Applicants

    Wayne Whitlock

    New guidance from the U.S. Fish and Wildlife Service clarifies when habitat modification triggers an incidental take permit, who decides whether a permit is needed and who takes the risk, creating significant implications for private project proponents considering whether to seek an incidental take permit and prepare a habitat conservation plan, say attorneys with Pillsbury Winthrop Shaw Pittman LLP.

  • Opinion

    BigLaw's Associate Salary Model Is A Relic Of A Bygone Era

    William Brewer

    Legal industry compensation practices are once again in the news as BigLaw firms continue to match the new high watermark of $190,000 for first-year associate salaries. The typical model of increasing associate salaries uniformly fails star associates, the firms they work for and, ultimately, the clients they serve, says William Brewer, managing partner of Brewer Attorneys & Counselors.

  • Growing Opportunities In NY’s Energy Storage Industry

    Danielle Mettler-LaFeir

    To meet the ambitious energy and environmental goals of New York’s Reforming the Energy Vision program, the state is putting in place policies to increase the use of energy storage — sending out a strong signal to the growing energy storage industry to invest in New York, says Danielle Mettler-LaFeir of Barclay Damon LLP.