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Project Finance

  • May 29, 2018

    Power Plant Co. Warned Not To Cash $140M Iberdrola Credit

    A New York judge told a Massachusetts power plant developer Tuesday that he was inclined to halt its effort to redeem a $140 million letter of credit and let a unit of Spanish builder Iberdrola SA move forward with a related arbitration, saying the parties’ frequent trips to the courthouse looked like “wasted effort.”

  • May 29, 2018

    Baker Botts Steers Kimbell In $404M PE-Backed Royalty Deal

    Texas-based Kimbell, led by Baker Botts LLP, will snap up the mineral and royalty interests of two Haymaker units in a private equity-backed deal worth $404 million, before ditching its partnership model in light of recent tax changes, the master limited partnership said Tuesday.

  • May 29, 2018

    FERC Defends NE Pipeline, Compressor Approval At DC Circ.

    The Federal Energy Regulatory Commission on Tuesday asked the D.C. Circuit to shoot down bids to review its approval of an Enbridge Inc. unit’s natural gas pipeline project, saying its environmental review of the project and a Massachusetts compressor station were proper.

  • May 29, 2018

    Enviros Press FERC To Yank Scaled-Back GHG Review Policy

    The Delaware Riverkeeper Network on Saturday urged the Federal Energy Regulatory Commission to rescind its recently minted policy limiting its analysis of greenhouse gas emissions regarding certain pipeline projects' climate change impacts, claiming it is unlawful and was implemented in a way to shield it from legal challenges.

  • May 29, 2018

    BakerHostetler Nabs Cairncross Corporate Finance Pro

    BakerHostetler has hired a corporate finance attorney from Cairncross & Hempelmann PS for its Seattle office with a practice focused on sustainable industry, life science and other technology, the firm recently announced.

  • May 29, 2018

    Canada Offers CA$4.5B Lifeline For Kinder Morgan Pipeline

    The Canadian government said Tuesday it will buy Kinder Morgan's Trans Mountain pipeline for CA$4.5 billion [$3.45 billion] and restart construction of a controversial expansion project with the hope of flipping it to new investors, but the deal could ratchet up tensions with project skeptic British Columbia.

  • May 25, 2018

    Law360's Glass Ceiling Report, By The Numbers

    Our latest survey of the largest U.S. law firms again paints a bleak picture for female attorneys. Here’s our breakdown of the data from this year’s Glass Ceiling Report.

  • May 25, 2018

    Law360's Pro Say: Why Are All The Partners Still Men?

    Are you looking around your firm and still seeing a lot of men in leadership? On the latest episode of Law360's Pro Say podcast we discuss our annual Glass Ceiling report, which reveals little progress for women in the law, and we speak with Kerrie Campbell, an attorney who filed a high-profile gender bias suit against her firm.

  • May 25, 2018

    What Does Gender Parity In The Legal Industry Look Like?

    Law360 asked more than 40 women how we’ll know when the legal industry has achieved true gender parity. Here’s what they had to say.

  • May 25, 2018

    The Best Law Firms For Female Attorneys

    While the latest Glass Ceiling Report again shows only incremental growth for female lawyers in private practice, some firms are proving that building a more equitable profession is possible. Here are the law firms leading the way.

  • May 25, 2018

    Enviros Must Specify Water Pollution Fixes To Fla. Utility

    A Florida magistrate judge on Friday ordered environmental groups suing Florida Power & Light Co. over water pollution from its Turkey Point nuclear plant near Miami to provide the utility with specifics about what they demand the utility do to remediate the problem.

  • May 25, 2018

    Pruitt’s Slate Of EPA Regional Chiefs Leaves Enviros Fuming

    U.S. Environmental Protection Agency head Scott Pruitt recently filled the organization's last open regional administrator position, once again picking an individual who environmentalists say is too cozy with the companies he is tasked with regulating.

  • May 25, 2018

    9th Circ. Revives FOIA Suit For Federal Power Agency Docs

    The Ninth Circuit on Friday revived an environmental group's Freedom of Information Act suit seeking information from the Bonneville Power Administration, reversing a lower court's conclusion that the group lacked standing because it didn't clearly identify itself as the one filing the original FOIA request.

  • May 25, 2018

    First Quantum Exits Deal To Back Controversial Mine

    First Quantum Minerals Ltd. has backed away from a plan to invest in a controversial proposed gold and copper open-pit mine in Alaska's Bristol Bay, the parent company of the project's developer announced on Friday.

  • May 25, 2018

    Liberty Beats Pipe Co.'s Appeal Over $13.5M Coverage Loss

    The Eighth Circuit on Friday upheld a lower court's ruling that Liberty Mutual doesn't have to cover $13.5 million in expenses that a pipe maker says it incurred shifting production overseas after a 2012 fire at its plant in Little Rock, Arkansas, rejecting the manufacturer's contention that the costs were necessary to avert covered business income losses.

  • May 25, 2018

    Exxon, AGs Clash Over Speed Of Climate Probe Appeal

    ExxonMobil wants the Second Circuit to take off the fast track its appeal of the dismissal of its suit claiming the attorneys general of New York and Massachusetts conspired to violate Exxon's free speech rights on climate change issues by investigating the company, a move the prosecutors oppose.

  • May 25, 2018

    Nixon Peabody Scoops Up P3, Project Finance Pro In NY

    Nixon Peabody LLP has added a new veteran presence to its infrastructure finance practice, bringing on a former Squire Patton Boggs LLP attorney specializing in public-private partnerships and project finance to the firm’s New York office.

  • May 25, 2018

    Taxation With Representation: Davis Polk, Wachtell, Hogan

    In this week’s Taxation with Representation, Wabtec merged with General Electric’s transportation unit in an $11.1 billion deal, NextEra snapped up Southern Co.'s Florida utilities for $6.48 billion, MB Financial and Fifth Third merged in a $4.7 billion deal, and Adobe acquired Magento for $1.68 billion.

  • May 24, 2018

    EPA Extends Comment Period On Scientific Review Revamp

    The U.S. Environmental Protection Agency announced on Thursday that it is extending the public comment period on a controversial proposal to require the publication of data underlying scientific studies that are considered when promulgating regulations, and will also hold a public hearing on the matter.

  • May 24, 2018

    Global Warming Fight Heats Up As Big Oil, Cities Face Off

    The U.S. Justice Department joined Chevron, BP, Exxon Mobil and other oil companies Thursday in attacking suits by San Francisco and Oakland seeking damages for climate change-related infrastructure needs, arguing before a California federal judge that the litigation would flout congressional intent, muddle international policy and outlaw energy production.

Expert Analysis

  • Trump Infrastructure Plan: Perspectives For The P3 Market

    Lance Brasher

    Earlier this month, the Trump administration released its long-awaited infrastructure plan. The plan is generally supportive of public-private partnerships, and includes a number of specific elements that would benefit the U.S. P3 market. But it does not demonstrate where Congress will find the revenues to authorize the planned spending, say Lance Brasher and Joshua Nickerson of Skadden Arps Slate Meagher & Flom LLP.

  • 9th Circ. CWA Decision Could Pose New Compliance Risks

    Bernadette Rappold

    With the Ninth Circuit's recent decision in Hawaii Wildlife Fund v. County of Maui, environmentalists have scored a victory under the Clean Water Act that may cause a widespread re-evaluation of permitting status and engender a wave of citizen suits, says Bernadette Rappold of Greenberg Traurig LLP.

  • Series

    EPA In The Trump Era: Enforcement And Compliance Changes

    Wayne D'Angelo

    The U.S. Environmental Protection Agency’s enforcement machine does not turn on a dime, and a year of enforcement data does not establish a trend. While the first 12 months may not have cemented a new approach to enforcement and compliance, year two is as good a time as any to offer a few first impressions, says Wayne D'Angelo, former director of strategic planning and advance at the EPA and a partner at Kelley Drye & Warren LLP.

  • Stakeholders Must Act Now To Nominate Opportunity Zones

    Aileen Thomas

    The Tax Cuts and Jobs Act created a program to direct much-needed capital to low-income communities by providing significant tax benefits to investors who use qualified opportunity funds. States, which can nominate communities for designation as qualified opportunity zones until March 21, are seeking input from stakeholders, and all need to act quickly, say Jones Walker LLP partners Aileen Thomas and Jonathan Katz.

  • Series

    EPA In The Trump Era: The DOJ's 3rd-Party Payment Policy

    Raymond Ludwiszewski

    The U.S. Department of Justice's 2017 memo ending the previous administration's common practice of paying various nongovernmental, third parties as a condition of settlement with the U.S. is an important change of course that will meaningfully impact the contours of future judicial civil consent judgments with the U.S. Environmental Protection Agency, says Raymond Ludwiszewski, former EPA general counsel and partner at Gibson Dunn & Crutcher LLP.

  • Series

    EPA In The Trump Era: Settling Mandatory Duty Lawsuits

    Avi Garbow

    The U.S. Environmental Protection Agency’s 2017 "sue and settle” directive embraces a nascent process to post online notices of intent to sue, complaints and petitions for review. For some this is sufficient for planning purposes and strategic undertakings, but for others it provides interesting opportunities, says Avi Garbow, former EPA general counsel and partner at Gibson Dunn & Crutcher LLP.

  • Series

    EPA In The Trump Era: The Superfund Enforcement Initiative

    Donald Elliott

    When it comes to climate change, the U.S. Environmental Protection Agency under Administrator Scott Pruitt is undeniably less aggressive than under its immediate predecessor. However, for the current EPA, one area that sharply conflicts with this pattern is Superfund, says Donald Elliott, former EPA general counsel and chairman of the environmental practice group at Covington & Burling LLP.

  • Series

    EPA In The Trump Era: Making Sense Of Waters Of The US

    Larry Jensen

    In one of his first official acts, President Donald Trump ordered the U.S. Environmental Protection Agency to rescind and replace the Obama administration's Clean Water Rule. Regardless of the outcome of Trump’s effort, the controversy over the meaning of the phrase “waters of the United States” is likely to continue for many years, says Larry Jensen, former EPA general counsel and shareholder at Brownstein Hyatt Farber Schreck LLP.

  • How Emerging Sources Of ESI Will Impact Discovery

    Charles McGee

    Late last year, the Sedona Conference released the third edition of its principles addressing electronic document production, updated to account for innovations like Snapchat and Twitter. It may be necessary for these principles to be updated more often in order to keep pace with technology, says Charles McGee III of Murphy & McGonigle PC.

  • Put The Brakes On Acceleration Bay Litigation Funder Ruling

    David Gallagher

    Last week, the District of Delaware raised eyebrows by ruling that documents provided to a litigation funder and its counsel in connection with their due diligence are categorically not attorney work product. Acceleration Bay v. Activision Blizzard seems to be a case of bad facts making bad law, says David Gallagher, investment manager and legal counsel for Bentham IMF.