We use cookies on this site to enable your digital experience. By continuing to use this site, you are agreeing to our cookie policy. close

Project Finance

  • November 19, 2018

    DOI Says Move To Lift Coal Leasing Ban Didn't Violate NEPA

    The U.S. Department of the Interior has reiterated its argument to a Montana federal court that its move to lift a moratorium on federal coal leasing did not violate any environmental laws, saying the action did not cause the environmental and Native American groups that sued any direct harm.

  • November 19, 2018

    Enviro Groups Sue To Save W.Va. Ridgeline From Coal Co.

    A coalition of environmental groups asked a West Virginia federal court on Thursday to stop Republic Energy LLC from undertaking coal mining activities on one of the last Coal River Mountain ridgelines, saying the company lacks a valid mining permit.

  • November 19, 2018

    Calif. Panel Asks Lower Court To Justify Gas Leak Plea Deal

    A California state appellate court has ordered a lower court to explain why a decision denying restitution should not be struck down as violating the constitutional rights of residents living near a record-setting natural gas leak that went on for nearly four months who claim that they were shut out of a plea agreement between the gas company and the state.

  • November 19, 2018

    Tutor Perini JV Snags $800M Minn. Light Rail Contract

    Tutor Perini Corp. on Monday said a joint venture between a subsidiary and construction firm C.S. McCrossan secured a $799.5 million contract to expand and improve portions of Minneapolis' light rail system, a project Tutor Perini called "the largest public infrastructure project in Minnesota's history."

  • November 19, 2018

    3 Firms Steer $1.6B Cimarex Deal For Energy Co. Resolute

    Cimarex Energy Co. on Monday said it will take over fellow Denver-based oil and gas acquisition and exploration company Resolute Energy Corp. in a $1.6 billion deal, with Akin Gump Strauss Hauer & Feld LLP guiding the buyer and Arnold & Porter and Wachtell Lipton Rosen & Katz steering the seller.

  • November 19, 2018

    Latham & Watkins Steers QEP's $735M Gas Asset Sale

    QEP Resources Inc., led by Latham & Watkins LLP, said Monday it will sell a handful of natural gas- and oil-producing properties and other assets to private investment firm Aethon Energy for $735 million, the energy company’s latest divestiture as it looks to reposition itself.

  • November 16, 2018

    More Info Needed In $134M Westinghouse Ch. 11 Row

    A New York bankruptcy judge said Friday that Brookfield Business Partners LP and the legal professionals winding down Westinghouse Electric Co.'s Chapter 11 estate need to provide more information before he can rule on a disputed $134 million transferred to Brookfield when it bought the distressed contractor.

  • November 16, 2018

    EPA Board Rebuffs Review For Gas Plants On Native Land

    The U.S. Environmental Protection Agency’s Environmental Appeals Board on Thursday rejected an environmental group’s challenge to agency permits for gas compression facilities on a tribal reservation in Utah, saying the agency was not required to conduct an air quality review before issuing the permits.

  • November 16, 2018

    Enviros, Tribes Fight To Save Trump Monument Suits

    Environmental groups and Native American tribes fought back against the federal government’s bid to dodge their lawsuits challenging President Donald Trump’s decision to shrink the Bears Ears and Grand Staircase-Escalante national monuments.

  • November 16, 2018

    Texas High Court Won’t Review $17M Power Plant Award Row

    The Texas Supreme Court on Friday said it would not take up a bid by Dixie Equipment LLC to review a ruling against it in an arbitration dispute over the construction of a power plant in Mexico, leaving in place a $16.6 million award.

  • November 16, 2018

    Energy Co. Can't Keep Pipeline On Tribal Lands: 10th Circ.

    A Tenth Circuit panel has backed a lower-court's decision to dismiss a suit by a gas pipeline company against a group of landowners in Oklahoma, saying the company cannot condemn land and take control of it if the United States holds the land in trust for an Indian tribe.

  • November 16, 2018

    EPA's Renewable Fuels Policy Leads To Court Morass

    Few federal energy and environmental policies are as fiercely fought over in court as the U.S. Environmental Protection Agency's Renewable Fuel Standard program, which requires an increasing amount of renewable fuels to be blended into the U.S. transportation fuel supply. Here's a look at where major RFS-related litigation stands and an update on whether a congressional solution to the legal standoff is in the cards.

  • November 16, 2018

    Trump Says Acting EPA Chief Should Take Reins Officially

    President Donald Trump said Friday that he intends to nominate U.S. Environmental Protection Agency acting Administrator Andrew Wheeler to stay in the job for the long haul.

  • November 15, 2018

    $150M Ch. 7 Deal To Free Ampal From Egypt Gas Row OK'd

    Ampal-American Israel Corp. received permission Thursday from a New York bankruptcy judge to enter into a deal that will allow the company to exit arbitration hearings involving Egypt and two state-owned oil and gas companies and give a boost of about $150 million to the company’s Chapter 7 estate.

  • November 15, 2018

    Enviros Can't Use CWA In Fight Over Ill. Plant's Coal Ash

    An Illinois federal judge has rejected an environmental group’s attempt to use the Clean Water Act to go after a coal-fired power plant owner that the group claims has let pollutants in its coal ash contaminate a nearby river.

  • November 15, 2018

    Crabbers Snap At Energy Cos. With Calif. Climate Tort

    A coalition of fishermen’s groups Wednesday sued Chevron Corp., Exxon Mobil Corp. and other energy companies, blaming them for contributing to ocean damage caused by climate change, which they say has forced the closure of lucrative crab fisheries off the coasts of California and Oregon.

  • November 15, 2018

    Danish Energy Co. Wins €11M Following Dispute With Spain

    Danish renewable energy firm Athena Investments A/S said Wednesday that an international tribunal has awarded it €11 million ($12.47 million) in a dispute with Spain over the revocation of certain renewable energy subsidies, marking another loss for the country in a slew of similar cases.

  • November 15, 2018

    FERC Nominee Ducks Recusal Calls Over Trump Coal Bailout

    Federal Energy Regulatory Commission nominee Bernard McNamee on Thursday resisted U.S. senators' calls to recuse himself from future electricity grid resiliency issues faced by the regulator, even though he helped craft a Trump administration plan to prop up coal and nuclear power plants that FERC rejected.

  • November 15, 2018

    EU Court Says UK Energy Subsidy Award Unlawful

    The United Kingdom should not have been awarded state aid from the European Union to subsidize backup power to support its grid during the winter, an EU court ruled Thursday, finding the union's antitrust arm failed to investigate whether green energy companies were being shut out.

  • November 15, 2018

    Panama Canal Contractor Can't Escape $22M Payment

    A Florida federal judge has refused to let a Panama Canal contractor dodge a final judgment upholding a more than $22 million arbitral award against it, rejecting the contractor’s claims that the award was already satisfied.

Expert Analysis

  • Key Trends In Midstream Oil And Gas Deals: Part 1

    Greg Krafka

    The Private Target Mergers & Acquisitions Deal Points Studies prepared by the American Bar Association’s Business Law Section have been a key resource for M&A attorneys for over a decade. In this two-part article, Greg Krafka of Winstead PC examines data from the most recent study and other sources to systematically identify “what’s market” concerning deal terms in midstream oil and gas acquisition agreements.

  • New UK And US Regimes May Deter Foreign Investment

    Robert Bell

    Newly proposed U.K. rules and the amended regime for the Committee on Foreign Investment in the United States will radically change how the two governments review sensitive transactions, which will affect the likelihood of deal clearance, deal timing and the drafting of appropriate contractual provisions, say Robert Bell and Jennifer Mammen of Bryan Cave Leighton Paisner LLP.

  • Q&A

    Back To School: Stanford's Jeff Fisher Talks Supreme Court

    Jeffrey Fisher

    In this series featuring law school luminaries, Stanford Law School professor Jeffrey Fisher discusses his motivation for teaching, arguing before the U.S. Supreme Court and what the court might look like if Judge Brett Kavanaugh is confirmed.

  • Clearing Up Some Pipeline Permit Questions At 3rd Circ.

    Deidre Duncan

    Two recent decisions from the Third Circuit — Delaware Riverkeeper and Township of Bordentown — indicate that resolving questions related to state appeals of pipeline project permits will ultimately turn on the particulars of the state administrative process, say Deidre Duncan and Clare Ellis of Hunton Andrews Kurth LLP.

  • Calif.'s New Rules For Lawyers Move Closer To ABA Model

    Mark Loeterman

    The first comprehensive overhaul of California's Rules of Professional Conduct in nearly 30 years becomes operational on Nov. 1. Some of the new rules mirror the model language used by the American Bar Association, but many continue to reflect California’s unique approach to certain ethical questions, says Mark Loeterman of Signature Resolution LLC.

  • Know The Limits To Atty Public Statements During A Trial

    Matthew Giardina

    The balancing act between protecting attorneys’ speech rights and ensuring unbiased adjudications was highlighted recently in two cases — when Michael Cohen applied for a restraining order against Stephanie Clifford's attorney, and when Johnson & Johnson questioned whether a Missouri talc verdict was tainted by public statements from the plaintiffs' counsel, says Matthew Giardina of Manning Gross & Massenburg LLP.

  • In Calif., Questions Remain On Law Firm Conflict Waivers

    Richard Rosensweig

    In Sheppard Mullin v. J-M Manufacturing Co., the California Supreme Court ruled last month that a law firm's failure to disclose a known conflict with another current client did not categorically disentitle the firm from recovering fees. But the court didn’t provide hoped-for guidance on how to write an enforceable advance conflict waiver, says Richard Rosensweig of Goulston & Storrs PC.

  • Q&A

    A Chat With Faegre Client Development Chief Melanie Green

    Melanie Green

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Melanie Green, chief client development officer at Faegre Baker Daniels LLP.

  • Kavanaugh's Chevron Skepticism May Impact Enviro Regs

    Andrea Driggs

    Confirmation of Judge Brett Kavanaugh to the U.S. Supreme Court may accelerate its narrowing of the discretion given to administrative agencies to regulate via rulemaking. An indication of how a Justice Kavanaugh might deal with Chevron deference is found in his dissent in Northeast Hospital Corp. v. Sebelius, say Andrea Driggs and Christopher Thomas of Perkins Coie LLP.

  • 10 Questions For Upcoming Opportunity Zone Guidance

    Marc Schultz

    Last year's tax overhaul created an incentive program to encourage the investment of private capital in certain "opportunity zones" throughout the United States. The IRS is expected to issue guidance for interpreting many of the opportunity zone provisions in short order. However, the success of this program could depend upon the IRS' answers to these 10 questions, says Marc Schultz of Snell & Wilmer LLP.