Project Finance

  • 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.

  • November 13, 2017

    Puerto Rico Gov't Wins Autonomy Fight Over Electric Co.

    The judge presiding over Puerto Rico’s historic restructuring proceedings ruled Monday that the territory’s insolvent electric company will remain under local government control as it restructures $9 billion worth of debt and addresses operational weaknesses, blocking a federal panel from installing an emergency manager to run the utility.

  • November 13, 2017

    Enviro Groups Ask FERC To Rethink OKing $5B NC Pipeline

    More than 20 environmental and public interest groups on Monday asked the Federal Energy Regulatory Commission to reverse its approval of the construction of the $5 billion Atlantic Coast pipeline.

  • November 13, 2017

    Yankton Sioux Say Dakota Pipeline Permits Should Be Pulled

    The Yankton Sioux Tribe urged a D.C. federal judge on Friday to cancel all permits and environmental reviews issued by the federal government for the Dakota Access pipeline, saying the government hid the overall impact of the crude oil pipeline by fracturing its environmental review.

  • November 13, 2017

    Enviros Slam EPA Bid To Sever Coal Ash Issues From Case

    Green groups on Monday urged the D.C. Circuit to reject the U.S. Environmental Protection Agency’s request that the court remand elements of a coal ash disposal rule to the agency for reconsideration rather than decide legal challenges to them.

  • November 13, 2017

    EPA Coal Plant Suit Revival Should Stick, High Court Told

    The federal government and Sierra Club have urged the U.S. Supreme Court to not disturb the Sixth Circuit's revival of lawsuits accusing DTE Energy Co. of illegally modifying Michigan's largest coal-fired power plant, saying it isn't consistent with the Clean Air Act or U.S. Environmental Protection Agency regulations.

  • November 13, 2017

    Sunrun Seeks End To Investors' Claims Of Rigged Statistics

    Residential solar energy firm Sunrun Inc. and two executives have asked a California federal judge to dismiss a proposed investor class action that accuses them of inflating the company's booking statistics in order to juice its stock price, saying they never made false statements, never admitted to doing so and had no incentive to do so.

  • November 13, 2017

    DC Circ. Rightly Nixed FERC Pipeline Approval, Enviros Say

    The Sierra Club on Friday urged the D.C. Circuit to stick with its decision nixing the Federal Energy Regulatory Commission's approval of a $3.5 billion pipeline project to Florida after concluding the agency's greenhouse gas emissions review was inadequate, arguing that it's the appropriate remedy under federal environmental law.

  • November 13, 2017

    Pacific Drilling Enters Ch. 11 Citing Industry Slump

    Pacific Drilling SA on Sunday became the latest company in the offshore oil industry to seek bankruptcy protection, saying it needs to restructure approximately $3 billion in debt to ride out the sector’s current troubles.

  • November 13, 2017

    Ex-EPA Attys Blast Pruitt's Sue-and-Settle Directive

    U.S. Environmental Protection Agency Administrator Scott Pruitt's recent directive that the agency curb so-called sue-and-settle agreements is based on unfounded claims of EPA collusion with environmental groups, is biased in favor of industry and will likely lead to lengthier and costlier litigation, dozens of former EPA attorneys said Monday.

  • November 13, 2017

    Shell Australia Unit Sells Off Woodside Stake In $2.7B Deal

    The Australian subsidiary of Royal Dutch Shell PLC said Monday it will sell the remainder of its stake in Woodside Petroleum Ltd. in a deal worth AU$3.5 billion ($2.7 billion), as the company continues to shed assets as part of a multibillion-dollar divestiture program.

Expert Analysis

  • 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.

  • Applying Delaware Contract Law To LPA Safe Harbors

    Darren Kaplan

    The Delaware Chancery Court's opinion in Morris v. Spectra Energy provides a road map for the litigation of safe-harbor provisions in limited partnership agreements and invites close review by both private fund litigators and drafters of Delaware LPAs, says Darren Kaplan of Stueve Siegel Hanson LLP.

  • 'Per-Doc' Pricing Can Improve Document Review

    file folder

    Imagine going to a restaurant and ordering your steak medium-rare. The steak arrives burned. You expect the kitchen to bring you another one properly done, right? And you don’t expect to pay for two steaks, do you? Paying a vendor for document review should be no different, says Lisa Prowse, an attorney and vice president at e-discovery firm BIA Inc.

  • History Shows Infrastructure Plans Need Better Oversight

    Robert Epstein

    History offers many examples of public construction projects marred by cost overruns, delays and catastrophic failures. As major new infrastructure plans are contemplated, government oversight of public works projects must improve, say Robert Epstein and Jacqueline Greenberg Vogt of Greenberg Traurig LLP.

  • Why A Hanjin Fleet Came To Hong Kong

    Dean Young

    The demise of Korea’s Hanjin Shipping Co. Ltd. was the largest bankruptcy of a container line in history, and recently resulted in the biggest ever court sale of ships in Hong Kong, totaling over $600 million. Hong Kong’s legal system makes it an ideal venue for ship mortgage enforcement, say attorneys with Mayer Brown JSM.

  • A Guide To The Executive Branch Official Nomination Process

    Adam Raviv

    Although the Trump administration has completed the vetting and confirmation of a cabinet and White House staff, thousands of senior positions remain unfilled throughout the executive branch. More than ever, people selected for those posts find themselves under close scrutiny, say Adam Raviv and Reginald Brown of WilmerHale.

  • How The Utility Of The Future Will Evolve: Part 3

    Bill Zarakas

    A new utility business model may be coming in the near future, as distributed energy resources play a larger role. But the evolution of DERs will be strongly path-dependent — that is, the way DERs are valued and incentivized today will affect how they are viewed and adopted in the future, say Bill Zarakas and Frank Graves of The Brattle Group.

  • Inside China's New Policies On Overseas Investments

    Lester Ross

    Several policies and rules were introduced in 2016 and 2017 to tighten China's control and supervision of overseas investment activities, including new guidelines promulgated last month. These policies impose a much stricter regulatory regime, raise hurdles for cross-border currency outflows, and place particular emphasis on certain areas, say Lester Ross and Kenneth Zhou of WilmerHale.

  • How The Utility Of The Future Will Evolve: Part 2

    Bill Zarakas

    The growth and widespread use of distributed energy resources may ultimately contribute to the evolution of the electric grid into a more sophisticated “platform.” In this scenario, utilities will facilitate numerous transactions concerning energy and associated services among DERs, consumers and the utilities themselves, say Bill Zarakis and Frank Graves of The Brattle Group.