Project Finance

  • October 20, 2017

    Builder Opposes Stay In Bid To Toss $23M Arbitration Award

    Spanish construction firm Cobra Infraestructuras Hidraulicas SA has urged a Florida federal judge to deny a stay of its petition to vacate a $23 million arbitration award to a former subcontractor on a Guatemala hydroelectric project, saying a pending request for clarification cannot correct the tribunal's error.

  • October 20, 2017

    SunEdison Ch. 11 Plan Foes Seek Info On Rights Offering

    Two affiliated investors accusing SunEdison Inc. of using an exit financing agreement to buy creditor support for its Chapter 11 plan asked a New York bankruptcy court on Thursday to compel the renewable energy giant to hand over documentation related to the deal.

  • October 20, 2017

    US Trustee Waves Off Request For Seadrill Equity Committee

    The U.S. government's bankruptcy watchdog said Thursday there is no need to appoint a committee to represent the interests of Seadrill Ltd. shareholders in the company's Chapter 11 proceedings since no evidence has been provided that they might receive substantial recoveries.

  • October 20, 2017

    Enviros Fight To Maintain Challenge To LA Project Permit

    Two California environmental groups on Thursday pleaded with the Ninth Circuit not to end their litigation against the Army Corps of Engineers over its approval of a water permit for a massive mixed-use development in Los Angeles County, even though the Corps had settled with other groups.

  • October 20, 2017

    New Bill Aims To Fast-Track Broadband Infrastructure

    Two senators unfurled new legislation Friday that would speed up broadband infrastructure deployment by trimming the federal permitting process and eliminating some environmental reviews for equipment on public rights of way.

  • October 20, 2017

    Gibson Dunn Adds Ex-Shearman & Sterling Energy Partner

    A former Shearman & Sterling LLP partner who focuses on energy projects and infrastructure has joined the ranks of Gibson Dunn & Crutcher LLP’s practice in San Francisco, the firm announced Thursday.

  • October 20, 2017

    City Broadband Projects Struggle Amid State Funding Push

    As the Federal Communications Commission pursues expanding rural broadband service and promoting 5G, states and municipalities are matching stride with their own funding and regulatory proposals. But it's not always smooth sailing at the local level. 

  • October 20, 2017

    EPA Shuns Biofuel Standard Changes In Win For Corn States

    The head of the U.S. Environmental Protection Agency on Thursday pledged to maintain the proposed amount of renewable fuels that must be blended into the nation's transportation fuel supply in 2018 and hold off on major changes to the agency's renewable fuels program, bowing to pressure from Midwestern senators representing corn-producing states.

  • October 20, 2017

    2nd Circ. Won’t Reconsider NY’s Nix Of $683M Gas Pipeline

    The Second Circuit said Thursday it will not review its August opinion upholding the New York State Department of Environmental Conservation’s decision to deny a water permit for a $683 million natural gas pipeline based on a lack of information provided by the project’s developer.

  • October 19, 2017

    $500M Las Vegas Mall Developers Owe Investors, Judge Says

    A New York state judge ruled largely against two developers of an open-air mall who were sued by investors over $250 million that the investors say they're owed, finding on Wednesday that the developers owe damages based on the investors’ formula but saying the amount would be resolved in a battle of experts.

  • October 19, 2017

    Pa. Justices To Mull Limits Of Gas Well Impact Fees

    The Pennsylvania Supreme Court said Wednesday that it would consider whether to throw out a decision finding that natural gas wells that fall below a certain production threshold for one month of the year can skirt impact fees levied on drillers under state law.

  • October 19, 2017

    FERC Sets Default 40-Year License For Hydro Projects

    The Federal Energy Regulatory Commission on Thursday unveiled changes to its policy establishing licensing terms for hydroelectricity projects, the centerpiece being a 40-year default license for nonfederal projects after federal and state environmental regulators balked at a proposed 50-year default license.

  • October 19, 2017

    DOT's Rail Brake, Competitive Switching Proposals In Doubt

    A recent U.S. Department of Transportation analysis and lingering uncertainty over key agency appointments have cast doubt on whether a pair of Obama-era freight rail proposals will survive the Trump administration’s deregulatory push. Here, Law360 examines where things stand on a mandate for new braking technology and a proposal to encourage competition on shipping routes.

  • October 19, 2017

    Former FERC Commissioners Slam Perry's Grid Pricing Plan

    Eight former commissioners of the Federal Energy Regulatory Commission, including five ex-chairs, on Thursday panned Secretary of Energy Rick Perry's proposal to pay coal and nuclear plants for providing base load power and grid reliability services, saying it would reverse the development of wholesale electricity markets and soak consumers.

  • October 19, 2017

    Mayor Acts For Boston In FERC Pipeline Row, DC Circ. Hears

    The city of Boston does not have to be among the parties challenging the Federal Energy Regulatory Commission’s approval of a $971 million natural gas pipeline, as the mayor effectively “is the city for all purposes,” counsel for the mayor and other Boston politicians told a D.C. Circuit panel Thursday.

  • October 19, 2017

    Enviros Say NRG Can't Stall Rejection Of Calif. Gas Plant

    Environmentalists have urged the California Energy Commission to reject NRG Energy Inc.'s bid to suspend review of a proposed gas-fired power plant, claiming the company is trying to stall after two of the agency's commissioners indicated earlier this month that they would vote against the project.

  • October 18, 2017

    Pa. Reps. Pass Natural Gas Severance Tax Through Committee

    The Pennsylvania House Finance Committee on Wednesday cleared a bill that imposes an incremental severance tax on natural gas production in a bipartisan, 16-9 vote.

  • October 18, 2017

    SantosCMI Loses Bid To Escape Hyundai Arbitration

    A New York federal judge on Tuesday shot down Ecuadorean engineering and construction firm SantosCMI SA's bid to halt a Hyundai unit from proceeding with an $18.6 million arbitration stemming from a power plant construction project gone awry.

  • October 18, 2017

    Pa. Panel Mulls If Towns Can Regulate Pipeline Locations

    An en banc panel of the Pennsylvania Commonwealth Court on Wednesday expressed skepticism at Sunoco Pipeline LP’s arguments that two municipalities were preempted from imposing any restrictions on the path of natural gas pipelines, in the latest battle over the company’s controversial Mariner East 2 pipeline.

  • October 18, 2017

    Agencies Balk At Venoco Plan To Ditch Pipelines, Drill Sites

    Local, state and federal authorities Tuesday asked the Delaware bankruptcy court to deny Venoco LLC permission to abandon two California oil pipelines and more than a dozen offshore and onshore drilling operations, saying the company has not taken the steps to safely shut them down.

Expert Analysis

  • NY Commercial Division Rule Changes Promote ADR Use

    Christopher Palermo

    Recent rule changes in the Commercial Division of the Supreme Court of New York are the latest of several efforts made to foster greater use of mediation and to institutionalize alternative dispute resolution, says Christopher Palermo, a litigation partner at Bleakley Platt & Schmidt LLP who serves on the Commercial Division Advisory Council.

  • FERC Order Signals States Can't Delay Pipeline Rulings

    James Bowe Jr.

    Last month, the Federal Energy Regulatory Commission ruled that the New York State Department of Environmental Conservation waived its authority under the Clean Water Act by failing to either issue or deny a water quality certificate for a gas pipeline within the statutory time frame. The order signals that FERC will not countenance state inaction on pipeline projects, say attorneys with King & Spalding LLP.

  • How Arbitrators Maintain Proportionality In Discovery

    Richard Seymour

    There has been much discussion of discovery proportionality in federal litigation since the December 2015 changes to Civil Rule 26. But arbitrators have long used procedures to simplify the discovery process that courts have only recently begun to adopt, says attorney and arbitrator Richard Seymour.

  • The Law Firm CFO’s Role In The Strategic Planning Process

    Tyler Quinn

    Today's law firm chief financial officer should be involved in many areas beyond traditional financial management, including operations, risk management and information technology. He or she can support strategic planning throughout the process, from development of the plan to its implementation, measurement and eventual evolution, say Tyler Quinn and Marc Feigelson of Kaufman Rossin PA.

  • Law Firms Must Transition To An Industry Sector Approach

    Heidi Gardner

    Clients are beginning to expect and demand that their external lawyers provide advice tailored to the client's industry. Aside from this, law firms should want to move toward a sector approach because industry-focused groups are a natural place for cross-practice collaboration to flourish, say Heidi Gardner and Anusia Gillespie of Harvard Law School.

  • Series

    Judging A Book: Kozinski Reviews 'The Judge'

    Judge Alex Kozinski

    In their new book, "The Judge: 26 Machiavellian Lessons," do Ronald Collins and David Skover prove their thesis that hypocrisy is the key to judicial greatness? Some of the examples they present are hard to dispute, says Judge Alex Kozinski of the Ninth Circuit.

  • Enviro Rights: What's The Public Trust Role In Pa.?

    Philip Hinerman

    The Pennsylvania Supreme Court's recent decision in Pennsylvania Environmental Defense Foundation v. Commonwealth of Pennsylvania has changed the discussion about the state’s so-called environmental rights amendment. Philip Hinerman and Adam Cutler of Fox Rothschild LLP examine issues raised in the case, such as what it means to be a public trustee, and the positions various groups are taking.

  • Financial Crisis Anniversary

    New Post-Recession Metrics For BigLaw Partner Success

    Peter Zeughauser

    After nearly a decade of recession-accelerated change in the legal industry, “merit-based” compensation has largely come to mean measuring attorney success using some combination of origination and working attorney hours metrics. However, there are signs that the real impact of the recession is still around the corner, and that building a book isn’t enough, says Peter Zeughauser of Zeughauser Group.

  • Opinion

    Time To Lift Student Loan Counseling Restrictions

    Christopher Chapman

    While it lends more than $100 million each year to our nation’s college students — including law students — the U.S. Department of Education surprisingly limits loan counseling to one-time entrance counseling for first-time student borrowers. Is this rational? asks Christopher Chapman, president of AccessLex Institute, a nonprofit focused on access to legal education.

  • Deciding The Forum For 'Waters Of The US' Suits

    Joel Beauvais

    Last week the U.S. Supreme Court heard oral argument in National Association of Manufacturers v. U.S. Department of Defense. During argument, the balance of questions seemed to favor the industry and state petitioners arguing in favor of district court jurisdiction for suits challenging the Clean Water Rule, says Joel Beauvais of Latham & Watkins LLP.