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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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
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.
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.
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.