Project Finance

  • June 05, 2020

    Split 6th Circ. Backs Approval Of Enbridge Pipeline Spill Plan

    A split Sixth Circuit panel ruled on Thursday that the U.S. Department of Transportation properly approved Enbridge Energy's oil spill response plans for a Wisconsin-to-Ontario pipeline, while the dissenting judge said a lower court had been right to disagree.

  • June 05, 2020

    Developers Say Mich. Tribe Must Face Casino Contract Suit

    Two development companies suing the gaming authority of the Sault Ste. Marie Tribe of Chippewa Indians over the planned construction of new casinos told a Michigan federal court to ignore arguments from the tribe that it has sovereign immunity from the companies' claims for about $9 million, plus for future revenue from the projects.

  • June 05, 2020

    Chicago Developer Must Pay For Missed Deadline In $50M Suit

    An Illinois federal judge on Friday sanctioned the owners of a failed Chicago real estate project $18,000 for their "flagrant disregard" of a deadline to show how they spent $49.5 million from Chinese investors who claim they were ripped off.

  • June 05, 2020

    NJ Wins 3rd. Circ. Fight To Escape Bi-State Port Agency

    The Third Circuit on Friday cleared New Jersey's path to escape a more than 60-year-old compact establishing a commission to regulate the shipping port it shares with New York, ruling in a precedential opinion that the Garden State is shielded from that agency's suit to block its withdrawal.

  • June 05, 2020

    3 Lingering Opportunity Zone Questions Amid The Pandemic

    The COVID-19 pandemic has severely slowed the commercial real estate market as investors are skittish and banks are reluctant to loan, and while the IRS on Thursday provided important relief for investors in opportunity zone projects, questions and hurdles for such deals still remain. Here, Law360 looks at several.

  • June 05, 2020

    DC Circ. Told NRC Shouldn't Review Illegal Nuke Storage Plan

    An environmental group is urging the D.C. Circuit to force the U.S. Nuclear Regulatory Commission to stop considering an application to build a nuclear waste storage facility in New Mexico that the group says requires a license forbidden by energy law.

  • June 04, 2020

    Trump Signs Executive Order To Speed Up Project Approvals

    President Donald Trump signed an executive order Thursday instructing agency heads to use "emergency authorities" to sidestep environmental laws and quickly approve major projects like highways, saying the COVID-19 pandemic created a situation that required quick action to stimulate economic growth.

  • June 04, 2020

    Spanish Gas Co.'s $2B Award Bid Paused At Egypt's Request

    A D.C. federal judge has granted Egypt's bid to pause efforts by a Spanish gas company to enforce a $2 billion arbitral award stemming from a gas supply dispute, ruling that a stay is in order as the country awaits a decision from an award annulment committee.

  • June 04, 2020

    EPA Proposes New Clean Air Act Cost-Benefit Process

    The U.S. Environmental Protection Agency on Thursday proposed a new rule that for the first time would establish "best practices" for how costs and benefits are used in Clean Air Act rulemakings and would sideline a popular benefits accounting method favored by the Obama administration.

  • June 04, 2020

    Insurer Needn't Cover Builder's Dolphins Stadium Claims

    Berkley Assurance does not have to cover claims against its insured, Hunt Construction Group, in connection with Hunt's work on the Miami Dolphins stadium, a New York federal judge ruled Thursday.

  • June 04, 2020

    Mooring Co. Sues Wind Energy Biz Over Unpaid $7M Bill

    Mooring and offshore construction company InterMoor on Wednesday filed a suit against Baltimore-based offshore wind energy company U.S. Wind in New York federal court, claiming it refused to pay a more than $7 million bill for work on a Maryland offshore wind farm.

  • June 04, 2020

    Kids Say 6th Circ. Flint Ruling Supports Their Climate Case

    The kids suing the federal government for endangering their future by failing to curb climate change have told the Ninth Circuit that a Sixth Circuit ruling that Michigan officials must face Flint water crisis claims bolsters their effort to revive their own case.

  • June 04, 2020

    1st Circ. Nixes Permit For Enbridge Unit Pipeline Facility

    The First Circuit has vacated an air pollution permit for a Massachusetts facility that is part of the $1 billion Atlantic Bridge pipeline project operated by a unit of an Enbridge Inc. subsidiary, saying it was improperly approved by state regulators.

  • June 04, 2020

    4th Circ. Says Feds Immune From Army Dam Breach Cases

    The Fourth Circuit has affirmed a lower court and said the federal government is immune from lawsuits brought by residents and businesses that were damaged when two dams breached in 2015 at a military base in Columbia, South Carolina, after a heavy rainstorm.

  • June 03, 2020

    Mine Owned By W.Va Gov. Can't Escape Water Pollution Suit

    A settlement agreement with the U.S. Environmental Protection Agency doesn't bar a coalition of environmental groups' suit against a West Virginia coal company run by the state's governor, a federal court ruled Wednesday.

  • June 03, 2020

    Feds Don't Have To Turn Over More Data On Car Emissions

    A D.C. federal judge sided with the U.S. Environmental Protection Agency and the National Highway Traffic Safety Administration on Wednesday in a tug of war over California's request for documents supporting the agencies' proposal to roll back Obama-era vehicle emissions standards.

  • June 03, 2020

    Feds Want Out Of NextEra Kan. Wind Farm Suit

    The federal government has moved to ax claims against it in a proposed class action that aims to halt construction of a NextEra Energy Inc. wind farm in Kansas and alleges the project lacks proper review of its potential to harm a local tribe and rural agricultural community.

  • June 03, 2020

    House Transportation Leaders Tout $500B Infrastructure Bill

    House Democrats on Wednesday proposed investing nearly $500 billion in the nation's roads, railways, transit and other surface transportation infrastructure, while also addressing climate change and a potential new funding alternative to the federal gas tax.

  • June 03, 2020

    5 Environmental Regulations To Watch For This Summer

    The Trump administration has completed some of its top deregulatory efforts, weakening environmental rules for power plants, cars and waterways. But the administration is racing to beat a statutory deadline after which Democrats can undo final rules if they sweep the November elections.

  • June 03, 2020

    Neal, Mnuchin To Negotiate Virus Relief Bill, Infrastructure

    Treasury Secretary Steven Mnuchin and Rep. Richard Neal, D-Mass., the House Ways and Means Committee chair, will meet this week to continue negotiations on another round of coronavirus relief legislation that could include major infrastructure spending, Neal said Wednesday.

  • June 03, 2020

    Owners Of Failed Dam Accused Of 'Despicable' Safety Record

    A Michigan homeowner accusing the owners of the Edenville Dam of a "despicable disregard" for safety has asked to represent a proposed class of 11,000 residents that suffered property damage and had to flee after the dam's failure sent a flood into homes and businesses.

  • June 03, 2020

    Electric Co. Cleared To Pursue $35M Award From Guatemala

    A D.C. federal judge has granted a bid by the Guatemalan unit of power company Teco Energy to enforce the payment of a $35 million arbitration award after the judge found that Guatemala has had more than enough time to arrange payment.

  • June 02, 2020

    3 Takeaways From The EPA's New Water Permit Rule

    The U.S. Environmental Protection Agency this week ended years of deference to state and tribal governments to enforce Clean Water Act requirements on pipeline projects that cut through their jurisdictions, in a bid to deliver more regulatory certainty to developers, but the landmark change is far from cemented as it likely will face tough challenges in court.

  • June 02, 2020

    10th Circ. Affirms Solar Energy Tax Credit Scheme Owes $50M

    A Tenth Circuit panel affirmed a $50 million disgorgement order Tuesday for a solar energy company to return profits from promoting an abusive tax scheme that leased useless solar lenses to companies so they could claim solar energy tax write-offs.

  • June 02, 2020

    Justices Nix 11th Circ.'s 'Formalistic' View Of Arbitration Law

    The U.S. Supreme Court held Monday that nonsignatories to an international arbitration agreement may compel arbitration of disputes arising under that agreement, a decision that's being praised for bringing the U.S. in line with widely held views on arbitration law.

Expert Analysis

  • Law Firms Must Beware Risks In Nontraditional Financing

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    Law firms in today's financial crisis may be looking at nontraditional arrangements such as portfolio funding or factoring to provide liquidity and cash support, but firms must first consider lawsuits brought against Pierce Bainbridge and other recent developments, says Katherine Toomey at Lewis Baach.

  • Ruling Loosens Regs On Pa. Renewable Customer-Generators

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    The Pennsylvania Commonwealth Court's recent ruling in Hommrich v. Pennsylvania Public Utility Commission may narrow the regulator's role in overseeing interconnection and net metering of renewable energy customer-generators, and loosen customer-generator eligibility standards, say John Povilaitis and Alan Seltzer at Buchanan Ingersoll.

  • 2 Tested Alternatives To Unavoidable Court Delays

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    Those seeking resolution in commercial disputes that are stuck in an unavoidable but lengthy court backlog due to the pandemic must consider the advantages of arbitration and mediation over court proceedings, says former U.S. District Judge Shira Scheindlin now at Stroock.

  • Opinion

    Minn. Ruling Represents Sensible Stance On Legal Finance

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    The Minnesota Supreme Court's Maslowski v. Prospect Funding Partners decision this week reaffirms that the doctrine of champerty is archaic, impedes important litigation finance activity, and should be abolished in the handful of states where it remains alive, says Andrew Cohen at Burford Capital.

  • Best Practices For A Paperless Law Practice

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    A significant challenge in practicing law remotely is the use and handling of documents without paper, because common digital tools such as email or even secure file transfer applications are problematic, say attorneys at Baker McKenzie.

  • FERC's New Return On Equity Formulas Are Out Of Sync

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    The Federal Energy Regulatory Commission's recent orders revising its methods to estimate electric, natural gas and oil utilities' returns on equity lay out significantly different approaches for electric utilities and pipelines, raising questions as to whether such deviations are actually supported by each industry's risks, say attorneys at Sheppard Mullin.

  • In GE, Supreme Court Extends Reach Of Int'l Arbitration In US

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    The U.S. Supreme Court’s decision this week in GE Energy v. Outokumpu Stainless broadens the reach of international arbitration as a viable dispute resolution mechanism under U.S. law, but leaves unanswered a number of important questions regarding the application of the nonsignatory doctrine, say attorneys at Paul Hastings.

  • Opinion

    Lawyers Must Address Racial Injustice With Radical Candor

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    The legal industry is uniquely positioned, and indeed obligated, to respond to the racial disparities made clear by the recent killings of George Floyd and Breonna Taylor, but lawyers must be willing to be uncomfortable, says Tiffani Lee at Holland & Knight.

  • Financial Strategies For Oil And Gas Cos. During The Slump

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    After the dramatic recent decline in oil and gas prices, industry participants and investors must look to history for strategies to address higher costs of capital, valuation challenges, increasing financial distress, potential bankruptcies and the prospect of contract disputes, say consultants at Cornerstone Research.

  • How Lawyers Can Network Better, Virtually And In Person

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    The current decrease in formality and increase in common ground due to the work-from-home environment can make it easier to have a networking conversation, says Megan Burke Roudebush at Keepwith.

  • Practical Tips For Presenting Your Case To Litigation Funders

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    One mistake that attorneys commonly make when presenting a case to a third-party funder is focusing almost exclusively on liability and giving short shrift to the damages analysis — resulting in an aspirational damages estimate that falls apart under scrutiny, say Cindy Ahn and Justin Maleson at Longford Capital and Casey Grabenstein at Saul Ewing.

  • Compliance Tips For Development Bank COVID-19 Projects

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    Companies that bid on projects financed wholly or in part by multilateral development banks to combat the crises caused by the pandemic must have appropriate anti-corruption mechanisms in place to limit the risks of sanctions investigations several years down the road, say Lauren Muldoon and Spencer Bruck at Orrick.

  • Avoiding Inadvertent Privilege Waivers In E-Communications

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    Attorneys at WilmerHale highlight recent developments in privilege law, the significant challenges raised by nontraditional working arrangements popularized during the pandemic, and ways to avoid waiving attorney-client privilege when using electronic communications.

  • Opinion

    Keystone XL Ruling Paralyzes Infrastructure Permit Process

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    A Montana federal judge's recent ruling revoking water permits for the Keystone XL pipeline and imposing a nationwide moratorium on dredging and filling operations by the U.S. Army Corps of Engineers seriously undermines a tried and true regulatory process, say Tom Magness at Grow America's Infrastructure Now and Patrice Douglas at Spencer Fane.

  • Opinion

    Don't Cancel Your Summer Associate Programs

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    While pulling off an effective summer associate program this year will be no easy feat, law firms' investments in their future attorneys should be considered necessary even during this difficult time, says Summer Eberhard at Major Lindsey.

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