Project Finance

  • March 22, 2017

    Pa. Court Again Says Tax Sale's 'Mineral' Rights Include Gas

    Coming down almost exactly where it did in December, a Pennsylvania appeals court issued its second decision in a gas-rights case finding that a 1932 tax sale of subsurface mineral rights encompassed the sale of oil and gas rights, handing a win to exploration company Range Resources.

  • March 22, 2017

    ING Bank Inks Deal To Sell Its Share Of Dakota Pipeline Loan

    ING Bank said Tuesday it has signed an agreement to sell its $120 million stake in the loan financing Dakota Access LLC’s controversial crude oil pipeline to an undisclosed buyer, after the Standing Rock Sioux Tribe urged the bank to do so as a message.

  • March 22, 2017

    Enviros Ask For Pa. Pipeline Project Stay During Appeal

    The Delaware Riverkeeper Network on Wednesday shot back at efforts by the U.S. Army Corps of Engineers and a Kinder Morgan Inc. unit to deny the environmental group’s bid to halt construction of the company’s Pennsylvania pipeline project until the appeals court weighs in, saying it would be irreparably harmed without such a stay.

  • March 22, 2017

    5th Circ. Sides With EPA In Battle Over Texas Haze Rule

    The Fifth Circuit on Wednesday rejected Texas’ bid to strike down the U.S. Environmental Protection Agency’s regional haze plan for the Lone Star State, instead granting the EPA’s motion to send the existing regulations back to the agency for revision.

  • March 22, 2017

    Senate Dems Slam Trump's Skinny DOI Budget

    Senate Democrats on Tuesday slammed President Donald Trump’s proposal to slash the Department of Interior’s budget by $1.5 billion, saying planned cuts to programs that address climate change contradict the president's commitments to infrastructure spending made on the campaign trail.

  • March 22, 2017

    US, Investors Ask 9th Circ. To Toss Malaysian Hotel Appeal

    The U.S. government and investors in a midtown Manhattan hotel that allegedly was partly financed with money embezzled from a Malaysian investment fund have told the Ninth Circuit that a court-approved agreement only sets the framework for a potential sale and isn’t subject to appeal.

  • March 22, 2017

    New York Launches $70M Electric Car Rebate Initiative

    New York is launching a $70 million electric car rebate program intended to get more electric cars on the road and slash carbon emissions in the transportation sector, Gov. Andrew M. Cuomo has announced.

  • March 22, 2017

    Suit Accusing FERC Of Pro-Energy Industry Bias Thrown Out

    A D.C. federal judge on Wednesday dismissed an environmental group's suit claiming the Federal Energy Regulatory Commission's pipeline approval process unconstitutionally favors the energy industry, saying there is no evidence that FERC is biased.

  • March 22, 2017

    Wyo. Gov. Gets Pipeline Agency To End FERC Authority Fight

    The office of Wyoming Gov. Matt Mead admitted Wednesday it pressed the Wyoming Pipeline Authority to drop its challenge to a Federal Energy Regulatory Commission order that delegated additional authority to commission staff just before FERC lost the quorum it needs to function.

  • March 22, 2017

    4 Must-Knows For Developers As Trump Cabinet Ramps Up

    The real estate community remains hopeful that developer-turned-president Donald J. Trump may enact changes in Washington that benefit commercial real estate, but questions still abound, lawyers say, and keeping a few things in mind can help developers ride out the present uncertainty.

  • March 21, 2017

    House Dems Say Pruitt, Perry ‘Flouted’ Law With Rule Delays

    House Democrats on Monday said the new heads of the U.S. Environmental Protection Agency and the Department of Energy have “flouted” the law by delaying several Obama-era rules without proper public notice.

  • March 21, 2017

    Enviros Ask Court To Stop Fla. Big Cypress Oil Project

    Environmental groups suing the National Park Service over plans to allow a Texas-based oil company to explore for oil and gas in the Big Cypress National Preserve in South Florida asked for summary judgment Monday, arguing that it's clear the government violated various federal laws and regulations by approving the plan.

  • March 21, 2017

    Mobil Cerro Negro Suit Can't Be Unfrozen Yet, Court Told

    Venezuela urged a New York federal court Tuesday to hold off on allowing an Exxon Mobil Corp. subsidiary to forge ahead with enforcing $188 million of a $1.6 billion award issued following the expropriation of its oil investments, saying issues remain with regard to how the litigation was filed.

  • March 21, 2017

    Dakota Access Says Pipeline Hit With 'Coordinated Attacks'

    Dakota Access LLC filed a heavily redacted report with a D.C. federal court Monday about the progress of its nearly completed pipeline on federal land in North Dakota, saying most of the document had to be filed under seal because of “recent coordinated physical attacks along the pipeline" threatening “life, physical safety, and the environment."

  • March 21, 2017

    NJ Sens. Express Enviro Concerns Over PennEast Pipeline

    Both of New Jersey’s U.S. senators have sent a letter to the Federal Energy Regulatory Commission expressing concerns that the proposed 110-mile PennEast Pipeline project, set to run through parts of the Garden State and Pennsylvania, poses potential environmental impacts that need to be investigated further.

  • March 21, 2017

    1st Circ. Bolsters State Powers In Gas Pipeline Reviews

    The First Circuit's recent ruling that a Kinder Morgan unit needed final approval from Massachusetts environmental regulators to start building a natural gas pipeline project helps preserve states' role in the permitting process and could embolden states and pipeline opponents to drag out reviews of projects already approved by the federal government, experts say.

  • March 21, 2017

    Ariz. Highway Approval Done The Right Way, 9th Circ. Told

    The Federal Highway Administration and the Arizona Department of Transportation have each urged the Ninth Circuit to affirm a lower court’s ruling that they didn't cut any corners on environmental reviews when they greenlighted a Phoenix-area highway project.

  • March 21, 2017

    African Oil Field Suit May Finally Head To Arbitration

    PetroChina Co. Ltd. and several related entities told a Texas federal court Monday that they’ve agreed to arbitrate claims that a unit of the Chinese state-owned oil company reneged on a potentially $1 billion profit-sharing deal with Carlton Energy Group LLC over interests in vast African oil and gas fields.

  • March 20, 2017

    3 Takeaways From The Mobil Cerro Negro Award Annulment

    A recent decision annulling the lion's share of a $1.6 billion award issued to Exxon Mobil Corp. affiliates in an arbitration filed against Venezuela nearly a decade ago shows how long and unpredictable the process can be. Here, Law360 looks at three takeaways from the decision.

  • March 20, 2017

    Troutman Sanders Adds Dentons Energy Markets Team

    Two partners and an attorney from Dentons LLP have joined Troutman Sanders LLP’s energy and projects practice in the New York and Washington, D.C., offices, the firm said Monday.

Expert Analysis

  • Monthly Column

    Gray Matters: Decision Error

    Gray Matters

    Lawyers make hundreds of decisions during the course of advising a client, consummating a transaction or litigating a case. In this new column, dispute resolution experts Bob Creo and Selina Shultz explore the theory, science and practical aspects of how decisions are made in the legal community.

  • Acquiring Midstream Assets And Gas Agreements: Part 1

    Greg Krafka

    In the acquisition of natural gas gathering systems, processing plants and related midstream assets, a primary focus of legal due diligence will be the gas gathering and processing agreements associated with these assets. Terms and conditions governing service levels, fees, environmental costs, termination and other issues must be carefully reviewed before purchase, say Greg Krafka and Jim Strawn of Winstead PC.

  • Law Schools And Law Firms: Seeking Common Ground

    Randy Gordon

    What we don’t know is whether the teaching and practice of law are undergoing massive structural changes or we’re still digging out from the worst economic collapse since the Depression. But what we do know is that the missions of the most forward-looking law schools and law firms are converging in ways that were unimaginable 10 years ago, says Randy Gordon, a partner at Gardere Wynne Sewell LLP and executive professor of law at Te... (continued)

  • $7B And Unclear Future For New Markets Tax Credits

    James Lang

    The New Markets Tax Credit program was recently awarded another $7 billion for community development entities to use in attracting private capital to projects in low-income areas. While the Trump administration has not yet weighed in on the program, it is noteworthy that the president himself has a history of using tax credits for development purposes, say James Lang and Justin Mayor of Greenberg Traurig LLP.

  • The Quadrennial Energy Review And Generation Development

    Linda Walsh

    The latest installment of the U.S. Department of Energy’s Quadrennial Energy Review recommends several ways to enhance power generation development, including focusing on renewable energy for underserved communities, advancing innovation in generation technologies, and incentivizing new hydropower and nuclear development. These recommendations present both opportunities and risks for generation developers and investors, say attorne... (continued)

  • Not From Around Here? Trying A Case As An Out-Of-Towner

    William Oxley

    The importance of authenticity is magnified when trying a case outside your home jurisdiction. While using references to local landmarks or history can help make arguments relatable, adopting local expressions or style in an attempt to ingratiate oneself with the judge and jury almost always backfires, say William Oxley and Meghan Rohling Kelly of Dechert LLP.

  • In Congress: Gorsuch, ACA, Homeland Security

    Richard Hertling

    It will be an ambitious week for Republicans on Capitol Hill, where the schedule includes the start of the Senate Judiciary Committee hearing on President Trump’s Supreme Court nominee, Tenth Circuit Judge Neil Gorsuch, and in the House of Representatives a vote is scheduled on the GOP leadership proposal to repeal and replace the Affordable Care Act, say Richard Hertling and Kaitlyn McClure of Covington & Burling LLP.

  • Renewable Energy And Tax Reform

    Michael Andrews

    In the coming months, the debate over reforming the nation’s tax code will intensify, and the renewable energy tax provisions — the production tax credit and the investment tax credit — will be at risk of being either scaled back or eliminated altogether. But regardless of Washington politics, renewable energy deployment will likely continue to rise, say Michael Andrews and Brad Thompson of King & Spalding LLP.

  • Outdated Rules Are Holding Back Energy Storage

    Daniel Hagan

    Energy storage — which can act both like a generator, injecting electricity onto the grid, and like a transmitter or distributor, providing frequency response and load management — has massive growth potential in today’s energy markets. But current U.S. market rules and industry practices make it difficult to take full advantage of energy storage, say Daniel Hagan and Jane Rueger of White & Case LLP.

  • How The Most Profitable Law Firms Structure Their C-Suites

    Anita Turner

    The most successful Am Law 200 law firms have evolved from being partner-run to being run by a group of highly skilled professionals reporting to firm shareholders. The data collected from our recent survey indicates this model is generally conducive to increased profitability, says Anita Turner, senior director at Colliers International.