Project Finance

  • April 25, 2018

    Consol Beats Bid To Halt Mine Expansion Under Pa. Park

    A Pennsylvania environmental appeals board on Tuesday shot down a petition seeking an immediate pause on a permit allowing Consol Energy Inc. to expand an underground coal mine, already the largest such operation in North America, below a state park.

  • April 25, 2018

    Subsea 7 Says It's Open To Talks After McDermott Rejection

    Subsea 7 SA on Wednesday said it would be open to adjusting its $2 billion bid for McDermott International Inc., after the engineering and construction company's recent rejection of the proposal, but said a new offer is possible only if the Houston-based firm agrees to come to the negotiating table.

  • April 25, 2018

    Okla. High Court Nixes Utility's Coal Plant Revamp

    The Oklahoma Supreme Court on Tuesday vacated an Oklahoma Corporation Commission decision allowing Oklahoma Gas and Electric Co. to retrofit a coal power plant with $500 million in pollution controls, saying the regulator didn't have the authority to do so.

  • April 25, 2018

    10th Circ. Says Enable Can Keep Pipeline, At Least For Now

    Enable Midstream Partners LP will not be forced to rip up 1,300 feet of pipeline on land held in trust for a group of tribal landowners by the federal government prior to the merits of the case being heard on appeal, the Tenth Circuit said Tuesday.

  • April 25, 2018

    Enviros Take FERC Pa. Pipeline Approval Fight To DC Circ.

    The Delaware Riverkeeper Network on Tuesday urged the D.C. Circuit to review the Federal Energy Regulatory Commission's approval of a Kinder Morgan unit's $144 million pipeline project in Pennsylvania, which the green group claims was based on a flawed environmental analysis.

  • April 24, 2018

    MarkWest Strikes Deal With EPA, Pa. Over Alleged Emissions

    MarkWest Liberty Midstream Resources LLC will pay a $610,000 civil penalty, spend $2.6 million on minimizing emissions from its facilities and take on environmentally beneficial projects worth $2.4 million to settle claims it flouted air pollution laws, the U.S. Environmental Protection Agency announced Tuesday.

  • April 24, 2018

    Puerto Rico Judge Must Rethink Sharing Of Fiscal Plan Docs

    A Puerto Rican federal judge said Tuesday that the magistrate judge overseeing the investigation into the origins of the island's crippling debt crisis needs to reconsider what information its government can and cannot assert is privileged.

  • April 24, 2018

    Pruitt Floats Overhaul To EPA Scientific Review Process

    U.S. Environmental Protection Agency Administrator Scott Pruitt on Tuesday proposed a rule that would prevent the agency from promulgating regulations using research that isn't publicly available, mirroring legislation that's advanced in the GOP-controlled Congress but hasn't yet made it into law.

  • April 24, 2018

    Orrick Adds Vinson & Elkins Atty To Run Tokyo Oil, Gas Group

    Orrick Herrington & Sutcliffe LLP hired a former Vinson & Elkins LLP managing partner to co-head its expanding oil and gas practice, adding an attorney with experience in Japan and other international markets to its Tokyo office.

  • April 24, 2018

    In Turnabout, Judge Erases Challenge To NM Drilling Permits

    A New Mexico federal judge on Monday rejected all challenges by environmental groups and a Navajo tribal group seeking to block the Bureau of Land Management from allowing further drilling in New Mexico’s Mancos Shale, after originally saying the groups' National Historic Preservation Act allegations had merit.

  • April 23, 2018

    FirstEnergy Reaches Deal With Creditors In Ch. 11 Cases

    FirstEnergy Corp. announced Monday that it has reached a settlement agreement with two groups of “key creditors” in the Chapter 11 cases for its bankrupt power-generating subsidiaries that would fully release the parent company from bankruptcy claims and help facilitate final resolution of the cases.

  • April 23, 2018

    EPA Says Forest Biomass Energy Is 'Carbon Neutral'

    The U.S. Environmental Protection Agency on Monday said it will treat as "carbon neutral" the burning of wood and wood byproducts at power plants and other facilities, a policy declaration that pleased the forestry industry and dismayed environmental groups.

  • April 23, 2018

    DC Circ. Asked To Rethink Decision On 2008 Ozone Rule

    The Los Angeles-area air quality regulator on Friday asked a D.C. Circuit panel to reconsider its decision partially vacating the U.S. Environmental Protection Agency’s 2008 ozone standards implementation rule.

  • April 23, 2018

    Miami Slams Marlins' 'Sour Grapes' Push For Arbitration

    Miami asked a Florida federal court Friday to deny a "sour grapes" bid by the Marlins to dissolve a state court finding that international arbitration can’t be used in a dispute over the government’s piece of the baseball team’s $1.2 billion sale, saying the federal court shouldn't get involved and calling the team "state court losers."

  • April 23, 2018

    Shell Unit Can't Duck Class Action Over Pa. Lease Bonuses

    A Pennsylvania federal judge on Friday sided with landowners in a class action alleging a Royal Dutch Shell unit failed to pay them contractually obligated bonuses on oil and gas leases, saying the documents exchanged between the company and landowners in brokering the leases constituted an enforceable contract.

  • April 23, 2018

    McDermott Snubs $2B Acquisition Bid, Focuses On CB&I Buy

    Houston-based engineering and construction company McDermott International Inc. on Monday said its board rejected Subsea 7 SA's roughly $2 billion acquisition offer, reiterating its commitment to buy Chicago Bridge and Iron NV in an all-stock deal that boasts a roughly $6 billion enterprise value.

  • April 23, 2018

    5th Circ. Rejects Citgo's Bid For Redo On $81M Spill Penalty

    The Fifth Circuit said Friday it would not rethink its recent confirmation of an $81 million Clean Water Act penalty against Citgo Petroleum Corp. stemming from a 2006 oil spill, despite the company’s protests.

  • April 23, 2018

    Alleged Atty Conflict Not Enough To Doom Biofuel Indictment

    A Pennsylvania federal judge refused Friday to throw out a criminal fraud case against a former biofuel company executive who had alleged the government was aware his attorneys at Brownstein Hyatt Farber Schreck LLP had a conflict of interest but did not intervene.

  • April 23, 2018

    Energy Co. Tells 9th Circ. To Reject Mine Ruling Challenge

    An energy company urged the Ninth Circuit on Friday not to rethink a panel ruling backing a lower court decision that rejected a challenge to a uranium mining project near the Grand Canyon, saying the appeal from a coalition of environmental groups doesn't present any especially important questions.

  • April 23, 2018

    Akin Gump Guides CenterPoint Energy's $6B Vectren Buy

    Houston-headquartered CenterPoint Energy said Monday it will take over Vectren Corp. in a $6 billion deal guided by Akin Gump Strauss Hauer & Feld LLP that will expand the company’s electric and natural gas distribution capabilities further into the Midwest.

Expert Analysis

  • What’s Next For GHG And Fuel Economy Regulation?

    Jackie Glassman

    While the U.S. Environmental Protection Agency's recent announcement that it will reconsider Obama-era automobile greenhouse gas emissions standards is generating controversy, it was not unexpected, say Jackie Glassman and Rachel Tennis of King & Spalding LLP.

  • State Electric Generator Subsidies Challenge FERC Markets

    Richard Drom

    In recent weeks, regional transmission organizations have attempted to amend their Federal Energy Regulatory Commission tariffs to protect their energy and capacity markets from state subsidies for certain types of power generation. Such subsidies challenge FERC’s authority to effectively operate competitive wholesale markets, says Richard Drom of Eckert Seamans Cherin & Mellott LLC.

  • New Remedial Actions For Tax-Advantaged Bonds And P3s

    Travis Gibbs

    Under an IRS revenue procedure issued on April 11, 2018, issuers of tax-advantaged bonds have new remedial actions available to them to cure unqualified uses that previously would result in loss of tax-advantaged status. Attorneys at Nixon Peabody LLP explain the new procedures.

  • Must FERC Weigh GHG Emissions In Pipeline Reviews?

    Jay Costan

    The additional analysis on downstream greenhouse gas emissions required by the D.C. Circuit's recent ruling in Sierra Club v. Federal Energy Regulatory Commission has the potential to further delay an already burdened FERC pipeline approval process, says James Costan of Dentons.

  • Best Practices For Building A Better Meeting

    Nicholas Cheolas

    How can we improve meetings in the legal industry, which tends to evolve with the speed of a tranquilized water buffalo mired in quicksand? Breaking it down to three phases can yield significant benefits, says Nicholas Cheolas of Zelle LLP.

  • Status Update On 'One Federal Decision' Project Reviews

    Raya Treiser

    Last week, a dozen federal agencies signed a memorandum of understanding committing to a more coordinated and streamlined federal review process. But because there have been no changes to underlying statutory requirements, each agency will still have to determine that a project review meets its respective legal obligations, say Raya Treiser and Nathaniel Custer of WilmerHale.

  • 5 Ways Law Firms Are Becoming More Like Hotels

    Bella Schiro

    One way law firms differentiate themselves from the competition to attract and retain top talent is through their real estate and workplace strategies. Taking a lead from the hospitality industry can help create a more inviting, welcoming and collaborative workspace environment, says Bella Schiro of Jones Lang LaSalle Inc.

  • Opinion

    Gorsuch's 1st Year Shows He Is A Conservative Activist

    Elliot Mincberg

    In his first year on the U.S. Supreme Court, Justice Neil Gorsuch has proven to be a narrow-minded elitist who consistently votes in favor of corporations and the powerful, acting to roll back protections for workers, consumers, LGBTQ individuals and other marginalized communities, says Elliot Mincberg of People for the American Way.

  • The Many Challenges Facing Venezuela Bribery Suit: Part 2

    Richard Cooper

    Resolution of the standing issues raised in the U.S. bribery suit brought by Venezuela’s state-owned oil company PDVSA may have implications not just for this case, but for whether PDVSA may be bound by the Venezuelan government to any future debt restructuring, say Richard Cooper and Boaz Morag of Cleary Gottlieb Steen & Hamilton LLP.

  • How Is EPA's New Source Review Guidance Helpful?

    Richard Alonso

    The U.S. Environmental Protection Agency recently issued a memo reinterpreting regulations that determine when a project could trigger new source review. In this new policy directive, the EPA is now reinterpreting its existing regulations to allow sources to use this type of project analysis to assess whether an NSR permit is required, say attorneys with Sidley Austin LLP.