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Project Finance

  • December 10, 2018

    Venezuela Fails To Nix $382M Award To Glassmaker

    Venezuela has lost its bid to nix a more than $382 million arbitral award issued to a subsidiary of glassmaker Owens-Illinois Inc. whose two glass production plants were seized, after an ad hoc committee rejected arguments that the award should be annulled because Venezuela's appointed arbitrator had allegedly become biased against it.

  • December 10, 2018

    House OKs Bill To Spur Tribes' Energy Projects

    The U.S. House of Representatives approved a bill Monday that will allow Native American tribes to take more control over energy development on their lands, teeing the legislation up for signature by President Donald Trump.

  • December 10, 2018

    EU Approves Germany's €350M Per Year Rail Freight Plan

    Europe’s competition enforcer said Monday that it has approved Germany’s plan to invest up to €350 million ($397.5 million) per year over the next several years to help move freight traffic from the roads to the rails, after finding the scheme is in line with the bloc’s state aid rules.

  • December 10, 2018

    Sunoco Pushes Pa. PUC To Ax Pipeline Shutdown Bid

    A Sunoco Inc. unit says objectors who have asked Pennsylvania to shut down two pipelines for transporting liquid natural gas couldn't prove that the pipelines were sufficiently dangerous or that the public lacked sufficient information about them, according to a brief filed Friday with the state's Public Utility Commission.

  • December 10, 2018

    Investment Co. Sues Schnader Harrison Over $10M Deal Flub

    A Schnader Harrison Segal & Lewis LLP attorney allowed a Canadian investment firm to become “ensnared in a toxic relationship” with an electric vehicle company by allowing the investment firm's stock value to be undercut and costing the firm $10 million, according to a malpractice suit filed Friday in New York federal court.

  • December 10, 2018

    DC Metro Concrete Conspirator Gets Year In Prison

    A Florida man who pled guilty to a fraud conspiracy charge for his role in falsifying data about the strength of concrete used in a D.C. Metro rail project will spend a year and a day behind bars, a Virginia federal judge said Friday.

  • December 10, 2018

    Keystone Developer Can't Prep Pipeline Construction

    Developer TransCanada Corp. may not move forward with certain pre-construction activities on the Keystone XL pipeline while the U.S. Department of State conducts its environmental review, a Montana federal judge has held, delivering another setback to the Trump administration’s bid to build the controversial pipeline amid protests by environmental and indigenous groups.

  • December 7, 2018

    Aegean Marine Announces Tentative Creditor Settlement

    Counsel for Greek marine refueling company Aegean Marine Petroleum Network Inc. told a New York bankruptcy court on Friday that the debtor had reached a tentative global settlement with its unsecured creditors, putting off what was expected to be a contentious hearing on several objections lodged by those creditors.

  • December 7, 2018

    Nexus Can Access Land For Pipeline Work, 6th Circ. Says

    A Sixth Circuit panel on Friday agreed with a lower court that gave Nexus Gas Transmission LLC quick access to landowners' properties in Ohio so that it could proceed with pipeline construction in a timely way.

  • December 7, 2018

    Corps, Dakota Access Say Tribes Didn't Obey Order

    The U.S. Army Corps of Engineers and Dakota Access LLC said that several Native American tribes had failed to follow a D.C. federal judge’s order to spell out what claims they plan to continue with in their challenge to the Dakota Access pipeline, as the tribes contended that the record in the case should be fleshed out first.

  • December 7, 2018

    NY Builder Gets 3 Years For Bribery, 'Buffalo Billion' Fraud

    The former president of COR Development Co. was sentenced to three years in prison Friday, following his conviction for bribing a former top aide to New York Gov. Andrew Cuomo and his role in a scheme to rig bids for hundreds of millions of dollars in state development contracts.

  • December 7, 2018

    Vt. Lets Entergy Transfer Nuke Plant To Demolition Firm

    Vermont utility regulators on Thursday approved a plan for Entergy Corp. to transfer a shuttered nuclear plant to a large-scale demolition firm with the goal of speeding up the decommissioning process, despite environmentalists' concerns that the company may not be up to the job.

  • December 7, 2018

    Data-Driven Lawyer: Morgan Lewis' J. Kyle Poe

    Morgan Lewis' J. Kyle Poe, a self-proclaimed "elder millennial," created a client management platform to streamline the firm's work in asbestos litigation that is now used across practice areas, making the firm's business more efficient and upping its ability to attract clients through innovative fee arrangements, earning him a spot on our 2018 list of Data-Driven Lawyers.

  • December 7, 2018

    State Dept. Can Still Count Relatives Toward EB-5 Visa Cap

    A D.C. federal judge refused to forestall the U.S. Department of State’s policy of counting foreign investors’ family members toward the EB-5 visa cap, dealing an early blow to a lawsuit levied by a group of Chinese investors who claim that the policy creates a lengthy visa backlog and conflicts with Congress’ intent.

  • December 7, 2018

    Better Together Is The Energy M&A Theme Of 2018

    Consolidation hit the oil and gas sector full-bore this year with multbillion-dollar tie-ups between drillers and tax and regulatory-driven roll-ups of midstream companies, while the appetite for renewable energy assets continued to grow. Here are five M&A trends that stood out to energy attorneys in 2018.

  • December 6, 2018

    NY Developer Gets 2 1/2 Years For 'Buffalo Billion' Bid-Rigging

    A founder and former general counsel for upstate New York developer COR Development Co. LLC on Thursday was sentenced to two and a half years in prison for his role in an alleged scheme to rig bids for upwards of $600 million in development projects including in the state's "Buffalo Billion" program.

  • December 6, 2018

    EPA's Coal Gift Hints At Broader Climate Policy Challenge

    The U.S. Environmental Protection Agency's Thursday rollback of Obama-era coal plant carbon dioxide emission regulations is intended to help revive the struggling industry and contains a hint that the administration is considering how to challenge or circumvent an earlier finding that CO2 endangers human health, experts said.

  • December 6, 2018

    Enviros Blast BLM Revamp To Sage-Grouse Plan

    The U.S. Bureau of Land Management on Thursday unveiled revisions of an Obama-era plan to protect greater sage-grouse and their habitat that environmental groups immediately denounced as a giveaway to oil and gas developers and other industries that threatens the bird's future.

  • December 6, 2018

    Young Climate Fight Warriors Want Pretrial Process To Move

    The young plaintiffs who are accusing the federal government of acting to make climate change worse asked a Washington federal judge to revise her prior order staying the case and let pretrial proceedings including discovery move forward.

  • December 6, 2018

    Energy Co. Fights PE Firm's Bid To Nix $100M Oil Asset Spat

    Gravitas Resources Corp. has asked a Texas appeals court to let it move forward with a claim for more than $100 million against a private equity firm it claims used confidential information about a 40,000-acre Utah oil and gas property to poach its opportunity to buy the energy assets.

Expert Analysis

  • How To Help Realize A Tax Equity Market For Carbon Capture

    Hunter Johnston

    In February, Congress amended Internal Revenue Code Section 45Q, creating a tax equity market that supports investment in carbon capture and storage projects. Additional guidance, like that proposed by the Carbon Capture Coalition, is needed in a number of key subject areas to unlock this market, says Hunter Johnston of Steptoe & Johnson LLP.

  • Transportation And Infrastructure — The Road Ahead: Part 2

    Carolina Mederos

    The chances that major transportation and infrastructure legislation may be passed have increased with the election of a House Democratic majority, and efforts to streamline permitting and regulation by federal agencies may further advance the prospects of significant infrastructure development, say attorneys with Squire Patton Boggs LLP.

  • Series

    Judging A Book: Ginsburg Reviews 'The Curse Of Bigness'

    Judge Douglas Ginsburg

    When reading Tim Wu’s new book, "The Curse of Bigness: Antitrust in the New Gilded Age," lawyers, economists and historians will find its broad brush maddening, and the generalist reader will simply be misled, says D.C. Circuit Judge Douglas Ginsburg.

  • Transportation And Infrastructure — The Road Ahead: Part 1

    Carolina Mederos

    With President Donald Trump and Democratic congressional leaders agreeing that transportation and infrastructure are high priorities, the next Congress is likely to consider a large-scale, broad infrastructure package. But the question of how to pay for it remains, say attorneys with Squire Patton Boggs LLP.

  • Stadium Development Can Breathe Life Into Urban Areas

    Maxine Hicks

    While stadiums have not been economically beneficial for local communities historically, new sports-oriented mixed-use projects built closer to urban areas — such as Atlanta's SunTrust Park — offer opportunities to revitalize underutilized properties and create true public-private partnerships, say Maxine Hicks and Andrew Much of DLA Piper.

  • Climate Change Lawsuits Face Crucial Hurdles

    John Lee

    The close of 2018 brings a chance to look at the state of climate change lawsuits filed in the last few years by both government entities and groups of young Americans. While each case type employs different legal strategies, both face similar challenges, says John Lee of Goldberg Segalla.

  • High Court's Frog Decision May Limit ESA Determinations

    Paul Weiland

    Two holdings from the U.S. Supreme Court's opinion in Weyerhaeuser v. U.S. Fish and Wildlife Service Tuesday are likely to limit the service’s interpretation of its authorities and provide the regulated community with the ability to challenge critical habitat designations under the Endangered Species Act, say Paul Weiland and Svend Brandt-Erichsen of Nossaman LLP.

  • What The FAA Act Says About Phones, Seats And Liability

    Timothy Lynes

    The 2018 Federal Aviation Administration Reauthorization Act includes sections that prohibit in-flight mobile phone communication, immunize passive finance parties from state tort liability and address airline seat size standards. The latter section will likely lead to an extensive rule-making process, says Timothy Lynes of Katten Muchin Rosenman LLP.

  • Jurors Should Ask More Questions During Trials

    Matthew Wright

    Permitting jurors to submit written questions, or even to pose questions orally to witnesses on the stand, advances several important goals and promotes both fairness and efficiency, says Matthew Wright of McCarter & English LLP.

  • Calif. Ruling Dings Engagement Letter Arbitration Clauses

    Sharon Ben-Shahar Mayer

    The California Supreme Court's recent decision in Sheppard Mullin v. J-M Manufacturing has cast doubt on arbitration clauses in attorney engagement agreements, jeopardizing the efficient resolution of malpractice claims and fee disputes, say Sharon Ben-Shahar Mayer and Mark Drooks of Bird Marella Boxer Wolpert Nessim Drooks Lincenberg & Rhow PC.