Environmental Civil Procedure Finance & Banking

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California’s High Speed Rail Project. Are We Done With the Drama?

Proponents of California’s high-speed rail project cleared a major hurdle this past week when the California Supreme Court declined to review a California Court of Appeals ruling which held that the state’s funding plan did...more

Ruling on Discovery Disputes in “SolarCity” Cash Grant Litigation

On August 29, 2014, Judge Bruggink heard oral argument and ruled on plaintiffs’ motion to compel the production of documents and information requested from the Department of the Treasury (“Treasury”) regarding plaintiffs’...more

U.S. Export-Import Bank Financing of Australian LNG Project Avoids Endangered Species Act Challenge – For Now

In the K&L Gates’ Global Government Solutions 2014 Annual Outlook, we reported on a case filed in the U.S. District Court for the Northern District of California raising questions about whether inter-agency consultations...more

SolarCity Discovery Motion Details Treasury’s Cash Grant Processes and Treasury’s Communications with SolarCity

On June 23, 2014, Covington & Burling (C&B), on behalf of affiliates of SolarCity Corporation (“SolarCity”) filed a motion in the Court of Federal Claims to compel Treasury to produce documents related to the setting of...more

There May Be Trouble Ahead: Legal Challenges on Home Turf Threaten U.S. Ex-Im Bank Funding for Foreign Mining Projects

The Export-Import Bank of the United States (Ex-Im Bank) is facing a new wave of legal challenges related to the financing of natural resource projects outside of the US, and which threaten to de-rail one of Western...more

Real Property, Financial Services & Title Insurance Case Law Update: Week Ending January 31, 2014

I. FLORIDA STATE CASES - ILAN NIEUCHOWICZ - - Sinkhole Insurance Claim: trial court was required by Fla. Stat. § 627.7074 to stay insured’s lawsuit against insurer immediately after insurer filed request for neutral...more

County Application for Jail Expansion State Funding Not a “Project” Requiring CEQA Review

In 2011, after the state legislature approved realignment legislation and funds to shift low-level offenders from state prisons to county jails, Orange County (“County”) applied for state funding to expand its jail facility...more

All About “Commitment”: CEQA Review is Not Triggered By Orange County’s AB 900 Application For State Funding To Expand Existing...

In a decision recently ordered published, the Fourth District Court of Appeal added to the growing progeny of Save Tara, and affirmed the trial court’s judgment denying the City of Irvine’s writ petition seeking to compel...more

“SolarCity” Cash Grant Case Survives DOJ’s Motion to Dismiss

Today, Judge Bruggnick of the Court of Federal Claims denied the Department of Justice’s (DOJ) motion to dismiss the complaint filed by two special purpose entities affiliated with SolarCity regarding the Treasury’s...more

“These are the Glengarry leads. And to you, they’re gold.”

A Friday Miscellany “How did you even find out about me?” This article by Ronald Campbell in yesterday’s The Orange County Register: “Irvine music festival raises money boiler-room style,” tells an interesting story...more

Big Week for Minnesota Governor Mark Dayton

On Thursday, the Senate passed HF 130, authored by Senator Claire Robling (R-Jordan), as amended by conference committee, in a 37 – 28 vote. This is the Phase One budget bill which was passed earlier by the House. The bill...more

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