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Legal Expert Says Army Corps Rejection of Permit for Gateway Coal Export Terminal Looks “Pretty Air Tight”

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first_img FacebookTwitterLinkedInEmailPrint分享Christopher Coats in SNL:Few options have emerged for reviving the Gateway Pacific coal export terminal in Washington following the U.S. Army Corps of Engineers’ recent decision to halt permitting of the controversial project, according to stakeholders involved.On May 9, the Corps announced that it halted the permitting process for the terminal in response to a challenge from the Lummi Nation over fishing waters protected by tribal agreements. The project would have been one of the largest coal terminals ever built in the U.S.Project-backer SSA Marine, which previously suspended its own environmental review, stopped short of offering any clear plan for challenging the Corps’ decision when it was announced. However, a representative did tell S&P Global Market Intelligence that it is exploring all possible options for reviving the project.Mark Squillace, a University of Colorado law professor and former member of the U.S. Department of the Interior solicitor’s office, cast some doubt on the ability to challenge the decision in court. Squillace called the case “pretty air tight.”Specifically, Squillace cited a part of the decision that stated: “To evaluate impacts on treaty fishing rights, the Corps conducts a de minimis determination to determine whether the impacts to treaty fishing rights are of legal significance. If it is legally significant, then Congressional authorization would be required to allow the impact. The process includes request for specific information in the form of declarations regarding the Lummi’s fishing and crabbing activities at or near the proposed project.”“Importantly … the company does not appear to contest this point so it does not seem like it could be raised on appeal,” Squillace said. “And if that is indeed the legal standard, then I think the Corps has offered a solid justification for their decision.”For that reason, he said the court would be unlikely to find the Corps’ actions “arbitrary and capricious.”“It would not surprise me if the company appeals and there may be procedural issues that are not evident from the face of the decision, but on the merits I think the Corps is on pretty solid ground,” Squillace said.Full article $:   https://www.snl.com/InteractiveX/article.aspx?ID=36496440&KPLT=4 Legal Expert Says Army Corps Rejection of Permit for Gateway Coal Export Terminal Looks “Pretty Air Tight”last_img read more

Reds on right financial path – Ayre

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first_img Press Association But with turnover increasing by nine per cent to £206.1m and external debt down by 29 per cent to £45.1m – courtesy of an interest-free, inter-company loan from owners Fenway Sports Group – Ayre is upbeat about their future performance. This year’s finances will be boosted by a huge new television deal while the club, second in the Barclays Premier League table and six points clear of fifth-placed Tottenham, are on course to qualify for the Champions League – participation in which brings in an estimated £20m minimum. “These results demonstrate that the financial health of the club continues to make good progress as we continue our journey to transform the club on and off the pitch,” Ayre told the Liverpool Echo. “Over the past four or five years revenue has been consistently increasing from around £170m in 2009 to over £200m today – and external debt has decreased significantly to less than £50m. “With a hugely supportive ownership group, we have taken a measured approach to bring back financial stability to this great club by ensuring it is properly structured on and off the pitch.” The club have signed a number of significant sponsorship deals in the current season, which will only continue to bolster commercial revenues which rose to £97.7million in the year to May 2013, up from £63.9million. “These financial results are now up to 18 months old and we have continued to make further progress since this reporting period,” Ayre added. “Our strong links remain with our existing partners, signing new deals with Standard Chartered, Garuda Indonesia and Carlsberg, and we have recently announced five new partnerships which endorses the global appeal of the LFC brand.” Figures released for trading up to the end of May 2013 show the Reds made a loss after tax of £49.8m. The previous year the deficit was £40.5m, but that was for a 10-month period as the club re-aligned their accounting period with the football season. Ayre also praised the leadership of FSG, led by principal owner John Henry, which has seen external debt reduced by nearly £200million since they bought the club in October 2010. “With a hugely supportive ownership group we have taken a measured approach to bring back financial stability to this great club by ensuring it is properly structured on and off the pitch,” said Ayre. “During the period (of the most recent accounts), we signed six new players including Daniel Sturridge, Philippe Coutinho and Joe Allen, and we extended seven players’ contracts which included Daniel Agger, Martin Skrtel, Martin Kelly, Lucas Leiva and Raheem Sterling – adding depth and strength to the squad while continuing to develop young talent. “In addition, nine players were transferred out and eight players were loaned out. “We have also seen good progress being made regarding a proposed stadium expansion at Anfield. “Given where Liverpool Football Club was only a few years ago, the progress that has been made since FSG acquired the club has brought back much-needed stability with an ambitious vision which everyone is focused on.” Liverpool made a near-£50million loss in their last financial year but managing director Ian Ayre insists the club are heading in the right direction with reduced debts and record turnover.last_img read more