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Energy
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December 19, 2025
Jury Awards DTE, Consumers Co. $394M In Power Plant Row
A Michigan federal jury on Thursday awarded more than $394 million to Consumers Energy Company and DTE Electric Company in a dispute alleging a Toshiba Corp. subsidiary botched upgrades to a hydroelectric power plant.
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December 18, 2025
Energy Transfer Wants Action On $345M Greenpeace Verdict
Energy Transfer begged a North Dakota state judge Thursday to enter final judgment on a $345 million defamation and property damage verdict over the Dakota Access pipeline protests, saying the case is "off the procedural map," and it heard from the judge an acknowledgment that it's taken over his professional life.
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December 18, 2025
FERC Orders PJM To Craft Data Center-Focused Grid Policies
The Federal Energy Regulatory Commission on Thursday took a step to tackle the electricity impacts of data center and artificial intelligence growth, ordering the nation's largest grid operator to create policies for co-locating large electricity users at power plants within its footprint.
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December 18, 2025
AI Energy Co. Stem Inc. Beats SPAC Merger Investor Suit
Artificial intelligence-driven energy storage company Stem Inc. and its brass no longer face investor claims of making misstatements ahead of a $1.35 billion merger with a blank check company after a judge found their latest complaint revisions didn't fix earlier issues.
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December 18, 2025
NY Appeals Court Lets $62M PDVSA Bond Feud Proceed
A New York appeals court on Thursday rejected a bid by Venezuela's state-owned oil company to find that service of a lawsuit over a roughly $62 million defaulted bond was insufficient under the Foreign Sovereign Immunities Act, ruling that the company had waived its right to be served in compliance with the act.
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December 18, 2025
SEC Settles With Accountant Accused Of Penny Stock Fraud
The U.S. Securities and Exchange Commission announced Thursday that a Canadian accountant will pay over $600,000 to end the agency's claims he was part of a scheme that promoted investments involving purported natural resource extractions that he knew were worthless to investors.
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December 18, 2025
7th Circ. Declines To Stay Alcoa Life Insurance Injunction
An injunction ordering aluminum producer Alcoa USA Corp. to reinstate certain retirees' life insurance benefits will remain active while the company appeals the underlying decision, the Seventh Circuit held Thursday, denying Alcoa's motion to stay the injunction.
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December 18, 2025
UC Researchers Near Reinstating $7B In DOE Grants
A California federal judge said Thursday she's inclined to grant a preliminary injunction ordering the Trump administration to reinstate $7 billion in Department of Energy grants awarded to researchers, saying they were canceled with form letters similar to those she's previously found to violate the Administrative Procedure Act.
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December 18, 2025
Ex-Connecticut Utility Regulator Fined Amid Records Brawl
Connecticut's Freedom of Information Commission voted unanimously to fine the former chair of the Public Utilities Regulatory Authority for the state agency's failure to comply with record requests from an Eversource subsidiary that has accused her of using her position illegally.
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December 18, 2025
IRS Guidance Discriminates Against Wind, Solar, Groups Say
Several groups, including the Natural Resources Defense Council and the city of San Francisco, asked a D.C. federal court Thursday to block the Internal Revenue Service from instituting new tax credit rules that they say illegally discriminate against wind and solar projects.
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December 18, 2025
No Enhanced Damages In $57M Coal Emissions IP Case
A Delaware federal judge has denied enhanced damages, but granted pre- and postjudgment interest, to a mercury emissions control company that secured a $57 million patent infringement verdict against several coal-refining companies affiliated with CERT Operations.
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December 18, 2025
Bad River Band Sues Army Corps Over Pipeline Reroute
A Wisconsin tribe is seeking to void a U.S. Army Corps of Engineers permit for the construction of a new 41-mile section of Enbridge Inc.'s Line 5 oil pipeline that will encircle its reservation, alleging that the agency failed to conduct required environmental reviews.
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December 18, 2025
Chemical Co. Seeks Contractor's Coverage For Mercury Suits
The successor to a chemical company told a Louisiana federal court in a lawsuit that it is an additional insured under policies obtained by a contractor working on its chemical facility and is owed coverage for nearly 200 underlying lawsuits claiming mercury exposure from the facility.
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December 18, 2025
Trump Media Combining With TAE In $6B Nuclear Fusion Deal
Trump Media and Technology Group said Thursday it has agreed to merge with TAE Technologies, a privately held fusion power company, in an all-stock deal valued at $6 billion that would create one of the first publicly traded fusion energy companies.
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December 17, 2025
GAO Partly Backs DOD Contract Protest Because Of Redactions
Heavy redactions from the U.S. Defense Logistics Agency in natural gas contract proposals prevented the U.S. Government Accountability Office from assessing whether two bidders deserved their awards, the GAO said Wednesday as it partially sustained an Oklahoma natural gas supplier's protest.
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December 17, 2025
Ex-Goldman Banker Can't Dodge Ghana Bribery Charges
A New York federal judge on Wednesday shot down a former Goldman Sachs banker's bid to escape charges over a purported scheme to bribe Ghanaian officials to greenlight a power plant deal, rejecting defense claims of improper sealing and speedy trial violations.
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December 17, 2025
Senate Sends $900B Defense Bill To Trump's Desk
The U.S. Senate on Wednesday passed a $900.6 billion defense policy and budget bill for 2026, which includes a provision aimed at putting pressure on Defense Secretary Pete Hegseth to release unedited video of boat strikes carried out in international waters near Venezuela.
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December 17, 2025
States, Groups Urge DC Circ. To Preserve EPA Soot Rule
The U.S. Environmental Protection Agency's request that the D.C. Circuit vacate a Biden-era soot rule is legally untenable and should be rejected, Democrat-led states and cities, along with health and environmental groups, told the court.
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December 17, 2025
Justices Asked To Hear $50M Zimbabwe Immunity Feud
Two Mauritian mining companies are urging the U.S. Supreme Court to resolve whether countries that agree to arbitrate an international dispute are also waiving their right to assert sovereign immunity in subsequent litigation to recognize a foreign judgment confirming an arbitral award.
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December 17, 2025
Energy Dept. Orders Wash. Coal Plant To Remain Open
The U.S. Department of Energy has ordered Washington's sole coal-fired power plant to remain open through March 2026, despite a state law that requires utilities to stop using coal-fired electricity by year's end.
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December 17, 2025
Repair Co. Not Owed Coverage For Damage Scheme Suits
A company that repairs tubular air heaters and its founder were not entitled to coverage for a criminal case and a civil suit alleging that they defrauded customers by deliberately damaging property in order to secure repair jobs, an Illinois federal court ruled.
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December 17, 2025
PG&E Electrical Transformer Bomber Gets 10 Years In Calif.
A California federal judge Wednesday sentenced a San Jose software engineer to 10 years in prison for willfully bombing Pacific Gas & Electric Co. electrical transformers using homemade explosives in late 2022 and early 2023, the U.S. Department of Justice announced.
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December 17, 2025
Trade Court Remands Pipe Fitting Duty Scope For 2nd Time
The U.S. must better explain how it deemed certain products outside the scope of a 30-year-old antidumping duty order on Chinese pipe fittings for a second time, the U.S. Court of International Trade ruled, finding the government's analysis insufficient.
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December 17, 2025
Anker, Ugreen Near Peace In Mobile Power Bank Patent Suit
Electronics-makers Anker and Ugreen have reached a tentative agreement to end Anker's intellectual property claims accusing its rival of infringing a patent for a mobile power bank and marketing "virtually identical" products to consumers.
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December 17, 2025
5th Circ. Judges Knock Biden NLRB For 'Gamesmanship'
Four dissenting Fifth Circuit judges slammed the National Labor Relations Board's "political gamesmanship" Wednesday as the court declined to rethink a panel's decision to enforce a Biden-era board ruling that knocked Exxon for violations the Trump-era board rejected.
Expert Analysis
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What Developers Must Know About PJM Grid Connection Plan
As PJM Interconnection, the nation's largest grid operator, reforms its interconnection process in an effort to accelerate capacity expansion amid surging demand, developers interested in PJM's new expedited track should anticipate significant up-front costs, and plan carefully to minimize delays that could jeopardize project completion, say attorneys at King & Spalding.
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Series
The Law Firm Merger Diaries: Making The Case To Combine
When making the decision to merge, law firm leaders must factor in strategic alignment, cultural compatibility and leadership commitment in order to build a compelling case for combining firms to achieve shared goals and long-term success, says Kevin McLaughlin at UB Greensfelder.
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Global Net-Zero Shipping Framework Faces Rough Waters
The decision of the International Maritime Organization's Marine Environment Protection Committee to delay its proposal for reducing greenhouse gas emissions from ships, in the face of strenuous U.S. objections, highlights the importance of proactive engagement with policymakers and strategic planning for different compliance scenarios, say attorneys at Blank Rome.
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1st Trial After FCPA Pause Offers Clues On DOJ Priorities
After surviving a government review of Foreign Corrupt Practices Act enforcement, the U.S. v. Zaglin case reveals the U.S. Department of Justice still appears willing to prosecute individuals for conduct broadly consistent with classic priorities, despite the agency's new emphasis on foreign policy priorities, say attorneys at Debevoise.
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Opinion
Despite Deputy AG Remarks, DOJ Can't Sideline DC Bar
Deputy Attorney General Todd Blanche’s recent suggestion that the D.C. Bar would be prevented from reviewing misconduct complaints about U.S. Department of Justice attorneys runs contrary to federal statutes, local rules and decades of case law, and sends the troubling message that federal prosecutors are subject to different rules, say attorneys at HWG.
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How New Law Transforms Large-Load Power Projects In Texas
S.B. 6 — the new Texas law that revises state regulations for large electrical loads and related behind-the-meter projects — introduces higher up-front costs for developers and more flexible operating models for large-load customers, but should provide the certainty needed for greater investment in generation, say attorneys at Sidley.
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Rule Amendments Pave Path For A Privilege Claim 'Offensive'
Litigators should consider leveraging forthcoming amendments to the Federal Rules of Civil Procedure, which will require early negotiations of privilege-related discovery claims, by taking an offensive posture toward privilege logs at the outset of discovery, says David Ben-Meir at Ben-Meir Law.
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Series
My Miniature Livestock Farm Makes Me A Better Lawyer
Raising miniature livestock on my farm, where I am fully present with the animals, is an almost meditative time that allows me to return to work invigorated, ready to juggle numerous responsibilities and motivated to tackle hard issues in new ways, says Ted Kobus at BakerHostetler.
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Justices' Ruling Will Ease Foreign Arbitral Award Enforcement
The U.S. Supreme Court's recent decision in Fuld v. Palestine Liberation Organization suggests that U.S. courts can constitutionally decide whether to recognize and enforce foreign arbitral awards in accordance with U.S. treaty obligations, regardless of the award debtor's connections to the U.S., says David Cinotti at Pashman Stein.
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Litigation Funding Could Create Ethics Issues For Attorneys
A litigation investor’s recent complaint claiming a New York mass torts lawyer effectively ran a Ponzi scheme illustrates how litigation funding arrangements can subject attorneys to legal ethics dilemmas and potential liability, so engagement letters must have very clear terms, says Matthew Feinberg at Goldberg Segalla.
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What Shutdown's End Means For Worker Safety Enforcement
The Occupational Safety and Health Administration and Mine Safety and Health Administration may emerge from the government shutdown struggling to juggle complaint backlogs, litigation delays and newly enacted policies with a reduced and demoralized workforce, so employers should stay alert, say attorneys at Conn Maciel.
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Power Market Reforms Push Data Center Lease Rates Higher
Rising demand, constrained supply and ongoing reforms, amid a rush for reliable, near-term computing capacity, are putting pressure on data center leasing renewal rates in large markets such as the Electric Reliability Council of Texas and PJM Interconnection Inc., say attorneys at Weil.
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Calif. Species Protections Will Increase Compliance Burdens
California's recently enacted A.B. 1319 automatically protects species when the federal government rolls back its own protections — which could mean an onslaught of state-level compliance mandates for the regulated community that come with no advance notice or public hearings, says attorney David Smith.
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Class Actions At The Circuit Courts: November Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five recent rulings and identifies practice tips from cases involving claims related to oil and gas royalty payments, consumer fraud, life insurance, automobile insurance, and securities violations.
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E-Discovery Quarterly: Recent Rulings On Dynamic Databases
Several recent federal court decisions illustrate how parties continue to grapple with the discovery of data in dynamic databases, so counsel involved in these disputes must consider how structured data should be produced consistent with the requirements of the Federal Rules of Civil Procedure, say attorneys at Sidley.