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Energy
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November 13, 2025
Clean Energy Cos. Tap Private Cash To Beat Tax Credit Clock
Clean energy developers are increasingly looking to privately held investors to ensure they can do enough work to keep their projects fully eligible for tax credits that start phasing out next year, energy development attorneys told Law360.
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November 13, 2025
Latin American Trade Deals With US Include Zero Tariff Rates
Latin American countries including El Salvador, Guatemala, Ecuador and Argentina committed to nontariff reductions for U.S. producers in exchange for a zero tariff rate on many imports not readily available in the U.S., under details of framework trade agreements the White House unveiled Thursday.
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November 13, 2025
EV Makers Tell 1st Circ. Fuel Economy Rule Freeze Unlawful
A coalition of electric vehicle manufacturers and suppliers told the First Circuit that the Trump administration has created a regulatory vacuum by refusing to enforce existing vehicle fuel economy standards, jeopardizing more than $100 million in compliance credits that are essential to the EV industry.
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November 13, 2025
High Court's Tariff Ruling May Trigger Refunds, Reimposition
Importers are being advised to prepare for potential refunds in the event the U.S. Supreme Court rules President Donald Trump's emergency tariffs are unlawful, leaving questions about how a refund process might play out and whether the duties would be reimposed.
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November 13, 2025
Fuel Excise Tax Is Most Used Carbon Measure, OECD Says
Fuel excise taxes are the most common measure aimed at curbing greenhouse gas emissions, according to a report released Thursday by the Organization for Economic Cooperation and Development, which noted that these provisions covered 24% of 79 countries' emissions in 2023.
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November 13, 2025
Winston & Strawn's Paris Arbitration Head Joins K&L Gates
K&L Gates LLP announced Thursday it has hired Winston & Strawn's former Paris head of arbitration as a litigation and dispute resolution partner to strengthen the firm in international arbitration.
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November 13, 2025
Insurers Say No Coverage For Conn. Quarry Closure Dispute
A pair of Allied World insurers said they don't owe coverage to East Haven, Connecticut, for a dispute over the politically motivated shutdown of a local quarry, telling a federal court that their duty to defend under the policies was never triggered.
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November 13, 2025
Mining Co. Digs At Friend Turned Foe In $7.38B Citgo Battle
A Bermuda mining company has sued a Canadian counterpart in the Delaware Chancery Court for allegedly using insider information from a confidential bidding alliance to switch sides in a court-run auction of Citgo Petroleum's parent company.
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November 13, 2025
Presidential Firing Limits Needed At FERC, Justices Told
Former Federal Energy Regulatory Commission members on Thursday told the U.S. Supreme Court that overturning limits on the president's authority to fire certain agency officials could undermine FERC's independent oversight of the electricity and gas industries and harm companies and consumers.
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November 12, 2025
Colo. Hemp Farmers' Subpoena 'Premature' In $200M Suit
A Colorado federal judge quashed two hemp growers' subpoena against a state solar company Wednesday and similarly shot down their attempt to force another solar company to produce certain documents in their lawsuit alleging that the company caused $200 million in crop damage while constructing a solar panel project.
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November 12, 2025
Wage Rule Inapplicable To 'Plug And Play' Work, Panel Told
A New Jersey utility systems installer told a state appellate panel Wednesday that its subcontracted cell tower work — limited to plugging in pre-terminated fiber optic cables — was wrongly categorized under the state's prevailing wage for electricians instead of the lower rate under the electrician teledata classification.
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November 12, 2025
Fed. Circ. Reverses Ax Of Oil Tool Patent And Fixes Error
The Federal Circuit ruled Wednesday that a Texas federal judge wrongly invalidated an oil well tool patent as indefinite, saying the patent contains a rare example of an error that is so clear it can be corrected by a court.
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November 12, 2025
Energy Co. Agrees To Class Status In 401(k) Fee Suit
NextEra Energy told a Florida federal court Wednesday that it agreed to the certification of a 20,000-member class in a lawsuit claiming the company misused forfeited 401(k) plan funds and allowed the plan's recordkeeper to charge excessive fees.
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November 12, 2025
2 Firms Guide Baytex On $2.3B Sale Of Eagle Ford Assets
Vinson & Elkins LLP and Burnet Duckworth & Palmer LLP are advising Baytex Energy Corp. on its agreement to sell its U.S. subsidiary, Baytex Energy USA Inc., to an undisclosed buyer for about $2.3 billion, the company said Wednesday.
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November 12, 2025
FERC Can't Order Refund Of Extra Tax Costs, DC Circ. Told
The Federal Energy Regulatory Commission requiring an Energy Transfer LP unit to refund customers extra costs tacked onto its rates for deferred federal income tax reasons was unlawful retroactive ratemaking, the subsidiary told the D.C. Circuit, urging a reversal of the commission's order.
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November 12, 2025
Ill. Justices Probe 'Catch-22' In $7B Grain Belt Line Fight
Illinois Supreme Court justices considering whether to uphold an Illinois agency's authorization of part of the $7 billion Grain Belt Express high-voltage transmission line on Wednesday pressed counsel for landowners insisting they shouldn't to address whether their argument creates a "catch-22" for the developer if it can't get funding without regulatory signoff but needs regulatory approval to secure financing.
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November 12, 2025
China Continues To Drive Surge In Global Patent Applications
The number of patent applications filed worldwide in 2024 surged, continuing years of growth due in significant part to filings out of China, according to a World Intellectual Property Organization report released Wednesday.
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November 12, 2025
Energy Dept. Sued Over Blue State Project Award Rescissions
Minnesota's capital city and several clean energy advocates have sued the U.S. Department of Energy in D.C. federal court over its termination of over $7.5 billion in grants for energy projects, accusing the agency of unconstitutionally targeting projects primarily in blue states.
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November 12, 2025
Pine Gate Gets $800M+ DIP After Revising Rollup
A Texas bankruptcy judge signed an order authorizing solar energy developer Pine Gate Renewables to roll up about $800 million in debt as part of its postpetition funding, after declining an earlier proposal that would have rolled up $1.4 billion on an interim basis.
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November 12, 2025
Boulder Fights Exxon's High Court Bid To Sink Climate Suit
The city and county of Boulder, Colorado, are asking the U.S. Supreme Court to reject Exxon Mobil Corp. and Suncor Energy Inc.'s request that it review the Colorado Supreme Court's decision to allow the city's climate change tort against the companies to proceed in state court.
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November 12, 2025
Marathon Prevails In Texas Business Court Gas Contract Trial
A Texas Business Court judge found in favor of Marathon Oil Co. on Tuesday after a bench trial earlier this month, ruling that Winter Storm Uri absolved Marathon from having to buy natural gas to make up for delivery shortfalls to a commodity trading company.
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November 12, 2025
Enbridge, Michigan Clash On Power To Shut Down Pipeline
Energy infrastructure company Enbridge and the state of Michigan on Wednesday debated before a federal judge whether state or federal authority should win the day in their long-running dispute over the future of a petroleum pipeline that crosses the Great Lakes.
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November 12, 2025
2nd Circ. Rejects Exxon's En Banc Plea Over Atty Fee Ruling
The Second Circuit has rejected Exxon, BP, Shell and the American Petroleum Institute's bid for en banc review of a lower court's decision to award attorney fees to New York City, which is suing them over allegations of deceptive practices around climate change.
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November 12, 2025
Baker Botts Gains Jackson Walker Energy Ace In Houston
Baker Botts LLP has added an experienced energy partner in Houston to its global projects department who came aboard from Jackson Walker LLP, the firm announced Wednesday.
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November 12, 2025
EPA Floats Rollbacks To Biden-Era PFAS Reporting Rule
The U.S. Environmental Protection Agency wants to back off parts of a rule requiring forever chemical manufacturers to provide information about the amount and type of chemicals they have produced, citing compliance costs and difficulties.
Expert Analysis
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Calif. Bar Exam Fiasco Shows Why Attys Must Disclose AI Use
The recent revelation that a handful of questions from the controversial California bar exam administered in February were drafted using generative artificial intelligence demonstrates the continued importance of disclosure for attorneys who use AI tools, say attorneys at Troutman.
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Max Pressure On Iran May Raise Secondary Sanctions Risk
New sanctions designations announced June 6 are the latest in a slew of actions the administration has taken to put pressure on Iran’s military programs and petroleum exports that will likely increase non-U.S. businesses’ secondary sanctions risk, says John Sandage at Berliner Corcoran.
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Justices Widen Gap Between Federal, Calif. Enviro Reviews
While the U.S. Supreme Court's recent opinion in Seven County Infrastructure Coalition v. Eagle County, Colorado, narrowed the scope of National Environmental Policy Act reviews, it may have broadened the gulf between reviews conducted under NEPA and those under the California Environmental Quality Act, say attorneys at Hanson Bridgett.
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In 2nd Place, Va. 'Rocket Docket' Remains Old Reliable
The U.S. District Court for the Eastern District of Virginia was again one of the fastest civil trial courts in the nation last year, and an interview with the court’s newest judge provides insights into why it continues to soar, says Robert Tata at Hunton.
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How Attorneys Can Become Change Agents For Racial Equity
As the administration targets diversity, equity and inclusion efforts and law firms consider pulling back from their programs, lawyers who care about racial equity and justice can employ four strategies to create microspaces of justice, which can then be parlayed into drivers of transformational change, says Susan Sturm at Columbia Law School.
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Public Cos. Must Heed Disclosure Risks Amid Trade Chaos
Ongoing uncertainties caused by President Donald Trump's shifting stances on tariffs and trade restrictions have exponentially escalated financial reporting pressures on public companies, so businesses must ensure that their operations and accounting practices align with the U.S. Securities and Exchange Commission's standards, say Jennifer Lee at Jenner & Block and Edward Westerman at Secretariat Advisors.
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Seven County Ruling Should Trim Agency Enviro Analysis
The U.S. Supreme Court's ruling in Seven County Infrastructure Coalition v. Eagle County provides needed clarity for infrastructure projects by expressly directing agencies to narrow environmental reviews, and reducing the threat of litigation if even tangential issues are not exhaustively evaluated, say attorneys at Dentons.
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Series
Running Marathons Makes Me A Better Lawyer
After almost five years of running marathons, I’ve learned that both the race itself and the training process sharpen skills that directly translate to the practice of law, including discipline, dedication, endurance, problem-solving and mental toughness, says Lauren Meadows at Swift Currie.
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Calif. Air Board Offers Early Hints On Climate Reporting
As initial reporting deadlines for California's new climate reporting laws approach, guidance provided by the California Air Resources Board in a virtual public workshop sheds some light on rulemaking to come, and how to prepare for compliance during this period of uncertainty, say attorneys at Simpson Thacher.
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Series
Law School's Missed Lessons: Supporting A Trial Team
While students often practice as lead trial attorneys in law school, such an opportunity likely won’t arise until a few years into practice, so junior associates should focus on honing skills that are essential to supporting a trial team, including organization, adaptability and humility, says Lucy Zelina at Tucker Ellis.
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Opinion
Address Nationwide Injunction Issues With Random Venues
Many of the qualms about individual district court judges' authority to issue nationwide injunctions could be solved with a simple legislative solution: handling multiple complaints about the same agency action filed in different district courts by assigning a venue via random selection, says Harvey Reiter at Stinson.
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Series
Adapting To Private Practice: From US Attorney To BigLaw
When I transitioned to private practice after government service — most recently as the U.S. attorney for the Eastern District of Virginia — I learned there are more similarities between the two jobs than many realize, with both disciplines requiring resourcefulness, zealous advocacy and foresight, says Zach Terwilliger at V&E.
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The Ins And Outs Of Consensual Judicial References
As parties consider the possibility of judicial reference to resolve complex disputes, it is critical to understand how the process works, why it's gaining traction, and why carefully crafted agreements make all the difference, say attorneys at Pillsbury.
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Opinion
The BigLaw Settlements Are About Risk, Not Profit
The nine Am Law 100 firms that settled with the Trump administration likely did so because of the personal risk faced by equity partners in today's billion‑dollar national practices, enabled by an ethics rule primed for modernization, says Adam Forest at Scale.
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House Bill Tax Tweaks Would Hinder Renewable Projects
Provisions in the budget reconciliation bill recently passed by the U.S. House of Representatives would rapidly phase out clean energy tax credits, constrain renewable energy financing arrangements and impose sweeping restrictions on projects with foreign ties, which may create compliance and supply chain issues for many developers, say attorneys at Paul Hastings.