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Energy
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January 28, 2026
EPA Begins Rollback Of Biden-Era Smog Control Plan
The U.S. Environmental Protection Agency has proposed to reapprove pollution control plans from several states as part of its effort to undo a Biden-era rule curbing cross-border smog formation that was halted by the U.S. Supreme Court.
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January 28, 2026
Judge OKs Texas Wind Farm Owner's Cash Collateral In Ch.11
A Texas bankruptcy judge Wednesday allowed a wind farm owner in North Texas to access cash collateral, which would enable the company to operate during Chapter 11 proceedings and move to pursue an asset sale as a going concern.
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January 28, 2026
Colo. Drivers Claim $5M Damage From Gas-Diesel Mix-Up
Colorado residents filed a proposed class action Tuesday in federal court against two fuel station operators, alleging the companies distributed gasoline contaminated with diesel fuel to major gas stations in early January that caused more than $5 million in damage to their vehicles.
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January 28, 2026
Solar Panel Co. Sunrun Misclassifying Sales Reps, Suit Says
Solar panel company Sunrun Inc. misclassified its sales representatives as independent contractors in violation of Massachusetts workers' compensation law, a coalition of advocacy groups alleged in a complaint filed in state court.
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January 27, 2026
Venezuela Highlights 'Unique Issues' In $1B Exxon Award Suit
Venezuela on Monday urged the D.C. Circuit not to summarily toss its challenge to the enforcement of a $1 billion arbitral award issued to three Exxon Mobil subsidiaries, arguing that an issue left open by the circuit court in a previous, parallel decision warrants taking a closer look.
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January 27, 2026
EPA Says Enviro Groups Lack Standing To Fight Review Rule
The U.S. Environmental Protection Agency said the environmental groups challenging the agency's "project accounting" method for triggering air pollution review at industrial facilities lack the standing to pursue their fight, claiming that the challengers identified no harm at all from the agency's denial of their reconsideration bid.
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January 28, 2026
Law360 Seeks Members For Its 2026 Editorial Boards
Law360 is looking for avid readers of our publications to serve as members of our 2026 editorial advisory boards.
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January 27, 2026
'Assumed Risk' Bars Construction Death Suit, Ga. Panel Says
A Georgia Court of Appeals panel backed early wins Tuesday for SK Battery America Inc. and its contractors on a Peach State battery plant in a suit over a construction worker's fatal fall on the job, holding that the worker "assumed the risk of his injuries" by not tying himself to a safety line.
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January 27, 2026
Consumers Energy Seeks $42M For DOE Order Compliance
Michigan utility Consumers Energy Co. has asked the Federal Energy Regulatory Commission to let it recoup nearly $42 million in costs to comply with a controversial U.S. Department of Energy emergency order to keep a coal-fired power plant running.
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January 27, 2026
Investor Group Battles PG&E's $100M Wildfire Suit Deal
A faction of the proposed class members in a securities class action targeting Pacific Gas & Electric Co. have asked the California federal judge overseeing the case to deny a settlement of claims that the company misled investors about its safety practices ahead of deadly wildfires in the past decade.
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January 27, 2026
Steel Plant, Furnace Maker Sued Over Fatal Explosion In Pa.
A steelworker injured in a fatal explosion last year at the Braeburn Alloy Steel plant outside Pittsburgh has filed a negligence suit against the company that owns the plant, its subsidiaries and a pair of equipment companies, according to a complaint filed in Pennsylvania state court.
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January 27, 2026
Trump Admin's 'Irrational' Block On Wind Project Lifted
A Massachusetts federal judge on Tuesday lifted a Trump administration freeze on the nearly complete Vineyard Wind offshore energy project, saying the government had likely flouted federal law by failing to explain a "disconnect" between its stated concerns about national security and its willingness to allow completed turbines to continue operating.
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January 27, 2026
Baker Hughes Faces Venue Clash In $1.36M Oil Dispute
A venue dispute for an arbitration relating to a Saudi oil-and-gas project — a fight that arose after the Emirati forum named in the parties' pact was dissolved — continued Friday in Louisiana federal court with allegations that a construction company was flouting a year-old Fifth Circuit order.
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January 27, 2026
Nuke Discharge Law Isn't Preempted, NY Tells 2nd Circ.
New York has told the Second Circuit that a federal judge wrongly concluded that a state law barring the release of radioactive materials into the Hudson River was federally preempted.
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January 27, 2026
EU, India Reach Major Free Trade Agreement
The European Union and India have struck a deal on a free trade agreement including major tariff removals and reductions, culminating decades' worth of negotiations between the second- and fourth-largest economies in the world, the governments announced Tuesday.
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January 27, 2026
NRG, LS Power's $12B Natural Gas Deal Clears DOJ Scrutiny
The U.S. Department of Justice has cleared NRG Energy Inc.'s $12 billion acquisition of 18 natural gas-fired power plants from LS Power in a cash-and-stock deal guided by White & Case LLP, Milbank LLP and Willkie Farr & Gallagher LLP.
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January 26, 2026
Mich. AG's Antitrust Suit Charts New Path For Climate Torts
Michigan Attorney General Dana Nessel's antitrust lawsuit against fossil fuel companies opens a new front in climate change tort litigation, and is a riposte to red states using antitrust law to target pro-climate actions by companies.
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January 26, 2026
Angola Looks To Dodge $171M Seized Turbines Claim
The Republic of Angola is fighting back against a $171 million claim asserted by the Portuguese founder of energy company Aenergy SA over the alleged seizure of four turbines associated with $1.1 billion in power plant contracts, saying he is trying to "manipulate the facts."
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January 26, 2026
11th Circ. Won't Expedite Bid To Halt CFPB Energy Loan Rule
The Eleventh Circuit declined Monday to fast-track an appeal aimed at halting a new Consumer Financial Protection Bureau rule on clean-energy home improvement loans, rebuffing the rule's trade group challenger as the agency separately defended the Biden-era measure.
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January 26, 2026
10th Circ. Affirms $17M Atty Fee In Gas Well Royalty Case
On the third go around in the Tenth Circuit, a class led by Chieftain Royalty Co. on Monday had its $17.3 million attorney fee award unanimously affirmed for a settlement resolving a gas well royalty dispute, despite objections from two class members.
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January 26, 2026
DOJ Can't Sue Mich. To Stop 'Hypothetical' Climate Claims
A Michigan federal judge ruled on Saturday that the U.S. Department of Justice cannot preemptively block the state from filing climate-related claims against the fossil fuel industry, adding there's no precedent for such a move being allowed in the long history of state litigation against national industry groups.
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January 26, 2026
Truck Makers Say Calif. Delaying 'Clean Trucks Pact' Fight
Heavy-duty truck manufacturers on Monday accused California officials of trying to delay litigation over a 2023 agreement that would saddle manufacturers with stringent state emissions standards and stiff penalties for noncompliance in the coming years.
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January 26, 2026
Colo. High Court Says Xcel's Immunity Bid Went Too Far
A Colorado regulatory agency lacked the authority to approve a tariff limiting Xcel Energy's liability from a man's personal injury claim, the Colorado Supreme Court held Monday in a ruling that also rejected an appellate court's finding that the tariff does not extend to non-Xcel customers.
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January 26, 2026
Tribe, Enviro Groups Look To Vacate Alaska Gold Mine Permit
Conservation groups and an Alaskan tribe are seeking to void a U.S. Army Corps of Engineers permit to expand gold mining operations at the headwaters of the Johnson River, arguing that the agency violated a slew of environmental laws regarding potential effects to Cook Inlet beluga whales.
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January 26, 2026
Texas Jury Returns $46 Million Verdict Against Stone Supplier
A Texas jury slapped a stone supplier with a $46 million verdict, finding that a truck driver who ran over and killed a man in DeWitt County in 2019 was driving on behalf of the company at the time of the accident.
Expert Analysis
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NY Securities Class Action Ruling Holds Rare Timing Insights
A New York federal court's recent decision in Leone v. ASP Isotopes adopted the unusual posture of simultaneously denying a motion to dismiss and certifying claims to proceed as a class action, and its unique scheduling carries certain procedural and substantive implications, say attorneys at Labaton Keller.
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Bid Protest Spotlight: Evaluations, Redactions, Remands
Victoria Angle at MoFo examines three December bid protest decisions highlighting the scope of agency discretion when evaluating contractor proposals, the extent to which an agency may redact documents that comprise the record of its evaluation decisions, and the breadth of the U.S. Court of Federal Claims' discretion to grant government requests for remand.
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How FERC Is Shaping The Future Of Data Center Grid Use
Two recent orders from the Federal Energy Regulatory Commission affecting the PJM Interconnection and Southwest Power Pool regions offer the first glimpse into how FERC will address the challenges of balancing resource adequacy, grid reliability and fair cost allocation for expansions to accommodate artificial intelligence-driven data centers, say attorneys at Husch Blackwell.
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Class Actions At The Circuit Courts: January Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five rulings from October and November, and identifies practice tips from cases involving consumer fraud, oil and gas leases, toxic torts, and wage and hour issues.
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Series
Judges On AI: How Judicial Use Informs Guardrails
U.S. Magistrate Judge Maritza Dominguez Braswell at the U.S. District Court for the District of Colorado discusses why having a sense of how generative AI tools behave, where they add value, where they introduce risk and how they are reshaping the practice of law is key for today's judges.
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Navigating Battery Validation Risk In The EV Supply Chain
Vehicle electrification has moved battery system supply chains from a background component into the center of the automotive universe — and for legal teams, battery validation is now a driver of contractual disputes, regulatory exposure and even shareholder litigation, say Samuel Madden at Secretariat Advisors and Vanessa Miller at Foley & Lardner.
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Series
Adapting To Private Practice: 5 Tips From Ex-SEC Unit Chief
My move to private practice has reaffirmed my belief in the value of adaptability, collaboration and strategic thinking — qualities that are essential not only for successful client outcomes, but also for sustained professional satisfaction, says Dabney O’Riordan at Fried Frank.
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2026 Int'l Arbitration Trends: Awards Against Sovereign States
The enforcement of arbitral awards against sovereign states is one of the most contentious and rapidly evolving areas in international arbitration, with three defining issues on the 2026 horizon: the scope of sovereign immunity, assignability of rights, and availability of fraud and corruption defenses, say attorneys at Cleary.
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Series
Law School's Missed Lessons: How To Start A Law Firm
Launching and sustaining a law firm requires skills most law schools don't teach, but every lawyer should understand a few core principles that can make the leap calculated rather than reckless, says Sam Katz at Athlaw.
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Key False Claims Act Trends From The Last Year
The False Claims Act remains a powerful enforcement tool after some record verdicts and settlements in 2025, and while traditional fraud areas remain a priority, new initiatives are raising questions about its expanding application, says Veronica Nannis at Joseph Greenwald.
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What Texas Can Learn From La. About CO2 Well Primacy
The U.S. Environmental Protection Agency's granting Texas primary authority over wells used to inject carbon dioxide into deep rock formations is a significant step forward for carbon capture and storage projects in the state — but Louisiana's experience after it was granted primacy offers a cautionary tale, say attorneys at Phelps Dunbar.
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Series
Hosting Exchange Students Makes Me A Better Lawyer
Opening my home to foreign exchange students makes me a better lawyer not just because prioritizing visiting high schoolers forces me to hone my organization and time management skills but also because sharing the study-abroad experience with newcomers and locals reconnects me to my community, says Alison Lippa at Nicolaides Fink.
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2026 Int'l Arbitration Trends: M&A And Securities Disputes
Recent developments — such as the high-profile arbitration between ExxonMobil and Chevron, and the U.S. Securities and Exchange Commission's shift on its long-standing opposition to mandatory arbitration clauses in registration statements — highlight key issues to consider when drafting relevant agreements and arbitrating M&A disputes, say attorneys at Cleary.
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How A 1947 Tugboat Ruling May Shape Work Product In AI Era
Rapid advances in generative artificial intelligence test work-product principles first articulated in the U.S. Supreme Court’s nearly 80-year-old Hickman v. Taylor decision, as courts and ethics bodies confront whether disclosure of attorneys’ AI prompts and outputs would reveal their thought processes, say Larry Silver and Sasha Burton at Langsam Stevens.
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Why 2026 Could Be A Bright Year For US Solar
2025 was a record-setting year for utility-scale solar power deployment in the U.S., a trend that shows no signs of abating, so the question for 2026 is whether permitting, interconnection, and state and federal policies will allow the industry to grow fast enough to meet demand, say attorneys at Beveridge & Diamond.