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Energy
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September 30, 2025
Feds Insist They Can Block Michigan AG's Climate Suit
The Trump administration told a federal court its bid to stop Michigan from filing an anticipated climate change lawsuit is not premature, as the state's attorney general has not backed down from her litigation plans.
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September 30, 2025
Ballard Spahr Rehires Solar Co. Attorney In Salt Lake City
An attorney who started his legal career at Ballard Spahr LLP has rejoined the team in Salt Lake City after working for years as part of the in-house legal team at New Orleans-based solar energy provider PosiGen, the firm recently announced.
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September 29, 2025
Zurich Wins $2M Coverage Dispute Over Wrongful Death Suit
A Colorado federal judge dismissed the claims of a pipeline construction company against Zurich Monday after the court found the insurance policy between the insurer and one of the construction company's subcontractors only allowed coverage up to $1 million, not $2 million.
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September 29, 2025
Lithium Co. Beats Investor Suit Over Extraction Rate Claims
Canadian extraction plant operator Standard Lithium Ltd. on Monday escaped a proposed shareholder class action accusing it of misleading investors about the production capabilities of a U.S. plant after a federal judge determined the suit does not show investors were harmed by inconsistencies between its public statements and disclosures it made to a state government agency.
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September 29, 2025
Venezuela Must Pay $1B ExxonMobil Award, Judge Rules
A D.C. federal judge enforced a $1 billion arbitral award against Venezuela in a dispute with three Exxon Mobil affiliates, saying the interim government's argument that the tribunal wrongly allowed the illegitimate government of president Nicolás Maduro to argue the case is foreclosed under D.C. Circuit precedent.
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September 29, 2025
Utah Tribe Seeks Sanctions In Water Fight With Farm Cos.
A Native American tribe has asked a Utah federal court for sanctions up to default judgment against a group of farm companies in a water use lawsuit, saying their failure to comply with any order and participate in the litigation willfully ignores the suit's seriousness.
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September 29, 2025
Feds' Clean Air Fix Would Shutter Detroit Plant, Judge Hears
The federal government on Monday asked a Michigan federal judge to order a Detroit facility that produces coke for steelmaking to install processes that would reduce its sulfur emissions and pay a $140 million fine for Clean Air Act violations, while the facility told the court such an order would essentially shutter the operation.
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September 29, 2025
NLRB Judge Rejects Waiver Defense In Health Cost Row
A National Labor Relations Board judge on Monday said a Kentucky energy nonprofit violated federal labor law by hiking workers' healthcare costs without negotiating, rejecting the employer's argument that the workers waived their right to bargain.
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September 29, 2025
Chancery Mulls Bid To Toss AI-Linked Battery Co. SPAC Suit
Attorneys representing a blank-check company that took artificial intelligence-driven energy storage business Stem Inc. public in April 2021 argued in Delaware's Court of Chancery on Monday that investors suing over the deal are following a "free pass to trial" strategy that the court has cautioned against.
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September 29, 2025
Sidley, Hogan Lovells Guide Ares' $1B Meade Pipeline Buy
Sidley Austin LLP-advised Ares Management Corp. said Monday that it has acquired Hogan Lovells-led Meade Pipeline Co. from XPLR Infrastructure LP, an affiliate of NextEra Energy, for about $1.1 billion.
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September 29, 2025
Solar Plant Justified $45M Easement Break, Tax Court Told
A partnership is entitled to a roughly $45 million tax deduction for donating a conservation easement that protected hundreds of acres in Texas from potentially being used to host a solar power plant, the partnership told the U.S. Tax Court.
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September 29, 2025
Trump Admin Opens Lands, Wallets To Boost US Coal
The Trump administration on Monday announced a suite of actions to help boost the U.S. coal industry, including opening up more federal lands to coal leasing and providing compliance relief and federal funding for coal-fired power plants.
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September 29, 2025
Billionaire On The Hook For $9M In Failed Australia Claim
Australia on Saturday claimed victory in a $198 billion investor-state claim over a nixed iron ore project asserted by Australian mining magnate and billionaire Clive Palmer, who immediately vowed to challenge the award in Switzerland.
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September 29, 2025
Duane Morris, DLA Piper Steer $1.2B Hadron SPAC Deal
Duane Morris LLP-advised nuclear energy company Hadron Energy on Monday announced plans to go public through a merger with special purpose acquisition company GigCapital7 Corp., led by DLA Piper, in a deal that values the company at $1.2 billion.
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September 26, 2025
Exxon Beats BP's Defense Claims In Brooklyn Oil Spill Row
Exxon Mobil Corp. wasn't required to defend BP Products North America against lawsuits resulting from a Brooklyn oil spill nearly 50 years ago — or pay its multimillion-dollar legal tab — the Second Circuit ruled Friday, saying that an Illinois "complete defense" rule applicable to insurers doesn't cover indemnification deals between non-insurers.
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September 26, 2025
Slovakia Seeks €1.83M Default Penalty From Texas Energy Co.
Slovakia urged a Texas federal court Friday to issue a default judgment of €1.83 million ($2.14 million) against a U.S. energy company that had at one point sought $2.1 billion from the country in arbitration over failed development plans.
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September 26, 2025
DC Circ. Examines FERC's Revised Grid Hookup Policy
The D.C. Circuit is set to decide whether the Federal Energy Regulatory Commission made a mistake when overhauling its policy for hooking up new power projects to the grid, after spending the entire morning and part of the afternoon Friday going over the penalty framework.
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September 26, 2025
Calif. Power Market Law Is A Clean Energy Game-Changer
California's recent passage of a law further expanding its electricity markets beyond its borders could catalyze clean energy project development in the Golden State, as well as other states throughout the West.
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September 26, 2025
Tribunal Bars Niger From Selling Uranium Amid Orano Dispute
An international tribunal has ordered Niger not to sell uranium produced by the mining company Somaïr after it was seized by the government earlier this year, part of an ongoing arbitration initiated by French nuclear fuel cycle company Orano at the International Centre for Settlement of Investment Disputes.
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September 26, 2025
Hong Kong Judge Rules $109M Fraud Dispute Stays In Court
A Hong Kong judge refused Friday to send a dispute over ownership of a lucrative copper-lead-zinc mine in the Republic of Congo and an alleged $109 million fraudulent transfer to arbitration, rejecting claims asserted by a Chinese state-owned entity that the matter fell under an arbitration clause.
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September 26, 2025
Dr. Evil Gets Brief Callout In Del. Take-Public Merger Suit
Attorneys for a blank-check company that claimed at least $30 million in damages in Delaware's Court of Chancery after an alleged take-public merger breach on Friday branded the accused breacher's $2.1 billion counterclaim as being "worthy of Dr. Evil in the 'Austin Powers' movies."
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September 26, 2025
Chemical Plant Spat Must Unfold In NY, NC Court Is Told
A Swiss chemical technology company urged a North Carolina state judge Friday to toss a suit alleging that it bungled work on a $200 million plant, arguing during a hearing that it is not a construction company as defined in a state law undergirding where the claims can be litigated.
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September 26, 2025
Feds Say They Have Standing To Block Hawaii Climate Suit
The federal government is urging a Hawaii federal court not to dismiss its suit aiming to block the state's climate change suit against energy companies, saying it has standing because the state's action would usurp its authority to regulate pollution.
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September 26, 2025
Judge Won't Halt EPA's $3B Climate Grant Cuts During Appeal
A Washington, D.C., federal judge denied conservation groups' and local governments' effort to stop the U.S. Environmental Protection Agency from ending a $3 billion climate grant program while they appeal the dismissal of their lawsuit.
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September 26, 2025
High Court Pauses Distribution Of $4B Foreign Aid
The U.S. Supreme Court ruled Friday that the Trump administration can hold onto $4 billion in frozen foreign aid funding while Congress considers a proposal to cut it, pausing a lower court order that required the federal government to spend the money before the end of the month.
Expert Analysis
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What To Watch For As High Court Mulls NRC's Powers
If successful, Texas’ challenges to the U.S. Nuclear Regulatory Commission’s authority — recently heard by the U.S. Supreme Court and currently pending before a Texas federal court — may have serious adverse consequences for aspiring NRC licensees, including potential nuclear power plant operators, say attorneys at Haynes Boone.
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Series
Adapting To Private Practice: From NY Fed To BigLaw
While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.
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Cos. Face Enviro Justice Tug-Of-War Between States, Feds
The second Trump administration's sweeping elimination of environmental justice policies, programs and funding, and targeting of state-level EJ initiatives, creates difficult questions for companies on how best to avoid friction with federal policy, navigate state compliance obligations and maintain important stakeholder relationships with communities, say attorneys at Arnold & Porter.
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Top 3 Litigation Finance Deal-Killers, And How To Avoid Them
Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.
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NEPA Repeal Could Slow Down Environmental Review
As the Trump administration has rescinded the Council on Environmental Quality's long-standing National Environmental Policy Act regulations, projects that require NEPA review may be bogged down by significant regulatory uncertainty and litigation risks, potentially undermining the administration's intent to streamline the permitting process, say attorneys at Mayer Brown.
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Foreign Countries Have Strong Foundation To Fill FCPA Void
Though the U.S. has paused enforcement of the Foreign Corrupt Practices Act, liberal democracies across the globe are well equipped to reverse any setback in anti-corruption enforcement, potentially heightening prosecution risk for companies headquartered in the U.S., says Stephen Kohn at Kohn Kohn.
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How Attys Can Use A Therapy Model To Help Triggered Clients
Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.
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3 Steps For In-House Counsel To Assess Litigation Claims
Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.
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Despite SEC Climate Pause, Cos. Must Still Heed State Regs
While businesses may have been given a reprieve from the U.S. Securities and Exchange Commission's rules aimed at standardizing climate-related disclosures, they must still track evolving requirements in states including California, Illinois, New Jersey and New York that will soon require reporting of direct and indirect carbon emissions, say attorneys at Husch Blackwell.
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Series
Teaching College Students Makes Me A Better Lawyer
Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know — principles that have helped to improve my practice of law, says Sheria Clarke at Nelson Mullins.
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5 Areas Contractors Should Watch After 1st 100 Days
Federal agencies and contractors face challenges from staff reductions, contract terminations, pending regulatory reform and other actions from the second Trump administration's first 100 days, but other areas stand to become more efficient and cost-effective, say attorneys at Thompson Hine.
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Series
Adapting To Private Practice: From DOJ Enviro To Mid-Law
Practitioners leaving a longtime government role for private practice — as when I departed the U.S. Department of Justice’s environmental enforcement division — should prioritize finding a firm that shares their principles, values their experience and will invest in their transition, says John Cruden at Beveridge & Diamond.
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Why Trade Cases May Put Maple Leaf Deference On Review
When litigation challenging the president’s trade actions reaches the Federal Circuit, the court will have to reevaluate the Maple Leaf standard in light of the U.S. Supreme Court's 2024 Loper Bright decision limiting Chevron-like deference to cases involving statutory provisions in which Congress delegated discretionary authority to the executive branch, say attorneys at Wiley.
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Key Questions When Mediating Environmental Disputes
As the U.S. Environmental Protection Agency implements dramatic regulatory changes, companies seeking to use mediation to manage increased risks and uncertainties around environmental liabilities should keep certain essential considerations in mind to help reach successful outcomes, says Edward Cohen at Thompson Coburn.
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Trump DOE's Plan On AI Offers Challenges, Opportunities
The Trump administration's push to make federal land available for development of artificial intelligence data centers follows a similar Biden administration proposal — but a new request for information from the U.S. Department of Energy envisions a rapid timeline that may prove challenging for both the DOE and industry stakeholders, say attorneys at HWG.