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Energy
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May 07, 2025
Shell Says Conn. Draft Shows Climate Review Wasn't Needed
Two Shell Oil subsidiaries have asked a Connecticut federal judge to pause expert discovery in an environmental group's challenge to pollution prevention efforts at a New Haven petroleum terminal along Long Island Sound, claiming state regulators have clarified that their current permit does not squarely require a climate change review.
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May 07, 2025
16 States Sue DOT Over EV Charging Infrastructure Funds
The Trump administration has illegally cut off congressionally approved funding for electric-vehicle charging infrastructure projects, a group of states alleged in a federal lawsuit filed on Wednesday.
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May 07, 2025
Solar Firm Says Conn. Regulator Acted Without Valid Members
The three Public Utilities Regulatory Authority commissioners who signed a final decision against a solar energy developer and in favor of an Avangrid Inc. unit were not "validly sitting" at the time the edict was issued in March, according to an administrative appeal in Connecticut state court.
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May 07, 2025
Fed. Circ. Affirms Army Win In Practice Bomb Contract Fight
The Federal Circuit upheld an Armed Services Board of Contract Appeals decision that granted summary judgment to the Army in a dispute over a contract to procure practice bombs.
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May 07, 2025
AI-Focused SPAC Raises $125M As Blank-Check Filings Surge
Dune Acquisition Corp. II, a special purpose acquisition company targeting artificial intelligence and various technologies, began trading Wednesday after raising $125 million, the latest SPAC to join the market as three more such vehicles filed IPOs in recent days.
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May 07, 2025
Polsinelli Lands Energy Vet From Pillsbury In San Francisco
Polsinelli PC said Wednesday it is boosting its new project finance group by bringing in a Pillsbury Winthrop Shaw Pittman LLP energy and infrastructure project expert as a principal in its San Francisco office.
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May 07, 2025
Geely Lobs Offer To Take Chinese EV Maker Zeekr Private
Chinese carmaker Geely Automobile Holdings Ltd. on Wednesday announced it has submitted a non-binding proposal to take Chinese electric-vehicle maker Zeekr private by acquiring the remaining shares it does not already own.
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May 07, 2025
Canadian Asbestos Miner Seeks Ch. 15 To Wrangle Lawsuits
A Quebec mining company asked a New York bankruptcy judge to recognize Canadian insolvency proceedings where it hopes to resolve thousands of asbestos personal injury lawsuits across multiple jurisdictions.
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May 06, 2025
CO2 Conversion Co. Sues Wash. Neighbor Over Toxic Fumes
A carbon conversion technology firm has launched a lawsuit in Washington federal court over noxious gases that have allegedly drifted onto its state project site from a neighboring chemical storage facility, making conditions "unbearable" for workers building a new sustainable aviation fuel plant.
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May 06, 2025
Colo. Judge Wary Pausing Dam Construction Can't Be Done
A Colorado federal judge said at the end of a daylong hearing Tuesday that she still had not heard what she needed to decide if further construction is necessary to ensure a partially constructed dam won't create public safety risks, after she had previously halted the project for further environmental review.
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May 06, 2025
Ruling Doesn't Bind FERC Auction Approval, DC Circ. Told
A Federal Energy Regulatory Commission determination that a court ruling required it to let a grid operator proceed with a flawed electricity capacity auction cannot be squared with its duty to modify unjust or unreasonable rates, consumer advocates and public utilities told the D.C. Circuit.
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May 06, 2025
Judge Scolds US Over 'Vague' Bid To Stay $380M Award Row
A California federal judge has scolded the Trump administration as it tries to seize part of a $380 million arbitral award purportedly tied to embezzled Malaysian funds, saying it has not constructively engaged in the discovery process while seeking a stay during related criminal proceedings.
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May 06, 2025
Reed Smith Must Turn Over Docs In $102M Fraud Fight
A New York federal judge on Tuesday determined that since enough evidence existed to show international shipping group Eletson Holdings may have committed fraud in an arbitration over a deal with another entity, Levona Holdings Ltd., the Reed Smith LLP attorneys who represented Eletson at the arbitration must hand over related documents.
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May 06, 2025
Texas Jury Clears Marathon Oil In $123M Force Majeure Case
A Texas federal jury has freed Marathon Oil Co. from a $123.7 million contract dispute stemming from a natural gas delivery impeded in 2021 by Winter Storm Uri.
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May 06, 2025
Fuel Refiners Say EPA Shirked Duty To Grant Biofuel Waiver
A refining industry trade group has urged a D.C. federal judge to order the U.S. Environmental Protection Agency to scale back its cellulosic biofuel blending requirements for 2023, saying the agency shirked an obligation to do so after production fell short of projections.
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May 06, 2025
Oil Cos. Bet On Trump Order To Try Dodging Climate Tort Suit
Energy companies told a South Carolina state judge that President Donald Trump's executive order aimed at curtailing certain state climate actions is all the more reason to dismiss Charleston's climate tort suit seeking monetary damages for alleged greenhouse gas pollution.
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May 06, 2025
DOD Says It Has Standing To Halt Labor Contracts
The U.S. Department of Defense asked a court not to end its lawsuit over President Donald Trump's move to end collective bargaining with its workers, saying it cannot manage its workforce "without facing substantial legal uncertainty."
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May 06, 2025
Marshall Fire Suit Must Stay In Colo., Plaintiffs' Attys Say
Local governments and individuals accusing Xcel Energy Inc. in a lawsuit of failing to mitigate risks leading up to the devastating 2021 Marshall Fire in Colorado said the company must stand trial in the state, rebuffing the notion that the state's court had no jurisdiction.
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May 06, 2025
Tax Court Erred In Slashing $23M Easement, 11th Circ. Told
A partnership told the Eleventh Circuit that the U.S. Tax Court erred in substantially reducing its claim to a $23 million conservation easement tax deduction, arguing the decision was tainted by error-riddled criteria used by the IRS to value the property.
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May 06, 2025
EPA Urges DC Circ. To Block Climate Change NGO Grants
The U.S. Environmental Protection Agency asked the D.C. Circuit to allow it to restart its effort to reclaim billions of dollars in congressionally approved funding for nonprofits the Biden administration picked to carry out climate change projects.
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May 06, 2025
$7.5M Verdict For Oil Co. 'A Calamity Of Errors,' Court Told
A Houston Ship Channel storage facility has asked a Texas appeals court to undo a $7.6 million award in favor of an energy company that contracted for dock space, writing that the trial court's interpretation of their contract set off "a calamity of errors."
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May 06, 2025
Nuclear Plant Renewal Rules Are Sound, Backers Tell DC Circ.
New U.S. Nuclear Regulatory Commission license renewal rules adequately account for environmental risks from accidents, aging equipment and climate change, industry players told the D.C. Circuit, urging it to reject a challenge brought by anti-nuclear power groups.
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May 06, 2025
6th Circ. Backs Convictions In FirstEnergy Scandal
The Sixth Circuit on Tuesday backed the convictions of former Ohio House Speaker Larry Householder and Republican lobbyist Matthew Borges for their roles in a FirstEnergy Corp. bribery scandal, saying in a published opinion that the jury instructions were clear enough to draw a distinction between legal campaign contributions and bribes.
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May 05, 2025
Energy Co. Didn't Mess With Costa Rica Deal, Retrial Jury Told
A South Dakota energy company urged a Denver jury Monday to reject allegations that it interfered with a deal for oil and gas rights on nearly 2.3 million acres in Costa Rica, in a retrial after an appellate panel threw out a $42 million jury award against it.
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May 05, 2025
Judge Poised To Decide If Mich. Will Face Dam Collapse Trial
A state judge will decide next week whether thousands of flood victims can proceed to trial on their claims that the state of Michigan is to blame for a hydroelectric dam collapse that caused widespread flooding.
Expert Analysis
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How Law Firms Can Counteract The Loneliness Epidemic
The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.
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5 Keys To Building Stronger Attorney-Client Relationships
Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.
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BlackRock Suit Highlights Antitrust Risks Of ESG
In Texas v. BlackRock, pending in Texas federal court, 13 state attorneys general are suing large institutional investors in the coal business, underscoring key reasons companies may want to alter their approach to developing and implementing policies related to environmental, social, and governance factors, especially if coordination with competitors is involved, say attorneys at Manatt.
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How Courts Can Filter Nonmeritorious Claims In Mass Torts
Nonmeritorious claims have been a key obstacle to settlement in many recent high-profile mass torts, but courts may be able to use tools they already have to solve this problem, says Samir Parikh at Wake Forest University.
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Series
Racing Corvettes Makes Me A Better Lawyer
The skills I use when racing Corvettes have enhanced my legal practice in several ways, because driving, like practicing law, requires precision, awareness and a good set of brakes — complete with the wisdom to know how and when to use them, says Kat Mateo at Olshan Frome.
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Opinion
Attorneys Must Act Now To Protect Judicial Independence
Given the Trump administration's recent moves threatening the independence of the judiciary, including efforts to impeach judges who ruled against executive actions, lawyers must protect the rule of law and resist attempts to dilute the judicial branch’s authority, says attorney Bhavleen Sabharwal.
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Rethinking 'No Comment' For Clients Facing Public Crises
“No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.
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Reading The Tea Leaves On Mexico, Canada And China Tariffs
It's still unclear whether the delay in the imposition of U.S. tariffs on Canadian and Mexican imports will result in negotiated resolutions or a full-on trade war, but the outcome may hinge on continuing negotiations and the Trump administration's possible plans for tariff revenues, say attorneys at Eversheds Sutherland.
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Fund Names Rule FAQs Leave Some Interpretative Uncertainty
Although recently released FAQs clarify many specific points of the 2023 expansion to the Investment Company Act's fund names rule, important questions remain about how U.S. Securities and Exchange Commission staff will interpret other key terms when the end-of-year compliance date arrives, say attorneys at Dechert.
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How Design Thinking Can Help Lawyers Find Purpose In Work
Lawyers everywhere are feeling overwhelmed amid mass government layoffs, increasing political instability and a justice system stretched to its limits — but a design-thinking framework can help attorneys navigate this uncertainty and find meaning in their work, say law professors at the University of Michigan.
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Opinion
US Steel-Nippon Merger Should Not Have Been Blocked
The Biden administration's block of the U.S. Steel and Nippon Steel merger on national security grounds was unconstitutional overreach and needs to be overturned, with the harms remedied in federal court, says attorney Chuck Meyer.
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10 Issues To Watch In Aerospace And Defense Contracting
This year, in addition to evergreen developments driven by national security priorities, disruptive new technologies and competition with rival powers, federal contractors will see significant disruptions driven by the new administration’s efforts to reduce government spending, regulation and the size of the federal workforce, say attorneys at Thompson Hine.
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Will Independent Federal Agencies Remain Independent?
For 90 years, members of multimember independent federal agencies have relied on the U.S. Supreme Court's 1935 ruling in Humphrey's Executor v. U.S. establishing the security of their positions — but as the Trump administration attempts to overturn this understanding, it is unclear how the high court will respond, says Harvey Reiter at Stinson.
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Navigating The Trump Enviro Rollback And Its Consequences
The Trump administration's rapid push for environmental deregulation will lead to both opportunities and challenges, requiring companies to adopt strategic approaches to a complex, unpredictable legal environment in which federal rollbacks are countered by increased enforcement by states, and risks of citizen litigation may be heightened, say attorneys at Beveridge & Diamond.
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4 Do's And Don'ts For Trial Lawyers Using Generative AI
Trial attorneys who use artificial intelligence tools should review a few key reminders, from the likelihood that prompts are discoverable to the rapid evolution of court rules, to safeguard against embarrassing missteps, says Nate Sabri at Perkins Coie.