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Energy
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October 02, 2025
Toshiba Seeks Trial Time Limits In $500M Hydro Plant Case
Toshiba Corp. urged a Michigan federal judge on Wednesday to set time limits for a trial over claims that one of its units botched a $500 million upgrade to a power plant owned by DTE Electric Co. and Consumers Energy, saying the complicated case is one that "cries out" for such constraints.
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October 02, 2025
Many Cos. Not Ready For National Security Risks, Report Says
At least a third of U.S. companies aren't fully prepared to address key national security compliance risks they face, and the C-suite often isn't aligned with its in-house counsel as to who is primarily responsible for those efforts, according to a new survey from Eversheds Sutherland.
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October 02, 2025
Energy Dept. Cancels $7.5B In Blue State Project Awards
The U.S. Department of Energy said it's terminating over $7.5 billion in grants for energy projects, which are primarily clean energy projects located in blue states and include a regional hydrogen hub in California slated to receive a $1.2 billion funding commitment.
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October 02, 2025
Arnold & Porter Bolsters DC Team With Energy Policy Adviser
Arnold & Porter Kaye Scholer LLP has hired the former executive director of government affairs for the Americas and of U.S. federal relations at Air Products, an industrial gas company that works with clients in a range of industries, the firm announced Wednesday.
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October 02, 2025
11th Circ. Urged To Uphold Cut To $17M Easement Deduction
The U.S. Tax Court correctly slashed a partnership's $17 million tax deduction for donating a conservation easement, the government told the Eleventh Circuit, urging it to uphold a ruling that accused the group of trying to "fleece the public" by claiming the land was ripe for mining.
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October 02, 2025
Cravath, Kirkland Lead Berkshire's $9.7B OxyChem Buy
Warren Buffett's Berkshire Hathaway is set to acquire energy giant Occidental's chemical business, OxyChem, in a $9.7 billion all-cash megadeal built by Cravath Swaine & Moore LLP and Kirkland & Ellis LLP.
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October 01, 2025
Investor Suit Over Deadly Turkey Landslide Dismissed
A Colorado federal judge on Tuesday dismissed a proposed class action brought by investors claiming SSR Mining Inc. defrauded them, ruling the shareholders didn't adequately allege the company and its executives downplayed safety issues before a deadly landslide at a Turkish gold mine.
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October 01, 2025
Quantum Can't Nix FTC Order Over $5.2B Natural Gas Deal
Quantum Energy Partners is not going to be allowed out from under a consent order it inked with the Federal Trade Commission that had allowed a $5.2 billion oil and gas deal with EQT Corp. to go through, the agency has announced.
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October 01, 2025
US, Copper Co. Ask 9th Circ. To Spike Land Transfer Appeal
The U.S. government and a copper company have asked the Ninth Circuit to dismiss conservation groups' and an Apache tribe's appeal of an Arizona federal judge's decision to uphold a federal law authorizing a land exchange.
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October 01, 2025
Reed Smith Seeks 2nd Circ. Help Over Eletson Orders
Reed Smith LLP has urged the Second Circuit to nix an order displacing the firm as counsel and requiring it to turn over client files for international shipping group Eletson Holdings Inc. to lawyers representing the company's new owners, saying Eletson's bankruptcy plan has not validly taken effect.
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October 01, 2025
PG&E Brass, Underwriters Get Investors' Wildfire Suit Tossed
A California federal judge has thrown out a proposed investor class action against PG&E officers, directors and underwriters that blamed stockholder losses following deadly wildfires on previous statements by PG&E officials about the utility's safety practices, but said they could try a fifth time.
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October 01, 2025
DC Circ. Deems FERC-Approved Pipeline Rates Unjustly High
The D.C. Circuit wiped out FERC's approval of fuel rates charged by a Kinder Morgan unit's pipeline following an expansion project, saying the agency unfairly saddled gas producer Antero Resources Corp. with higher rates than other pipeline customers.
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October 01, 2025
GAO Urges Nuke Agency To Fix Its Cost Reports To Congress
The U.S. Government Accountability Office urged the National Nuclear Security Administration to improve its reporting systems after finding it has often failed to inform lawmakers about growing construction project costs as required.
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October 01, 2025
EPA Proposes Rolling Back Biden HFC Ban Deadline
The U.S. Environmental Protection Agency on Tuesday proposed a new rule that would extend the compliance deadline for and revise other parts of a Biden administration-era rule that bars hydrofluorocarbons in refrigeration, air conditioning and heating products if more "climate friendly" alternatives are available.
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October 01, 2025
White House Issues New NEPA Guidance To Federal Agencies
The White House Council on Environmental Quality has released guidance for federal agencies that are working to update their National Environmental Policy Act guidelines.
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October 01, 2025
Ohio Says Norfolk Southern Fully Liable In Derailment Suit
Ohio is asking a federal judge to find Norfolk Southern Corp. fully liable for pollution stemming from the 2023 East Palestine train derailment, saying the court should find that each railcar is a separate source of pollution under state law and assess penalties accordingly.
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October 01, 2025
Peru Says Mining Co. Can't Revive $417M Penalty Claim
Peru is resisting an Arizona-based mining company's bid to annul a decision by international arbiters who found they lacked jurisdiction over $417 million in penalties and interest the country imposed for unpaid royalties, saying the company is wrong to claim the issue was improperly ignored.
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October 01, 2025
Haynes Boone Leads AI Campus REIT's Upsized $683M IPO
Fermi, a real estate investment trust co-founded by former U.S. Energy Secretary Rick Perry, hit a $14.8 billion valuation Wednesday in an initial public offering for the venture that aims to build power generation and data center capacity to support artificial intelligence on a Texas site, in a deal advised by Haynes Boone and Vinson & Elkins LLP.
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September 30, 2025
DC Circ. To Decide If Renewable Fuel Exemption Fight Moot
The D.C. Circuit was full of questions Tuesday morning about whether it should or should not consider moot a challenge to an Environmental Protection Agency policy regarding how the agency accounts for retroactive exemptions when setting renewable fuel standards.
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September 30, 2025
US Worker Unions Slam 'Unlawful' Shutdown Firing Threats
The American Federation of Government Employees and the American Federation of State, County and Municipal Employees sued Tuesday over the Trump administration's threats to fire federal workers in the event of a government shutdown, arguing that the threats stray from historic practice and violate the law.
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September 30, 2025
US Oil Fund Beats Investor Suit Over COVID-Era Disclosures
A New York federal judge tossed a proposed class action accusing United States Oil Fund LP and its backers of misleading investors during the 2020 oil crash, finding it does not plead actionable misstatements or omissions about pandemic-related risks the exchange-traded fund faced, or knowledge of wrongdoing by the defendants.
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September 30, 2025
DC Circ. Backs FERC Approval Of Tenn. Pipeline
The D.C. Circuit on Tuesday used a recent landmark U.S. Supreme Court decision curtailing federal environmental reviews to reject a challenge to the Federal Energy Regulatory Commission's approval of a Tennessee pipeline project.
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September 30, 2025
Spain Must Pay €332M Renewables Awards, Judge Rules
A D.C. federal judge enforced a pair of arbitral awards against Spain worth a combined €332.4 million ($390.5 million), days before the U.S. Supreme Court is expected to decide whether to take up the country's jurisdictional challenge in the cases.
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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.
Expert Analysis
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Sanctions Considerations For Reentering The Syrian Market
Reentering or opening new markets in Syria, now that the Trump administration has revoked certain long-standing sanctions and export controls, necessitates increased due diligence and best practices capable of adapting to a changing local environment as well as future changes in U.S. law, say attorneys at Nixon Peabody.
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What 2 Profs Noticed As Transactional Law Students Used AI
After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.
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State AGs Are Turning Up The Antitrust Heat On ESG Actions
Recent antitrust developments from red state attorneys general continue a trend of environmental, social and governance scrutiny, and businesses exposed to these areas should conduct close examinations of strategy and potential material risk, say attorneys at Morgan Lewis.
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Top Takeaways From Trump's AI Action Plan
President Donald Trump's AI Action Plan represents some notable evolution in U.S. policy, including affirmation of the administration's trend toward prioritizing artificial intelligence innovation over guardrails and toward supporting greater U.S. private sector reach overseas, say attorneys at WilmerHale.
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Ill. Toxic Tort Jurisdiction Law Raises Constitutional Concerns
Illinois' S.B. 328, purporting to broaden state courts' jurisdictional reach over out-of-state corporations, is presented as a measure aimed at facilitating recovery in toxic tort cases, but the legislation raises significant due process and dormant commerce clause issues, say attorneys at Alston & Bird.
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Rebuttal
BigLaw Settlements Should Not Spur Ethics Deregulation
A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.
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Environmental Justice Is Alive And Well At The State Level
Even as the Trump administration has rolled back federal environmental justice policies, many states continue to prioritize it, with new regulations, strengthened enforcement of existing rules and ongoing private litigation — so companies must stay alert to how state-level EJ enforcement may affect their operations, say attorneys at Crowell & Moring.
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5 Ways Lawyers Can Earn Back The Public's Trust
Amid salacious headlines about lawyers behaving badly and recent polls showing the public’s increasingly unfavorable view of attorneys, we must make meaningful changes to our culture to rebuild trust in the legal system, says Carl Taylor at Carl Taylor Law.
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Legal Jeopardy Looms Over Trump's Trade Negotiation Plans
Even as the Trump administration announces one trade deal after another, the legal authority of the executive branch to impose tariffs under consensual arrangements with leading trading partners is just as debatable as the unilateral imposition of U.S. tariffs under the president's executive orders, says Jeffrey Bialos at Eversheds Sutherland.
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Series
Hiking Makes Me A Better Lawyer
On the trail, I have thought often about the parallels between hiking and high-stakes patent litigation, and why strategizing, preparation, perseverance and joy are important skills for success in both endeavors, says Barbara Fiacco at Foley Hoag.
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ICJ Climate Opinion Raises Cos.' Legal, Compliance Risks
The International Court of Justice's recent advisory opinion on governments' climate change obligations could have important consequences for the regulated community — including a more complex compliance landscape, heightened legal risks for carbon-intensive activities, and renewed market and investor focus on climate issues, says J. Michael Showalter at ArentFox Schiff.
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Series
Law School's Missed Lessons: Negotiation Skills
I took one negotiation course in law school, but most of the techniques I rely on today I learned in practice, where I've discovered that the process is less about tricks or tactics, and more about clarity, preparation and communication, says Grant Schrantz at Haug Barron.
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ESG-Focused Activism Persists Despite Proxy Curbs
Shareholder activism focused on environmental, social and governance factors appears poised to continue, despite the U.S. Securities and Exchange Commission's recent move toward exclusions in proxy voting proposals around ESG, say attorneys at Mintz.
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Opinion
Bar Exam Reform Must Expand Beyond A Single Updated Test
Recently released information about the National Conference of Bar Examiners’ new NextGen Uniform Bar Exam highlights why a single test is not ideal for measuring newly licensed lawyers’ competency, demonstrating the need for collaborative development, implementation and reform processes, says Gregory Bordelon at Suffolk University.
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A Simple Way Courts Can Help Attys Avoid AI Hallucinations
As attorneys increasingly rely on generative artificial intelligence for legal research, courts should consider expanding online quality control programs to flag potential hallucinations — permitting counsel to correct mistakes and sparing judges the burden of imposing sanctions, say attorneys at Lankler Siffert & Wohl and Connors.