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Energy
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November 14, 2025
La., Parishes Push To Keep Coastal Suits In State Court
Louisiana and a pair of its coastal parishes have told the U.S. Supreme Court that the Fifth Circuit correctly concluded that their pollution lawsuits against Chevron and Exxon stemming from their World War II-era oil production belong in state court.
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November 14, 2025
Contractor Not Covered In Explosion Suits, Insurer Says
A contractor is not entitled to coverage for a slew of underlying suits over a March 2022 home explosion, a Nationwide unit told a Missouri federal court, saying the contractor breached the excess policy's notice provision by waiting two years to inform it of the incident and resulting claims.
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November 14, 2025
Blackstone Ponies Up $1.2B For W.Va. Power Plant Build
Blackstone Energy Transition Partners announced on Nov. 14 that it will invest $1.2 billion to build a 600-megawatt power generation plant in Harrison County, West Virginia, amid a spate of investment into the energy infrastructure needed to feed data center power demands.
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November 14, 2025
Colo. Mining Co. Accused Of Denying Pre-Shift Pay
A Colorado mining company failed to pay workers for time spent putting on protective gear and attending meetings, a former lead man and heavy equipment operator alleged in a proposed collective action in federal court.
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November 13, 2025
Jenner & Block Resolves $8M Fee Fight With Sierra Leone
Jenner & Block LLP and its former client Sierra Leone have resolved their fight over unpaid legal fees and allegedly fraudulent overbilling in the nation's underlying dispute with its iron ore mining concessionaire Gerald International Ltd., according to a minute order issued Thursday in D.C. federal court.
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November 13, 2025
Eaton Witnesses Probed About Data Used For Credit Analysis
An accounting expert and a former Eaton Corp. official both advised the U.S. Tax Court on Thursday about the data used to establish the financial position of the U.S. company after its acquisition of Irish-based Cooper Industries in 2012.
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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.
Expert Analysis
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Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling
The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.
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Series
Quilting Makes Me A Better Lawyer
Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.
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Utility Agency Suits May Rise As Calif. Justices Nix Deference
A recent California Supreme Court ruling rejecting the uniquely deferential standard of review accorded to California Public Utilities Commission decisions interpreting the Public Utilities Code will incentivize more litigation against the agency, as long as litigants can show their challenges meet certain requirements, says Thaila Sundaresan at Davis Wright.
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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.