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Energy
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May 27, 2025
Mich. Fuel Supplier Fights $8.7M Tax Bill Over Flight Credit
A fuel supplier is challenging the Michigan Department of Treasury's determination that the company cannot claim credit for interstate flights on its returns because it is not an airline operator and is now liable for $8.7 million in tax and interest.
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May 27, 2025
9th Circ. Revives Tribes', Green Groups' Power Line Suit
The Ninth Circuit on Tuesday revived a lawsuit challenging the federal government's decision to allow a 520-mile power line route through cultural sites, saying in a published opinion that a coalition of tribes and conservation groups plausibly alleged the government authorized construction before properly identifying historic sites the project affected.
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May 27, 2025
Debate Over Moratorium On State AI Oversight Goes To Senate
Before going on recess, the U.S. House of Representatives passed their budget reconciliation bill that includes a hotly debated moratorium on states' enforcement of artificial intelligence-related legislation, and the debate continues as the bill heads to the U.S. Senate, where at least a few Republicans have voiced opposition.
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May 27, 2025
Ariz. Asks Justices To Skip Tax Fight Over Plant On Tribe Land
Arizona's tax agency urged the U.S. Supreme Court to pass on a power company's claims that property taxes were illegally levied on a power plant it owns on tribal land, saying the justices have consistently upheld taxes on tribal reservations that solely fall on non-Native Americans.
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May 27, 2025
Trump Withdraws Biden's NEPA Greenhouse Gas Guidance
The White House Council on Environmental Quality on Tuesday said it's withdrawing 2023 National Environmental Policy Act guidance for federal agencies that are assessing the greenhouse gas and climate change effects of actions, including the approval of infrastructure projects.
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May 27, 2025
EV-Maker Polestar Faces Investor Suit Over Financial Reports
Swedish electrical vehicle company Polestar has been hit with a proposed shareholder class action accusing it of misleading investors by failing to maintain proper internal controls, which caused it to misreport liabilities and assets on its balance sheets for several quarters.
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May 27, 2025
DC Circ. Backs FERC In NY Grid Upgrade Cost Fight
The D.C. Circuit on Tuesday upheld the Federal Energy Regulatory Commission's refusal to allow New York utilities to earn investment returns from grid upgrades, saying the agency reasonably concluded that shifting from the current nonprofit approach was unwarranted.
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May 27, 2025
Nikola Creditors Ask To Examine Founder Over $100M Award
The creditors committee in Nikola Corp.'s Chapter 11 case has asked a Delaware bankruptcy court for permission to conduct discovery on the company's founder to investigate whether he is dissipating personal assets that should be used to satisfy a $100 million arbitration award owed to the debtor.
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May 27, 2025
O'Melveny's Latest Texas Energy Pro Joins From Bradley Arant
O'Melveny & Myers LLP announced the most recent addition to its energy industry group in Houston on Tuesday, this time a litigator from Bradley Arant Boult Cummings LLP with more than 15 years of experience advising clients across the sector, from oil and gas to renewables and more.
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May 27, 2025
Ex-Solar CEO Can't Arbitrate Fraud Suit Now, Judge Says
The former CEO of a defunct solar company and its financial backers waived their rights to force Michigan residents into arbitration by extensively litigating a proposed class action that accused them of deceptive sales practices and racketeering, a federal judge ruled.
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May 27, 2025
High Court Won't Hear Apache's Bid To Undo Mining Decision
The U.S. Supreme Court will not take up a challenge by an Apache nonprofit that seeks to undo the federal government's transfer of nearly 2,500 acres of land to an Arizona copper mining company, a decision that could ultimately decide the fate of a centuries-old Indigenous worship site.
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May 23, 2025
Law360 Reveals Titans Of The Plaintiffs Bar
This past year, a handful of attorneys secured billions of dollars in settlements and judgments for both classes and individual plaintiffs against massive companies and organizations like Facebook, Dell, the National Association of Realtors, Johnson & Johnson, UFC and Credit Suisse, earning them recognition as Law360's Titans of the Plaintiffs Bar for 2025.
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May 23, 2025
Trump Says 'It's Time For Nuclear' And Orders New Reactors
President Donald Trump said Friday that he wants to revive the nation's nuclear power industry to serve defense and artificial intelligence needs, and ordered the U.S. Department of Energy to "eliminate or expedite" environmental reviews so new reactors can come online more quickly.
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May 23, 2025
Nonprofit Orgs. Want In On States' Wash. EV Funding Fight
A group of environmental, energy and consumer interest organizations are asking a Seattle federal judge to let them enter a lawsuit that 16 states and the District of Columbia brought seeking continued funding for new electric vehicle infrastructure so they can protect their interests in the suspended federal program without having to file a separate suit.
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May 23, 2025
Judge Extends Block On Trump's Government Layoffs
A California federal judge has extended her block of President Donald Trump's executive order directing layoffs at federal agencies, saying a coalition of unions, nonprofits and cities has shown it is likely to succeed in showing the order exceeded the president's authority.
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May 23, 2025
Texas Justices Flip $6M Judgment In Gas Pipeline Row
The Texas Supreme Court chided a trial court after it "blue-penciled extra words" into a contract dealing with a natural gas pipeline, reversing Friday a $6 million judgment previously in favor of Rainbow Energy Marketing Corporation and what it called a "cascade of errors."
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May 23, 2025
SoCal Edison To Pay $82.5M Over 2020 Bobcat Fire Costs
Southern California Edison agreed Friday to pay $82.5 million to the federal government to resolve a lawsuit that seeks to recoup costs incurred by the U.S. Forest Service as a result of the devastating 2020 Bobcat Fire, which burned over 100,000 acres, the U.S. Attorney's Office for the Central District of California announced.
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May 23, 2025
Battery Co. Li-Cycle Gets Ch. 15 Nod Amid Glencore Sale Bid
A New York bankruptcy judge on Friday granted Chapter 15 recognition to lithium battery recycler Li-Cycle and affiliates after overruling an objection from the U.S. Trustee's Office, as the Toronto-based debtor looks to sell its business and secure new funding.
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May 23, 2025
Trump Issues Fresh Tariff Threats Against EU, Apple
President Donald Trump said that the European Union should face a 50% tariff beginning July 9 because trade negotiations are "going nowhere" and that Apple should pay at least a 25% tariff if it doesn't manufacture iPhones in the U.S.
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May 23, 2025
Taxation With Representation: Troutman, A&O Shearman
In this week's Taxation With Representation, Blackstone acquires TXNM Energy, OpenAI buys io Products, Lumen Technologies sells its Mass Markets fiber-to-the-home business in 11 states to AT&T, and AMD sells its data center infrastructure manufacturing business to Sanmina.
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May 23, 2025
Torys-Led Vermilion Sells Canadian Gas Assets For CA$415M
Global gas producer Vermilion Energy Inc., advised by Torys LLP, on Friday announced plans to sell its Saskatchewan and Manitoba assets in Canada for CA$415 million ($301.04 million).
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May 23, 2025
House Budget Would Sap Emerging Energy Tax Credit Market
The House's sweeping tax and budget legislation would scrap a relatively new financing option that lets project development owners sell valuable green energy tax credits for cash, which would likely doom or severely hamper the burgeoning market for the credits.
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May 23, 2025
La. Sued For Blocking Community Air Monitoring Sensors
Louisiana is hindering its citizens' ability to monitor air pollution in their communities by threatening to dish out "crippling" fines to those who share data collected from certain affordable sensors, according to a lawsuit filed by environmental groups accusing the state of violating the First and 14th amendments.
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May 22, 2025
Critics Decry Budget Bill As Clean Energy 'Attempted Murder'
The budget reconciliation bill that House Republicans passed Thursday replaced an earlier plan to phase out renewable energy tax credits with a 60-day qualification period, leaving project developers struggling to meet a deadline experts say is unrealistic and effectively guts the benefit.
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May 22, 2025
EV Carmaker Lucid Gets Inflated Biz Suit Trimmed, Again
A California federal judge on Thursday again trimmed a proposed investor class action that alleges electric carmaker Lucid made misleading production forecasts, finding that the latest complaint still doesn't adequately allege the defendants knew some of the challenged statements were false when they were issued.
Expert Analysis
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Playing Guitar Makes Me A Better Lawyer
Being a lawyer not only requires logic and hard work, but also belief, emotion, situational awareness and lots of natural energy — playing guitar enhances all of these qualities, increasing my capacity to do my best work, says Kosta Stojilkovic at Wilkinson Stekloff.
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Addressing PFAS Risks In Public Company Disclosures
As individual lawsuits and class actions over PFAS risks spanning multiple sectors and products increase, and rapidly evolving and often unclear regulatory initiatives on both the federal and state levels proliferate, it's more important than ever for companies to know how and when to complete PFAS-related disclosures, say attorneys at Venable.
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Crisis Management Lessons From The Parenting Playbook
The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.
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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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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.