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Energy
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September 09, 2025
Post-Chevron, DC Circ. Again Backs FERC Solar Ruling
The D.C. Circuit on Tuesday stuck to a decision backing the Federal Energy Regulatory Commission's conclusion that a hybrid solar facility qualified for small-scale power producer perks, following a U.S. Supreme Court-ordered rethink due to the elimination of the so-called Chevron deference.
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September 09, 2025
1st Circ. Says Insurer Must Defend Heating Oil Class Action
An insurer for a heating oil company must defend the company in a Massachusetts class action accusing it of damaging customers' heating equipment by adding too much biodiesel to its heating oil, the First Circuit ruled, finding the company's provision of the oil to customers constituted separate occurrences.
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September 09, 2025
Tribes, Enviro Orgs. Urge 9th Circ. To Halt Oak Flat Land Swap
The U.S. and a copper mining company can't defend a federal law authorizing a land exchange in Arizona's Tonto National Forest, conservation groups and an Apache tribe told the Ninth Circuit on Monday, arguing that requirements for mining the site are unmet due to an inadequate final environmental impact statement.
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September 09, 2025
Cenovus Energy Selling WRB Refining Stake For $1.4B
Cenovus Energy said Tuesday it has struck a deal to sell its 50% stake in WRB Refining LP to Phillips 66 for $1.4 billion, as the Canadian energy company cashes out of a long-standing refining partnership.
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September 08, 2025
Texas Data Center Campus Developer Files For IPO
Former U.S. energy secretary Rick Perry's Fermi America filed for an initial public offering Monday, guided by Haynes and Boone LLP and Vinson & Elkins LLP.
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September 08, 2025
3rd Circ.'s Grid-Planning Ruling Will Coax States To Play Ball
A Third Circuit decision limiting states' ability to block transmission projects already greenlighted by regional grid operators could make a federal overhaul of transmission planning policies more appealing, even as several states and utilities pursue litigation to block the changes.
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September 08, 2025
Chamber Accuses Mich. Of 'Gamesmanship' In Pipeline Fight
The U.S. Chamber of Commerce has urged the Supreme Court to rule that judges have the power to waive the deadline to transfer a lawsuit to federal court in special circumstances, saying Michigan shouldn't be allowed to play procedural games to keep a case against energy infrastructure firm Enbridge Energy LP in state court.
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September 08, 2025
Calif. Says Texas Doesn't Belong In Emissions Waiver Fight
The state of California told a federal judge that Texas has no business in a suit challenging the revocation of Clean Air Act waivers that allowed the state to set its own emissions standards, saying the Lone Star State wishes to inject "collateral issues" into the suit.
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September 08, 2025
Securities Class Actions Had A Late Summer Appellate Bloom
While the later summer months are often a quiet time for the nation's courts, the federal appellate courts were hard at work this past July and August issuing important rulings on class certification standards for shareholder lawsuits and handing down split-panel decisions over the future of disclosure litigation.
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September 08, 2025
Phillips 66 Faces Retrial After 'Improper' Infringement Theory
The Federal Circuit on Monday ordered a new trial over allegations that Phillips 66 infringed Magēmā Technology's oil refinery patents, saying in a precedential opinion that a Texas federal court wrongfully concluded that Phillips' noninfringement theory was harmless, as it had also found the theory "improper and prejudicial."
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September 08, 2025
2 Firms Steer $540M IPO For Oilfield Water Infrastructure Co.
Houston, Texas-based oilfield water management company WaterBridge Infrastructure said Monday that it is seeking to raise up to $540 million in an initial public offering guided by Latham & Watkins LLP and Gibson Dunn & Crutcher LLP.
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September 08, 2025
Exxon, BP, Others Keep Dismissal Of Pa. Benzene Suit
A Pennsylvania appeals court on Monday refused to reinstate a woman's suit alleging that products from Exxon Mobil Corp., BP Products North America Inc. and others exposed her husband to benzene, leading to his death, ruling the trial court rightly found that North Carolina is the far better venue.
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September 08, 2025
Groups' Exxon Plastic Recycling Nuisance Claims Can Proceed
A California federal judge ruled Friday that environmental groups can move forward with their public-nuisance claims accusing Exxon Mobil Corp. of knowingly fueling the state's plastic pollution crisis, rejecting the energy company's contention that the suit is merely a disguised product liability case.
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September 08, 2025
Trump Returns To High Court In Foreign Aid Freeze Dispute
President Donald Trump asked the U.S. Supreme Court on Monday to pause a lower court's order requiring the administration to release roughly $4 billion in frozen foreign aid, claiming the ruling interferes with his attempt to lawfully rescind the funding.
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September 08, 2025
GAO Flags Barriers In Tribal Energy Loan Program
The U.S. Government Accountability Office said a federal agency program designed to support Indigenous nations in developing energy projects through loans is limiting its accessibility and effectiveness through high, unpredictable costs; unclear guidance; and a lack of tribal expertise.
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September 08, 2025
NC High Court Snapshot: Pot Smell Test, Atty's Divorce Feud
North Carolina's top court will return from its summer hiatus in September to address whether law enforcement can rely on the smell of marijuana alone in the age of legalized hemp to justify a warrantless search. Here are some highlights of the high court's September lineup.
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September 08, 2025
Idaho Developer Looks To Defend $2B Gold Mine Project
The developer of a proposed $2 billion Idaho gold mine wants to intervene in a tribe's challenge that looks to block the project, saying it has already invested more than $400 million in the endeavor and has an interest in developing and moving the effort forward without delay.
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September 08, 2025
Greek Pipe Co.'s Data Gaps Merit Tariff Hike, Fed. Circ. Says
Tariffs against Greek pipe importers will stay in place, the Federal Circuit found Monday, affirming a U.S. Court of International Trade holding that the companies submitted deficient financial data, requiring the U.S. Department of Commerce to fill in certain information gaps when calculating the duties.
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September 08, 2025
Lawmakers Push To Finalize Tribal Water Rights Settlements
A bipartisan group of lawmakers is urging congressional leaders to make a move on several tribal water rights settlement bills that are pending before the U.S. Senate, saying that doing so will prevent costly litigation and ensure tribes and others have access to water.
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September 08, 2025
Steptoe & Johnson Adds Olympus Energy Atty In Pittsburgh
Steptoe & Johnson PLLC has grown its Pittsburgh office with the addition of a senior counsel from oil and natural gas company Olympus Energy LLC.
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September 05, 2025
DC Circ. Won't Halt Order Releasing Billions In Foreign Aid
Both a divided D.C. Circuit panel and a district court judge Friday refused to hit pause on the judge's recent order requiring the Trump administration to release billions of dollars in frozen foreign aid.
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September 05, 2025
8th Circ. Vacates Biden-Era, Updated EV Fuel Economy Rules
The Eighth Circuit Friday vacated the U.S. Department of Energy's updated method of calculating the fuel economy equivalent estimates for electric vehicles, finding that the DOE didn't have the authority to enact the 2024 rule, nor did it comply with the Administrative Procedures Act.
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September 05, 2025
Stewart Tackles Markets, Injunctions In Newest PTAB Reviews
Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart released 14 institution decisions in the last week, providing more insight on the scope of settled expectations and the impact of a district court preliminary injunction.
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September 05, 2025
Trump Admin Says Enviro Groups Can't Block GHG Report
The Trump administration has told a Massachusetts federal judge that a lawsuit challenging its formation of a climate change science advisory panel is a misguided ploy to undermine the U.S. Environmental Protection Agency's impending reconsideration of the harms of greenhouse gases.
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September 05, 2025
Nix Doc Bid In Colombian Natural Gas Fight, Fla. Court Told
An energy trader is urging a Florida federal court to protect its confidential business information as it pursues a more than $400 million arbitration in Colombia against units of Canadian natural gas company Canacol Energy Ltd., accusing the companies of improperly trying to use a U.S. foreign discovery statute.
Expert Analysis
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Max Pressure On Iran May Raise Secondary Sanctions Risk
New sanctions designations announced June 6 are the latest in a slew of actions the administration has taken to put pressure on Iran’s military programs and petroleum exports that will likely increase non-U.S. businesses’ secondary sanctions risk, says John Sandage at Berliner Corcoran.
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Justices Widen Gap Between Federal, Calif. Enviro Reviews
While the U.S. Supreme Court's recent opinion in Seven County Infrastructure Coalition v. Eagle County, Colorado, narrowed the scope of National Environmental Policy Act reviews, it may have broadened the gulf between reviews conducted under NEPA and those under the California Environmental Quality Act, say attorneys at Hanson Bridgett.
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In 2nd Place, Va. 'Rocket Docket' Remains Old Reliable
The U.S. District Court for the Eastern District of Virginia was again one of the fastest civil trial courts in the nation last year, and an interview with the court’s newest judge provides insights into why it continues to soar, says Robert Tata at Hunton.
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How Attorneys Can Become Change Agents For Racial Equity
As the administration targets diversity, equity and inclusion efforts and law firms consider pulling back from their programs, lawyers who care about racial equity and justice can employ four strategies to create microspaces of justice, which can then be parlayed into drivers of transformational change, says Susan Sturm at Columbia Law School.
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Public Cos. Must Heed Disclosure Risks Amid Trade Chaos
Ongoing uncertainties caused by President Donald Trump's shifting stances on tariffs and trade restrictions have exponentially escalated financial reporting pressures on public companies, so businesses must ensure that their operations and accounting practices align with the U.S. Securities and Exchange Commission's standards, say Jennifer Lee at Jenner & Block and Edward Westerman at Secretariat Advisors.
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Seven County Ruling Should Trim Agency Enviro Analysis
The U.S. Supreme Court's ruling in Seven County Infrastructure Coalition v. Eagle County provides needed clarity for infrastructure projects by expressly directing agencies to narrow environmental reviews, and reducing the threat of litigation if even tangential issues are not exhaustively evaluated, say attorneys at Dentons.
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Series
Running Marathons Makes Me A Better Lawyer
After almost five years of running marathons, I’ve learned that both the race itself and the training process sharpen skills that directly translate to the practice of law, including discipline, dedication, endurance, problem-solving and mental toughness, says Lauren Meadows at Swift Currie.
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Calif. Air Board Offers Early Hints On Climate Reporting
As initial reporting deadlines for California's new climate reporting laws approach, guidance provided by the California Air Resources Board in a virtual public workshop sheds some light on rulemaking to come, and how to prepare for compliance during this period of uncertainty, say attorneys at Simpson Thacher.
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Series
Law School's Missed Lessons: Supporting A Trial Team
While students often practice as lead trial attorneys in law school, such an opportunity likely won’t arise until a few years into practice, so junior associates should focus on honing skills that are essential to supporting a trial team, including organization, adaptability and humility, says Lucy Zelina at Tucker Ellis.
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Opinion
Address Nationwide Injunction Issues With Random Venues
Many of the qualms about individual district court judges' authority to issue nationwide injunctions could be solved with a simple legislative solution: handling multiple complaints about the same agency action filed in different district courts by assigning a venue via random selection, says Harvey Reiter at Stinson.
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Series
Adapting To Private Practice: From US Attorney To BigLaw
When I transitioned to private practice after government service — most recently as the U.S. attorney for the Eastern District of Virginia — I learned there are more similarities between the two jobs than many realize, with both disciplines requiring resourcefulness, zealous advocacy and foresight, says Zach Terwilliger at V&E.
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The Ins And Outs Of Consensual Judicial References
As parties consider the possibility of judicial reference to resolve complex disputes, it is critical to understand how the process works, why it's gaining traction, and why carefully crafted agreements make all the difference, say attorneys at Pillsbury.
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Opinion
The BigLaw Settlements Are About Risk, Not Profit
The nine Am Law 100 firms that settled with the Trump administration likely did so because of the personal risk faced by equity partners in today's billion‑dollar national practices, enabled by an ethics rule primed for modernization, says Adam Forest at Scale.
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House Bill Tax Tweaks Would Hinder Renewable Projects
Provisions in the budget reconciliation bill recently passed by the U.S. House of Representatives would rapidly phase out clean energy tax credits, constrain renewable energy financing arrangements and impose sweeping restrictions on projects with foreign ties, which may create compliance and supply chain issues for many developers, say attorneys at Paul Hastings.
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Buyer Beware Of Restrictive Covenants In Delaware
Based on recent Delaware Chancery Court opinions rejecting restricted covenants contained in agreements in the sale-of-business context, businesses need to craft narrowly tailored restrictions that have legitimate interests, say attorneys at Saul Ewing.