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Energy
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November 18, 2025
11th Circ. Won't Revive Oil Contract Suit Against Siemens
The Eleventh Circuit has upheld the dismissal of a Saudi company's business interference complaint against Siemens Energy Inc. because Siemens, as the owner of the company's joint venture partner, was not a stranger to the agreement.
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November 18, 2025
Romania Says Mining Co.'s $4.4B Claim Can't Be Revived
Romania is fighting against Gabriel Resources' bid to revive its $4.4 billion arbitration claim against the country, saying the mining company's attacks on a tribunal member are "opportunistic," and that his work for a non-governmental organization didn't affect the proceedings' outcome.
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November 18, 2025
Malawi Reiterates Bid For Gem Export Tax Investigation
Malawi has bolstered its bid for a Washington federal judge to reconsider his decision barring the country from pursing discovery against a gemstone company that partnered with a mining outfit the country claims dodged billions of dollars in taxes and export royalties.
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November 18, 2025
Clifford Chance Adds Day Pitney Energy Pro In DC
Clifford Chance LLP has grown its energy regulatory and markets practice in the nation's capital with the addition of a veteran attorney from Day Pitney LLP.
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November 18, 2025
Judge Questions If Trump's Say-So Makes Wind Edict Legal
A Massachusetts federal judge on Tuesday lamented a lack of clear guidance from higher courts as she considered whether wind farm permits can be put on hold indefinitely based solely on a directive from the president.
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November 18, 2025
Colo. High Court Takes Up Felony Killing Damages Cap
The Colorado Supreme Court agreed Monday to hear a dispute over how courts should apply the "felonious killing" exception to a state statute that caps noneconomic damages in wrongful death cases, granting competing petitions by Xcel Energy and the family of a woman killed in a 2018 natural gas explosion.
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November 17, 2025
Sunoco Gets $75M Knocked Off $180M Oil Royalty Ruling
The Tenth Circuit on Monday partially upheld a nearly $180 million judgment against Sunoco Inc. for withholding late interest payments on oil royalties to Oklahoma landowners, leaving in place a $103.9 million compensatory damages award for the landowners but striking $75 million in punitive damages.
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November 17, 2025
Shell Asks NY Court To Approve Challenge Of LNG Arbitration
Oil and gas giant Shell is urging a New York state court to vacate an international arbitration award issued to a liquefied natural gas firm, saying the arbitral hearing revealed that the American producer and exporter withheld key documents in the parties' fight over LNG cargo shipments.
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November 17, 2025
Judge Pauses $3B Bond Enforcement Amid Citgo Auction
A New York federal judge has paused enforcement of nearly $3 billion in defaulted Venezuelan-issued bonds until a winning bidder for the country's most important seizable asset — the parent company of the oil giant Citgo — is chosen in parallel proceedings in Delaware.
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November 17, 2025
AGs Seek To Freeze EPA Solar Grant Funds During Challenge
A coalition of states asked a Washington federal judge to maintain federal money for Solar for All grants during the pendency of their lawsuit challenging the U.S. Environmental Protection Agency's decision to kill the program, arguing that they're likely to prevail on their claims that the agency can't legally claw back funds Congress already obligated.
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November 17, 2025
Judge Questions Eaton's Role In Lowered Credit Rating
Tax Court Judge Albert Lauber questioned an expert for Eaton on Monday about how he arrived at a lowered credit rating for the U.S. company in a report he prepared in January 2013, shortly after it acquired an Irish-based global electrical products manufacturer and inverted.
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November 17, 2025
TerraForm Stockholders Settle Suit Over Brookfield Merger
Brookfield Asset Management Inc. and TerraForm Power Inc. stockholders reported a tentative, undisclosed deal on Monday to end their nearly four-year Delaware Chancery Court battle over Brookfield's alleged "exploitation" of TerraForm's minority stockholders in a deal dating to 2020.
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November 17, 2025
Tribes Urge Mich. Top Court To Block Enbridge Oil Tunnel
A group of tribes and environmental organizations has urged the Michigan Supreme Court to order a more rigorous environmental review of Enbridge Energy LP's plan for an oil pipeline tunnel beneath the Straits of Mackinac.
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November 17, 2025
ExxonMobil Says Insurers Owe Coverage For Cancer Suits
ExxonMobil alleged that seven insurers failed to cover it against legal claims after two former contractors sued the petroleum giant, contending that exposure to a chemical in oil caused their cancer.
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November 17, 2025
EPA, Army Corps Float Trimming Clean Water Act Powers
The U.S. Environmental Protection Agency and Army Corps of Engineers on Monday proposed new limits on their ability to enforce the Clean Water Act, saying prior understandings of the federal government's authority were too broad.
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November 17, 2025
Ex-Russian Gas CFO Resentenced To 6 Years For Tax Crimes
A Florida federal judge handed a nearly six-year prison term to a Russian gas company's former chief financial officer, who was convicted for tax evasion after the Eleventh Circuit vacated a prior sentence earlier this year.
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November 17, 2025
EPA Diluted Facility Upgrade Review Regs, DC Circ. Told
Environmental groups have told the D.C. Circuit that the U.S. Environmental Protection Agency unlawfully created a watered-down formula to determine whether modifications to industrial facilities trigger additional air pollution reviews.
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November 17, 2025
Willkie-Led Rockland Clinches 5th Fund With $1.2B In Tow
Willkie Farr & Gallagher LLP-advised private equity shop Rockland Capital announced Monday that it wrapped fundraising for its fifth fund after securing $1.2 billion in investor commitments.
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November 17, 2025
Catching Up With Delaware's Chancery Court
The Delaware Chancery Court and Delaware Supreme Court last week had a dense slate of fiduciary duty battles, merger-process challenges, post-bankruptcy fights and a series of cases probing the limits of fraud pleading, credible-basis inspections and board-level disclosure duties.
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November 17, 2025
Eaton Fire Plaintiffs Say Edison Is Delaying Litigation
A group of plaintiffs suing Southern California Edison Co. over the Eaton Fire that began in January is accusing the utility of acting in bad faith by refusing to negotiate in mediation, despite admitting to shareholders that its equipment is responsible for the blaze.
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November 17, 2025
TotalEnergies, Partners Fined €187M For Fuel Depot Collusion
A French competition regulator revealed Monday that it has imposed fines totaling almost €187.5 million ($217.4 million) against the owners of Corsican oil depots, including fuel giant TotalEnergies, for colluding to reserve the use of the only two fuel stores on the Mediterranean island for themselves.
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November 14, 2025
Freeport-McMoRan Hid Mine Safety Risks, Investors Suit Says
Mining company Freeport-McMoRan Inc. faces a proposed investor class action alleging the company concealed safety risks at its copper mine in Indonesia, hurting investors after its trading prices fell when a landslide at the mine killed two workers and left others missing.
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November 14, 2025
Feds' Use Of AI In Permitting, Rulemaking Raises Concerns
Federal government agencies with environmental responsibilities have begun using artificial intelligence tools, but attorneys say information about exactly why, how and when they are being used has been hard to get, leading to uncertainty about their effectiveness and shortcomings.
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November 14, 2025
Pa. Budget Ends State's Bid To Join Cap-And-Trade Compact
Pennsylvania legislators have announced that their long-awaited 2025 budget included provisions ending the state's bid to join a multistate carbon cap-and-trade compact, mooting years of litigation over whether the credits that fossil-fuel power plants would purchase were a fee or a tax.
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November 14, 2025
FirstEnergy Investors Ask Again For 6th Circ. Clarification
A week after the Sixth Circuit declined to reconsider a ruling blocking FirstEnergy investors from accessing documents prepared by BigLaw firms investigating the company's $1 billion bribery scandal, investors have once again asked the court to clarify its decision, arguing that it is "premised on a clear error of fact."
Expert Analysis
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Despite Dark Clouds, Outlook For US Solar Has Bright Spots
While tariff, tax policy and bankruptcy news seemingly portends unending challenges for the U.S. solar energy industry, signs of continued growth in solar generating capacity and domestic solar manufacturing suggest that there is a path forward, say attorneys at Beveridge & Diamond.
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Assessing New Changes To Texas Officer Exculpation Law
Consistent with Texas' recent modernization of its corporate law, the recently passed S.B. 2411 allows officer exculpation, streamlines certificate of formation amendments, authorizes representatives to act on shareholders' behalf in mergers and makes other changes aimed toward companies seeking a more codified, statutory model of corporate governance, say attorneys at Bracewell.
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ICSID Annulment Proceedings Carry High Stakes For System
The annulment proceedings brought by Freeport-McMoRan before the International Centre for Settlement of Investment Disputes, seeking to redress a glaring and prejudicial oversight in its arbitral award against Peru, are significant for delimiting the boundaries of procedural fairness within the ICSID's annulment framework, says Josep Galvez at 4-5 Gray's Inn.
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Series
Law School's Missed Lessons: Communicating With Clients
Law school curricula often overlook client communication procedures, and those who actively teach this crucial facet of the practice can create exceptional client satisfaction and success, says Patrick Hanson at Wiggam Law.
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Justices' NRC Ruling Raises New Regulatory Questions
In Nuclear Regulatory Commission v. Texas, the U.S. Supreme Court avoided ruling on the NRC's authority to license private, temporary nuclear waste storage facilities — and this failure to reach the merits question creates new regulatory uncertainty where none had existed for decades, say attorneys at Holland & Knight.
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3 Judicial Approaches To Applying Loper Bright, 1 Year Later
In the year since the U.S. Supreme Court overturned Chevron deference in its Loper Bright Enterprises v. Raimondo decision, a few patterns have emerged in lower courts’ application of the precedent to determine whether agency actions are lawful, say attorneys at Husch Blackwell.
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Bill Leaves Renewable Cos. In Dark On Farmland Reporting
A U.S. Senate bill to update disclosure requirements for foreign control of U.S. farmland does not provide much-needed guidance on how to report renewable energy development on agricultural property, leaving significant compliance risks for project developers, say attorneys at Hodgson Russ.
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Series
Adapting To Private Practice: From US Rep. To Boutique Firm
My transition from serving as a member of Congress to becoming a partner at a boutique firm has been remarkably smooth, in part because I never stopped exercising my legal muscles, maintained relationships with my former colleagues and set the right tone at the outset, says Mondaire Jones at Friedman Kaplan.
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Opinion
Senate's 41% Litigation Finance Tax Would Hurt Legal System
The Senate’s latest version of the Big Beautiful Bill Act would impose a 41% tax on the litigation finance industry, but the tax is totally disconnected from the concerns it purports to address, and it would set the country back to a time when small plaintiffs had little recourse against big defendants, says Anthony Sebok at Cardozo School of Law.
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In NRC Ruling, Justices Affirm Hearing Process Still Matters
The U.S. Supreme Court's decision in Nuclear Regulatory Commission v. Texas safeguards the fairness, clarity and predictability of the regulatory system by affirming that to challenge an agency's decision in court, litigants must first meaningfully participate in the hearing process that Congress and the agency have established, says Jonathan Rund at the Nuclear Energy Institute.
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What Baseball Can Teach Criminal Attys About Rule Of Lenity
Judges tend to assess ambiguous criminal laws not unlike how baseball umpires approach checked swings, so defense attorneys should consider how to best frame their arguments to maximize courts' willingness to invoke the rule of lenity, wherein a tie goes to the defendant, says Jonathan Porter at Husch Blackwell.
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Series
Performing As A Clown Makes Me A Better Lawyer
To say that being a clown in the Macy’s Thanksgiving Day Parade has changed my legal career would truly be an understatement — by creating an opening to converse on a unique topic, it has allowed me to connect with clients, counsel and even judges on a deeper level, says Charles Tatelbaum at Tripp Scott.
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How Energy Cos. Can Prepare For Potential Tax Credit Cuts
The Senate Finance Committee's version of the One Big Beautiful Bill act would create a steep phaseout of renewable energy tax credits, which should prompt companies to take several actions, including conduct a project review to discern which could begin construction before the end of the year, say attorneys at Husch Blackwell.
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Series
Law School's Missed Lessons: Rejecting Biz Dev Myths
Law schools don’t spend sufficient time dispelling certain myths that prevent young lawyers from exploring new business opportunities, but by dismissing these misguided beliefs, even an introverted first-year associate with a small network of contacts can find long-term success, says Ronald Levine at Herrick Feinstein.
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Move Beyond Surface-Level Edits To Master Legal Writing
Recent instances in which attorneys filed briefs containing artificial intelligence hallucinations offer a stark reminder that effective revision isn’t just about superficial details like grammar — it requires attorneys to critically engage with their writing and analyze their rhetorical choices, says Ivy Grey at WordRake.