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Energy
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August 06, 2025
Battle Lines Form Around Interior's Updated NEPA Rule
The U.S. Department of the Interior is facing stiff resistance from green groups and blue states that oppose its new environmental review process for infrastructure projects, but some industry groups said the agency has taken the right approach.
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August 06, 2025
Texas Judge Axes Wellhead Patent Allegations Over Alice
A Texas federal judge threw out allegations that fracking equipment maker Downing Wellhead Equipment infringed a pair of wellhead control mechanism patents, finding the patents do not pass muster under the U.S. Supreme Court's Alice test.
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August 06, 2025
Renewable Energy Co. Sued In Del. Over $82M 'Hostage' Loan
Lenders to the purportedly insolvent, Chicago-based renewable energy venture Hecate Holdings LLC have sued the company in Delaware's Court of Chancery for allegedly breaching an $82 million loan agreement, holding collateral "hostage" and shifting collateral sale proceeds to unsecured accounts.
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August 06, 2025
Presidio Petroleum Inks $660M SPAC Merger Deal
Fort Worth, Texas-based oil and gas operator Presidio Petroleum will go public through a merger with EQV Ventures Acquisition Corp., a special purpose acquisition company sponsored by EQV Group.
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August 06, 2025
Interior Dept. Reverses Approval Of Idaho Wind Farm
The U.S. Department of the Interior on Wednesday said it would reverse a Biden-era approval of a controversial wind farm in Idaho, the latest move by the Trump administration to restrict U.S. wind energy development.
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August 06, 2025
Toshiba Unit Can't Appeal Bench Trial Bid In Hydro Plant Row
A Michigan federal judge refused Wednesday to clear the way for a subsidiary of Toshiba to appeal her order denying a bench trial in a dispute over allegations that the electronics giant botched a $560 million upgrade at a power plant owned by DTE Electric Co. and Consumers Energy.
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August 06, 2025
Trump Hits India With 50% Tariff For Russian Oil Purchases
President Donald Trump announced Wednesday that he would increase India's tariff rate to 50% by late August, citing the country's imports of Russian oil.
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August 06, 2025
Russia Says It Never Agreed To Arbitrate With Ukrainian Utility
Russia has asked the D.C. Circuit to overturn a decision ordering it to face litigation by a Ukrainian utility to enforce a nearly $219 million arbitral award the company won after its Crimean assets were seized, saying it never agreed to arbitrate with the company.
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August 05, 2025
Bankers Petroleum Vows To Pay Albania $236M Award
An Albanian oil extraction company has agreed to comply with an International Court of Arbitration decision in a long-running case brought by the country over petroleum cost audits, saying it will pay $236 million.
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August 05, 2025
Challenge To GOP Enviro Grant Cutoff Can Proceed, Judge Told
Attorneys for environmental infrastructure grant recipients told a D.C. federal judge Tuesday that the U.S. Environmental Protection Agency's own emails show that a proposed class action challenging the blanket termination of a climate justice and resilience grant program can move forward despite Congress' recent recission of "unobligated" funds.
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August 05, 2025
Fed. Circ. Partly Revives Solar Panel Safety Patent Challenge
The Federal Circuit on Tuesday said the Patent Trial and Appeal Board has to take another look at one of renewable energy industry trade group SunSpec Alliance's arguments in its challenge to claims of a patent on safeguards for solar panels.
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August 05, 2025
Fed. Hazmat Law Doesn't Bar Negligence Suit, 2nd Circ. Says
A Connecticut federal judge was wrong to find that the Hazardous Materials Transportation Act preempted a propane company's common-law negligence and recklessness claims over damage it suffered from a heating oil spill, the Second Circuit ruled Tuesday in restoring a lawsuit seeking more than $500,000 to cover remediation costs.
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August 05, 2025
Feds Aim To Shut Off Kids' Challenge To Trump Energy Orders
A lawsuit filed by youths alleging that President Donald Trump's energy policy directives harm their future by exacerbating climate change should be dismissed because their claims can't be addressed by courts, the federal government said Monday.
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August 05, 2025
Naftogaz Secures Vienna Court's OK To Seize Russian Assets
An Austrian court has granted Naftogaz permission to seize approximately €120 million ($139 million) of Russian assets as Ukraine's state-owned oil and gas company pursues an international campaign to enforce a $5 billion arbitral award it won against Russia.
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August 05, 2025
Ex-ComEd Lobbyist Gets 1 Year For Masking Madigan Bribes
A former lobbyist for Commonwealth Edison was sentenced to a year and a day in prison Tuesday for allowing his lobbying firm to serve as a pass-through for the utility to pay associates of ex-Illinois House Speaker Michael Madigan for little to no work, as it sought his support for favorable energy legislation.
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August 05, 2025
Chancery Sends Steel Co.'s Fraudulent Transfer Suit To Trial
A steel product company's claims that a bankrupt former customer, for which it was also serving as a creditor, fraudulently transferred away millions that could have covered its debts must go to trial, a Delaware vice chancellor ruled on Tuesday.
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August 05, 2025
Gas Breaks Can't Justify Russian Fertilizer Duties, Fed. Circ. Told
The federal government improperly concluded that EuroChem's Russian imports to the U.S. were subject to countervailing duties because of natural gas subsidies those products benefited from, counsel representing the company told the Federal Circuit during oral arguments Tuesday.
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August 05, 2025
States Win Ruling To Shield FEMA Disaster Prevention Funds
A Massachusetts federal judge on Tuesday temporarily barred the Trump administration from redirecting more than $4 billion in funds allocated by Congress for natural disaster mitigation efforts toward other Federal Emergency Management Agency programs.
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August 05, 2025
NY Loses Bid To Move Climate Superfund Suit Upstate
The federal government's lawsuit challenging New York's climate change Superfund law will proceed in the New York City court where it was filed, rather than in a judicial district closer to the state capitol as the state had requested, a judge said.
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August 05, 2025
Brookfield Nabs $6B Minority Stake In Duke Energy Florida
Skadden Arps Slate Meagher & Flom LLP-advised Duke Energy on Tuesday unveiled plans for infrastructure investor Brookfield, advised by Kirkland & Ellis LLP, to take an indirect minority equity stake in its electric company Duke Energy Florida in a $6 billion all-cash deal.
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August 05, 2025
DC Circ. Remands Yukos' $50B Award Suit Against Russia
The D.C. Circuit on Tuesday ordered a lower court to reconsider Russia's bid to escape a long-running case to enforce $50 billion in arbitral awards issued to former shareholders of Yukos Oil Co., ruling the court must independently determine whether an underlying arbitration agreement exists.
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August 05, 2025
Willkie Adds Int'l Arbitration Pro From Boies Schiller In DC
Willkie Farr & Gallagher LLP has strengthened its international arbitration offerings in the nation's capital with an attorney from Boies Schiller Flexner LLP.
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August 04, 2025
Ukraine Oil Co. Says Disclosure Order In $150M Suit Must End
Ukraine's largest oil company has urged a Texas federal court to lift its ongoing disclosure obligations now that a motion for turnover by a U.S.-based subsidiary of Kuwait Energy has been denied as the subsidiary looks to enforce a $150 million arbitral award.
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August 04, 2025
Holtec Tells 6th Circ. Arb. Award Should Have Been Vacated
Holtec International asked the Sixth Circuit on Monday to reverse a lower court's decision declining to vacate a union arbitration award the company argued should have named a subsidiary instead, saying the court used a doctrine meant to correct naming errors to upend the statute of limitations for modifying arbitration awards.
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August 04, 2025
5th Circ. Pushes FERC To Justify Keeping Pipeline Rate Cap
A Fifth Circuit panel on Monday challenged the Federal Energy Regulatory Commission's position that two pipeline owners have monopolistic power, suggesting that's not the case if customers have other routes for distributing oil.
Expert Analysis
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How New Texas Law Revamps Electric Grid To Meet Demand
A new Texas law enacted in response to the burdens that data centers, crypto mining and other large-scale users are placing on the state's electric grid means that stakeholders must review updated requirements around grid interconnection, disclosure of development plans and operational flexibility during tight conditions, say attorneys at Jackson Walker.
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9th Circ. Has Muddied Waters Of Article III Pleading Standard
District courts in the Ninth Circuit continue to apply a defunct and especially forgiving pleading standard to questions of Article III standing, and the circuit court itself has only perpetuated this confusion — making it an attractive forum for disputes that have no rightful place in federal court, say attorneys at Gibson Dunn.
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Future Of Enviro Crimes Under Trump's Federal Regs Order
President Donald Trump's recent executive order about fighting overcriminalization in federal regulations creates new advocacy opportunities for defense counsel to argue that particular environmental crime investigations and matters ought to be limited or declined based on the policy priorities reflected in the order, say attorneys at Sidley.
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Series
Competing In Modern Pentathlon Makes Me A Better Lawyer
Opening myself up to new experiences through competing in modern Olympic pentathlon has shrunk the appearance of my daily work annoyances and helps me improve my patience, manage crises better and remember that acquiring new skills requires working through your early mistakes, says attorney Mary Zoldak.
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Series
Law School's Missed Lessons: Teaching Yourself Legal Tech
New graduates often enter practice unfamiliar with even basic professional software, but budding lawyers can use on-the-job opportunities to both catch up on technological skills and explore the advanced legal and artificial intelligence tools that will open doors, says Alyssa Sones at Sheppard Mullin.
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Texas Targets Del. Primacy With Trio Of New Corporate Laws
Delaware has long positioned itself as the leader in attracting business formation, but a flurry of new legislation in Texas aimed at attracting businesses to the Lone Star State is aggressively trying to change that, says Andrew Oringer at the Wagner Law Group.
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How AI May Reshape The Future Of Adjudication
As discussed at a recent panel at Texas A&M, artificial intelligence will not erase the human element of adjudication in the next 10 to 20 years, but it will drive efficiencies that spur private arbiters to experiment, lead public courts to evolve and force attorneys to adapt, says Christopher Seck at Squire Patton.
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How States Are Taking The Lead On Data Center Regulation
While support for data center growth is a declared priority for the current administration, federal data center policy has been slow to develop — so states continue to lead in attracting and regulating data center growth, say attorneys at Steptoe.
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When Legal Advocacy Crosses The Line Into Incivility
As judges issue sanctions for courtroom incivility, and state bars advance formal discipline rules, trial lawyers must understand that the difference between zealous advocacy and unprofessionalism is not just a matter of tone; it's a marker of skill, credibility and potentially disciplinary exposure, says Nate Sabri at Perkins Coie.
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Series
Volunteering At Schools Makes Me A Better Lawyer
Speaking to elementary school students about the importance of college and other opportunities after high school — especially students who may not see those paths reflected in their daily lives — not only taught me the importance of giving back, but also helped to sharpen several skills essential to a successful legal practice, says Guillermo Escobedo at Constangy.
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DOE Grant Recipients Facing Termination Have Legal Options
Federal grant recipients whose awards have recently been rescinded by the U.S. Deparment of Energy have options for successfully challenging those terminations through litigation, say attorneys at Bracewell.
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Attacks On Judicial Independence Tend To Manifest In 3 Ways
Attacks on judicial independence now run the gamut from gross (bald-faced interference) to systemic (structural changes) to insidious (efforts to undermine public trust), so lawyers, judges and the public must recognize the fateful moment in which we live and defend the rule of law every day, says Jim Moliterno at Washington and Lee University.
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A Look At Texas Corp. Law Changes Aimed At Dethroning Del.
Seeking to displace Delaware as the preferred locale for incorporation, Texas recently significantly amended its business code, including changes like codifying the business judgment rule, restricting books and records demands, and giving greater protections for officers and directors in interested transactions, say attorneys at Fenwick.
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Justices Hand Agencies Broad Discretion In NEPA Review
By limiting the required scope of reviews under the National Environmental Policy Act, the U.S. Supreme Court's recent ruling in Seven County Infrastructure Coalition v. Eagle County could weaken the review process under NEPA, while also raising questions regarding the degree of deference afforded to agencies, say attorneys at Foley Hoag.
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Series
Law School's Missed Lessons: Appreciating Civil Procedure
If you’re like me, law school’s often complex and theoretical approach to teaching civil procedure may have contributed to an early struggle with the topic, but when seen from a practical perspective, new lawyers may find they enjoy mastering these rules, says Chloe Villagomez at Foster Garvey.