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Energy
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July 18, 2025
Stewart Issues Discretion Decisions For 56 More Petitions
Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart issued 25 more orders on requests for discretionary denial, deciding a total of 56 cases, while the results of earlier proceedings she let move forward have started to roll out.
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July 18, 2025
CORRECTION: FirstEnergy Investors File Unredacted Discovery Brief
Editor's note: An article published Friday incorrectly referred to a court filing as new. The filing, which was a motion to compel discovery, was originally made in July 2023, but with redactions. It was refiled Thursday with the redactions removed. The redacted material described memoranda sought by the plaintiffs in the matter, among other things. A special master granted the motion in November 2023, and a federal judge in April 2024 overruled objections to the special master's order.
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July 18, 2025
Texas Appeals Court Says City Wanted Too Much In Royalties
A Texas appeals court affirmed a lower court's ruling against the city of Crowley, Texas, on Thursday, finding that the city's energy agreement with TotalEnergies E&P USA Inc. requires gas royalty payments to be calculated solely based on the market value of the gas at the point of sale.
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July 18, 2025
Hearing Set In Phoenix For Oak Flat Copper Mine Lawsuits
An Arizona federal judge has set an August hearing date to consider injunction bids by the San Carlos Apache Tribe and environmental groups in their lawsuits seeking to block Resolution Copper Co.'s mining project on Oak Flat, an ancient tribal worship site.
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July 18, 2025
FTC Nixes Exxon-Pioneer, Chevron-Hess Board Ban Deals
The Biden-era Federal Trade Commission settlements clearing Exxon's purchase of Pioneer and Chevron's acquisition of Hess are no more, after the now Republican-controlled agency said there was no need to condition acquisition approvals on banning the CEOs of Pioneer and Hess from the boards of the combined companies.
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July 18, 2025
Texas Court Tosses Cities' Challenge To 'Death Star' Bill
A state appeals court tossed three Texas cities' challenge to a bill nicknamed the "Death Star," writing that they hadn't properly shown they'd be injured by the bill's mandate that state law preempt local ordinances.
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July 18, 2025
5 Firms Guide $3.5B Sale Of Power Plants In Penn. And Ohio
Power company Talen Energy Corp. will pay $3.5 billion for two power plants, one in Pennsylvania and the other in Ohio, in a deal with an estimated gross value of $3.8 billion adjusted for tax benefits, Talen has announced.
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July 18, 2025
Trump Flexes Air Law Power To Delay Compliance Deadlines
President Donald Trump has postponed deadlines to comply with air pollution standards for companies in the coal power, chemical manufacturing, medical sterilization and iron ore industries, relying on special presidential power contained in the Clean Air Act.
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July 18, 2025
Top 5 Energy Decisions Of 2025: A Midyear Report
A game-changing U.S. Supreme Court ruling that could significantly narrow federal environmental reviews of energy projects punctuated a busy first half of 2025 for the industry in the courts. Here are several court decisions that stood out for energy attorneys in the first half of this year.
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July 18, 2025
Taxation With Representation: Wachtell, Slaughter And May
In this week's Taxation With Representation, Blackstone pours billions into data centers and related infrastructure, Waters Corp. and Becton Dickinson look to form a new life sciences powerhouse, Reckitt sells 70% of its Essential Home business to private equity firm Advent, and Chevron completes its acquisition of Hess following a favorable arbitral award.
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July 18, 2025
BP To Sell US Wind Biz To Greenberg Traurig-Led LS Power
Energy giant BP PLC said Friday that it has agreed to sell its onshore wind business in the U.S. to LS Power, which is being advised by Greenberg Traurig, as it presses ahead with a $20 billion asset disposal program to simplify its group structure.
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July 18, 2025
Chevron Beats Exxon Challenge, Completes $53B Hess Deal
Chevron said Friday that it has completed its $53 billion acquisition of Hess following a favorable arbitral award, resolving a dispute with rival oil majors over Hess' stake in a lucrative Guyana oil block that had threatened to derail the megadeal.
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July 17, 2025
Exxon Can't Escape Suit Over Benzene-Related Death
Exxon Mobil must face claims that its benzene-containing products caused a former gas station and industrial worker's fatal cancer, a North Carolina federal judge ruled, finding the statute of limitations on his widow's claims started when he was diagnosed and not when he was exposed to the chemicals.
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July 17, 2025
2nd Circ. Overturns Ex-HSBC Exec's 2017 Fraud Conviction
The Second Circuit on Thursday overturned the conviction of a former HSBC executive accused of defrauding a Scottish oil and gas company in a $3.5 billion currency exchange deal, finding his jury was improperly instructed on a now-invalid "right-to-control" theory of fraud.
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July 17, 2025
Russia Claims Immunity In $34M Crimea Award Suit
Russia is pressing the D.C. Circuit to overturn what it calls an "unprecedented" decision greenlighting litigation to enforce a more than $34 million arbitral award issued to Ukrainian gas companies that operated in Crimea, saying Wednesday that its sovereign immunity defense wasn't adequately weighed.
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July 17, 2025
Norfolk Southern Blames Quarry For $2.1M Sinkhole Costs
Norfolk Southern has sued the current and former owners of a Philadelphia-area quarry for more than $2.1 million, alleging Wednesday that their decades of mining operations opened up a sinkhole that caused a 2023 train derailment.
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July 17, 2025
Problematic Fund Harmed Health Tech Co. 401(k), Court Told
Health technology company Philips North America cost workers millions by retaining a stable value investment fund in its $5 billion retirement plan that produced dismal returns for workers and by mismanaging forfeited funds, three workers told a Massachusetts federal court.
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July 17, 2025
EPA Merging Offices As Reorganization Continues
The U.S. Environmental Protection Agency on Thursday said it's consolidating and shuffling some of its internal offices, including those handling finance and enforcement, the latest in a series of changes and cutbacks at the EPA.
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July 17, 2025
EU Sends Hungary To Court Of Justice Over ECT Stance
The European Commission said it will refer Hungary to the European Union's Court of Justice to address a potential violation of EU law, claiming it has contradicted the union's position on intra-EU arbitrations under the Energy Charter Treaty and refused to abide by the court's case law.
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July 17, 2025
Oil Cos. Not Covered In Gas Exposure Suit, Markel Unit Says
A Markel unit has no duty to defend or indemnify oil and gas companies in a suit over a worker's exposure to toxic hydrogen sulfide gas, it told a Texas federal court, saying the underlying suit did not allege an occurrence.
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July 17, 2025
Pyrophyte's 2nd SPAC Raises $175M To Target Energy Biz
Special purpose acquisition company Pyrophyte Acquisition Corp. II began trading on the public markets on Thursday after raising $175 million in its initial public offering.
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July 16, 2025
Odebrecht Investors Score Early Wins In Bribe-Scheme Suit
A New York federal judge on Wednesday granted partial wins to an investment firm and funds that are suing Brazilian engineering conglomerate Odebrecht SA and two subsidiaries over an alleged far-reaching bribery scheme, saying the plaintiffs have established the defendants knowingly made material misrepresentations that were relied upon.
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July 16, 2025
Zenith's $130M Tunisia Oilfield Claim Comes Up Short
Canadian oil and gas company Zenith Energy Ltd. said Wednesday that an international tribunal has rejected $130 million in claims brought by its subsidiary against Tunisia regarding a terminated oilfield concession, a result that its CEO called "nothing short of a travesty."
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July 16, 2025
Ex-FirstEnergy Execs Can't Sway Judge With Jury-Taint Fears
An Ohio federal judge has rejected objections that former FirstEnergy Corp. executives facing criminal charges raised over recommended changes to a protective order in a securities class action against them and the company.
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July 16, 2025
Mich. Judge Upholds Propane Assessment After Retailer Vote
A judge dismissed a challenge to an assessment levied on sales of propane in Michigan on Wednesday, finding the state's propane retailers authorized it by vote.
Expert Analysis
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Bills' Defeat Means Brighter Outlook For Texas Renewables
The failure of a trio of bills from the recently concluded Texas legislative session that would have imposed new burdens on wind, solar and battery storage projects bodes well for a state with rapidly growing energy needs, say attorneys at Troutman.
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Series
Playing The Violin Makes Me A Better Lawyer
Playing violin in a string quartet reminds me that flexibility, ambition, strong listening skills, thoughtful leadership and intentional collaboration are all keys to a successful legal practice, says Julie Park at MoFo.
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DOJ's 1st M&A Declination Shows Value Of Self-Disclosures
The U.S. Department of Justice's recent decision not to charge private equity firm White Deer Management — the first such declination under an M&A safe harbor policy announced last year — signals that even in high-priority national security matters, the DOJ looks highly upon voluntary self-disclosures, say attorneys at Perkins Coie.
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Series
Law School's Missed Lessons: Practicing Self-Care
Law schools don’t teach the mental, physical and emotional health maintenance tools necessary to deal with the profession's many demands, but practicing self-care is an important key to success that can help to improve focus, manage stress and reduce burnout, says Rachel Leonard at MG+M.
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Forensic Challenges In Lithium-Ion Battery Fire Cases
Lawsuits over lithium-ion battery fires and explosions often center on the core question of whether the battery was defective or combusted due to some other external factor — so both plaintiff and defense attorneys litigating these cases must understand the forensic issues involved, says Drew LaFramboise at Joseph Greenwald.
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Texas' Cactus Ruling Clarifies 'Produced Water' Rules
The Texas Supreme Court's decision in Cactus Water Services v. COG Operating, holding that mineral interest lessees have the rights to water extracted alongside oil and gas, should benefit industry players by clarifying the rules — but it leaves important questions about royalties unresolved, say attorneys at Yetter Coleman.
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ABA Opinion Makes It A Bit Easier To Drop A 'Hot Potato'
The American Bar Association's recent ethics opinion clarifies when attorneys may terminate clients without good cause, though courts may still disqualify a lawyer who drops a client like a hot potato, so sending a closeout letter is always a best practice, say attorneys at Thompson Hine.
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Federal Construction Considerations Amid Policy Overhaul
The rapid overhaul of federal procurement, heightened domestic sourcing rules and aggressive immigration enforcement are reshaping U.S. construction, but several pragmatic considerations can help federal contractors engaged in infrastructure and public construction avoid the legal, financial and operational fallout, say attorneys at Cozen O'Connor.
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How Political Divisions Are Stalling Pa. Energy Development
Despite possessing the nation's second-largest natural gas reserves and a legacy of energy infrastructure, Pennsylvania faces a fragmented and politically charged path to developing the energy resources it will need in the future, thanks to legislative gridlock, divided public opinion and competing energy interests, says Andrew Levine at Stradley Ronon.
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How Trump's Trade Policies Are Shaping Foreign Investment
Five months into the Trump administration, investors are beginning to see the concrete effects of the president’s America First Investment Policy as it presents new opportunities for clearing transactions more quickly, while sustaining risk aversion related to Chinese trade and potentially creating different political risks, say attorneys at Covington.
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Justices Rewrite Rules For Challenging Enviro Agency Actions
Three recent U.S. Supreme Court rulings — Nuclear Regulatory Commission v. Texas, Oklahoma v. U.S. Environmental Protection Agency and EPA v. Calumet Shreveport Refining — form a jurisprudential watershed in administrative and environmental law, affirming statutory standing and venue provisions as the backbone of coherent judicial review, say attorneys at GableGotwals.
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Series
My Opera And Baseball Careers Make Me A Better Lawyer
Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.
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8 Ways Lawyers Can Protect The Rule Of Law In Their Work
Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.
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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.