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Energy
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October 02, 2025
Cravath, Kirkland Lead Berkshire's $9.7B OxyChem Buy
Warren Buffett's Berkshire Hathaway is set to acquire energy giant Occidental's chemical business, OxyChem, in a $9.7 billion all-cash megadeal built by Cravath Swaine & Moore LLP and Kirkland & Ellis LLP.
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October 01, 2025
Investor Suit Over Deadly Turkey Landslide Dismissed
A Colorado federal judge on Tuesday dismissed a proposed class action brought by investors claiming SSR Mining Inc. defrauded them, ruling the shareholders didn't adequately allege the company and its executives downplayed safety issues before a deadly landslide at a Turkish gold mine.
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October 01, 2025
Quantum Can't Nix FTC Order Over $5.2B Natural Gas Deal
Quantum Energy Partners is not going to be allowed out from under a consent order it inked with the Federal Trade Commission that had allowed a $5.2 billion oil and gas deal with EQT Corp. to go through, the agency has announced.
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October 01, 2025
US, Copper Co. Ask 9th Circ. To Spike Land Transfer Appeal
The U.S. government and a copper company have asked the Ninth Circuit to dismiss conservation groups' and an Apache tribe's appeal of an Arizona federal judge's decision to uphold a federal law authorizing a land exchange.
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October 01, 2025
Reed Smith Seeks 2nd Circ. Help Over Eletson Orders
Reed Smith LLP has urged the Second Circuit to nix an order displacing the firm as counsel and requiring it to turn over client files for international shipping group Eletson Holdings Inc. to lawyers representing the company's new owners, saying Eletson's bankruptcy plan has not validly taken effect.
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October 01, 2025
PG&E Brass, Underwriters Get Investors' Wildfire Suit Tossed
A California federal judge has thrown out a proposed investor class action against PG&E officers, directors and underwriters that blamed stockholder losses following deadly wildfires on previous statements by PG&E officials about the utility's safety practices, but said they could try a fifth time.
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October 01, 2025
DC Circ. Deems FERC-Approved Pipeline Rates Unjustly High
The D.C. Circuit wiped out FERC's approval of fuel rates charged by a Kinder Morgan unit's pipeline following an expansion project, saying the agency unfairly saddled gas producer Antero Resources Corp. with higher rates than other pipeline customers.
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October 01, 2025
GAO Urges Nuke Agency To Fix Its Cost Reports To Congress
The U.S. Government Accountability Office urged the National Nuclear Security Administration to improve its reporting systems after finding it has often failed to inform lawmakers about growing construction project costs as required.
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October 01, 2025
EPA Proposes Rolling Back Biden HFC Ban Deadline
The U.S. Environmental Protection Agency on Tuesday proposed a new rule that would extend the compliance deadline for and revise other parts of a Biden administration-era rule that bars hydrofluorocarbons in refrigeration, air conditioning and heating products if more "climate friendly" alternatives are available.
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October 01, 2025
White House Issues New NEPA Guidance To Federal Agencies
The White House Council on Environmental Quality has released guidance for federal agencies that are working to update their National Environmental Policy Act guidelines.
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October 01, 2025
Ohio Says Norfolk Southern Fully Liable In Derailment Suit
Ohio is asking a federal judge to find Norfolk Southern Corp. fully liable for pollution stemming from the 2023 East Palestine train derailment, saying the court should find that each railcar is a separate source of pollution under state law and assess penalties accordingly.
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October 01, 2025
Peru Says Mining Co. Can't Revive $417M Penalty Claim
Peru is resisting an Arizona-based mining company's bid to annul a decision by international arbiters who found they lacked jurisdiction over $417 million in penalties and interest the country imposed for unpaid royalties, saying the company is wrong to claim the issue was improperly ignored.
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October 01, 2025
Haynes Boone Leads AI Campus REIT's Upsized $683M IPO
Fermi, a real estate investment trust co-founded by former U.S. Energy Secretary Rick Perry, hit a $14.8 billion valuation Wednesday in an initial public offering for the venture that aims to build power generation and data center capacity to support artificial intelligence on a Texas site, in a deal advised by Haynes Boone and Vinson & Elkins LLP.
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September 30, 2025
DC Circ. To Decide If Renewable Fuel Exemption Fight Moot
The D.C. Circuit was full of questions Tuesday morning about whether it should or should not consider moot a challenge to an Environmental Protection Agency policy regarding how the agency accounts for retroactive exemptions when setting renewable fuel standards.
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September 30, 2025
US Worker Unions Slam 'Unlawful' Shutdown Firing Threats
The American Federation of Government Employees and the American Federation of State, County and Municipal Employees sued Tuesday over the Trump administration's threats to fire federal workers in the event of a government shutdown, arguing that the threats stray from historic practice and violate the law.
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September 30, 2025
US Oil Fund Beats Investor Suit Over COVID-Era Disclosures
A New York federal judge tossed a proposed class action accusing United States Oil Fund LP and its backers of misleading investors during the 2020 oil crash, finding it does not plead actionable misstatements or omissions about pandemic-related risks the exchange-traded fund faced, or knowledge of wrongdoing by the defendants.
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September 30, 2025
DC Circ. Backs FERC Approval Of Tenn. Pipeline
The D.C. Circuit on Tuesday used a recent landmark U.S. Supreme Court decision curtailing federal environmental reviews to reject a challenge to the Federal Energy Regulatory Commission's approval of a Tennessee pipeline project.
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September 30, 2025
Spain Must Pay €332M Renewables Awards, Judge Rules
A D.C. federal judge enforced a pair of arbitral awards against Spain worth a combined €332.4 million ($390.5 million), days before the U.S. Supreme Court is expected to decide whether to take up the country's jurisdictional challenge in the cases.
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September 30, 2025
Feds Insist They Can Block Michigan AG's Climate Suit
The Trump administration told a federal court its bid to stop Michigan from filing an anticipated climate change lawsuit is not premature, as the state's attorney general has not backed down from her litigation plans.
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September 30, 2025
Ballard Spahr Rehires Solar Co. Attorney In Salt Lake City
An attorney who started his legal career at Ballard Spahr LLP has rejoined the team in Salt Lake City after working for years as part of the in-house legal team at New Orleans-based solar energy provider PosiGen, the firm recently announced.
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September 29, 2025
Zurich Wins $2M Coverage Dispute Over Wrongful Death Suit
A Colorado federal judge dismissed the claims of a pipeline construction company against Zurich Monday after the court found the insurance policy between the insurer and one of the construction company's subcontractors only allowed coverage up to $1 million, not $2 million.
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September 29, 2025
Lithium Co. Beats Investor Suit Over Extraction Rate Claims
Canadian extraction plant operator Standard Lithium Ltd. on Monday escaped a proposed shareholder class action accusing it of misleading investors about the production capabilities of a U.S. plant after a federal judge determined the suit does not show investors were harmed by inconsistencies between its public statements and disclosures it made to a state government agency.
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September 29, 2025
Venezuela Must Pay $1B ExxonMobil Award, Judge Rules
A D.C. federal judge enforced a $1 billion arbitral award against Venezuela in a dispute with three Exxon Mobil affiliates, saying the interim government's argument that the tribunal wrongly allowed the illegitimate government of president Nicolás Maduro to argue the case is foreclosed under D.C. Circuit precedent.
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September 29, 2025
Utah Tribe Seeks Sanctions In Water Fight With Farm Cos.
A Native American tribe has asked a Utah federal court for sanctions up to default judgment against a group of farm companies in a water use lawsuit, saying their failure to comply with any order and participate in the litigation willfully ignores the suit's seriousness.
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September 29, 2025
Feds' Clean Air Fix Would Shutter Detroit Plant, Judge Hears
The federal government on Monday asked a Michigan federal judge to order a Detroit facility that produces coke for steelmaking to install processes that would reduce its sulfur emissions and pay a $140 million fine for Clean Air Act violations, while the facility told the court such an order would essentially shutter the operation.
Expert Analysis
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How AI Can Find Environmental Risks Before Regulators Do
By using artificial intelligence to analyze public information that regulators collect but find incredibly challenging to connect across agencies and databases, legal teams can identify risks before widespread health impacts occur, rather than waiting for harm to surface — potentially transforming environmental litigation, says Paul Napoli at Napoli Shkolnik.
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Series
Judging Figure Skating Makes Me A Better Lawyer
Judging figure skating competitions helps me hone the focus, decisiveness and ability to process complex real-time information I need in court, but more importantly, it makes me reengage with a community and my identity outside of law, which, paradoxically, always brings me back to work feeling restored, says Megan Raymond at Groombridge Wu.
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Looking Beyond Property Damages For Wildfire Survivors
Personal injury attorneys seeking compensation for victims of wildfires like those in Los Angeles County must carefully apply a multidisciplinary approach that looks beyond obvious property loss to the full spectrum of damages, considering factors like emotional distress, disruption of community and the psychological toll of displacement, says Farid Yaghoubtil at Downtown L.A. Law Group.
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What Ethics Rules Say On Atty Discipline For Online Speech
Though law firms are free to discipline employees for their online commentary about Charlie Kirk or other social media activity, saying crude or insensitive things on the internet generally doesn’t subject attorneys to professional discipline under the Model Rules of Professional Conduct, says Stacie H. Rosenzweig at Halling & Cayo.
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Junior Attys Must Beware Of 5 Common Legal Brief Mistakes
Excerpt from Practical Guidance
Junior law firm associates must be careful to avoid five common pitfalls when drafting legal briefs — from including every possible argument to not developing a theme — to build the reputation of a sought-after litigator, says James Argionis at Cozen O'Connor.
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Opinion
State AGs, Not Local Officials, Should Lead Public Litigation
Local governments’ public nuisance lawsuits can raise constitutional and jurisdictional challenges, reinforcing the principle that state attorneys general — not municipalities — are best positioned to litigate on behalf of citizens when it is warranted, says former Utah Attorney General John Swallow.
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Expect DOJ To Repeat 4 Themes From 2024's FCPA Trials
As two upcoming Foreign Corrupt Practice Act trials approach, defense counsel should anticipate the U.S. Department of Justice to revive several of the same themes prosecutors leaned on in trials last year to motivate jurors to convict, and build counternarratives to neutralize these arguments, says James Koukios at MoFo.
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Utilizing 6th Circ.'s Expanded Internal Investigation Protection
A recent Sixth Circuit decision in In re: FirstEnergy demonstrates one way that businesses can use a very limited showing to protect internal investigations from discovery in commercial litigation, while those looking to force production will need to employ a carefully calibrated approach, say attorneys at Brownstein Hyatt.
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Series
Power To The Paralegals: How And Why Training Must Evolve
Empowering paralegals through new models of education that emphasize digital fluency, interdisciplinary collaboration and human-centered lawyering could help solve workforce challenges and the justice gap — if firms, educators and policymakers get on board, say Kristine Custodio Suero and Kelli Radnothy.
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Evaluating The Current State Of Trump's Tariff Deals
As the Trump administration's ambitious tariff effort rolls into its ninth month, and many deals lack the details necessary to provide trade market certainty, attorneys at Adams & Reese examine where things stand.
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Series
Playing Softball Makes Me A Better Lawyer
My time on the softball field has taught me lessons that also apply to success in legal work — on effective preparation, flexibility, communication and teamwork, says Sarah Abrams at Baleen Specialty.
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8 Steps For Industrial Property Buyers To Limit Enviro Liability
Ongoing litigation over the U.S. Environmental Protection Agency’s designation of PFAS as hazardous site contaminants demonstrates the liabilities that industrial property purchasers risk inheriting, but steps to guarantee rigorous environmental compliance, anticipate regulatory change and allocate cleanup responsibilities can mitigate this uncertainty, say attorneys at ArentFox Schiff.
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Series
Law School's Missed Lessons: Mastering Time Management
Law students typically have weeks or months to prepare for any given deadline, but the unpredictability of practicing in the real world means that lawyers must become time-management pros, ready to adapt to scheduling conflicts and unexpected assignments at any given moment, says David Thomas at Honigman.
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How Hyperlinks Are Changing E-Discovery Responsibilities
A recent e-discovery dispute over hyperlinked data in Hubbard v. Crow shows how courts have increasingly broadened the definition of control to account for cloud-based evidence, and why organizations must rethink preservation practices to avoid spoliation risks, says Bree Murphy at Exterro.
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Pemex Bribery Charges Provide Glimpse Into FCPA Evolution
A recently unsealed indictment against two Mexican nationals for allegedly bribing officials at Pemex, Mexico’s state-owned oil company, reveals that Foreign Corrupt Practices Act enforcement is adapting to new priorities, but still remains active, and compliance programs should continue apace, say attorneys at Crowell & Moring.