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Energy
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November 03, 2025
2nd Circ. Urged To Revive Norfolk Southern Fraud Suit
The Second Circuit was told Friday that a proposed securities fraud class action against Norfolk Southern Corp. investors should be revived, as the rail giant misled investors by falsely extolling safety commitments while the company winnowed its workforce and cut costs.
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November 03, 2025
2nd Circ. Denies Reed Smith Relief In Eletson Discovery Feud
The Second Circuit has rejected a bid from Reed Smith to pause a lower court ruling ordering the new owner of international shipping company Eletson Holdings to turn over documents requested by competitor Levona Holdings Ltd, finding the law firm failed to make its case to hold off on granting access to the documents.
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November 03, 2025
2 Doctrines Likely To Direct Justices' Review Of Trump Tariffs
When the U.S. Supreme Court hears oral arguments Wednesday over whether President Donald Trump can impose tariffs under the International Emergency Economic Powers Act, it will likely test two doctrines the justices have recently considered: the major questions and nondelegation doctrines.
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November 03, 2025
DC Circ. Fight Grows Over Energy Dept.'s Coal Plant Order
The U.S. Department of Energy is facing an expanded challenge over its move to keep a Michigan coal-fired power plant open, as Illinois and Minnesota have asked the D.C. Circuit to overturn the agency's extension of its emergency order through Nov. 19.
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November 03, 2025
Calif. Can't Enforce 'Clean Trucks' Pact, Judge Says
California cannot enforce a 2023 agreement that would have subjected heavy-duty truck manufacturers to stringent state emissions standards and stiff penalties for noncompliance, after a federal judge signaled that federal law likely preempts the Golden State's standards.
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November 03, 2025
Equipment Breakdown Insurers Needn't Cover Iron Plant Loss
Nucor Corp.'s equipment breakdown insurance doesn't cover an industrial accident at its Louisiana-based direct reduced iron plant, a North Carolina state court ruled, saying no breakdown, as defined by the policy, occurred.
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November 03, 2025
Tribe, Coalition Fight 9th Circ. Bid To Nix Ariz. Land Exchange
An Apache tribe and conservation groups are fighting a Ninth Circuit bid to dismiss their efforts to block a 2,500-acre land exchange within Tonto National Forest, saying the federal government and mining company's arguments inaccurately center on a sentence in the 2014 Southeast Arizona Land Exchange and Conservation Act.
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November 03, 2025
5 Firms Build Merger That Creates $7B Precious Metals Biz
Metals producer Coeur Mining Inc. on Monday announced plans to acquire Canadian-focused intermediate mining company New Gold Inc. in a deal that boasts a total equity value of roughly $7 billion and was built by five law firms.
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November 03, 2025
GE Can't Nix Suit Over Power Plant Worker's Injuries
A Pennsylvania federal judge won't let General Electric Co. and Joenic Steel LLC out of a suit by a power plant worker who alleges that he was injured while installing a faulty expansion joint, saying the companies' arguments will have to go in front of a jury.
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November 03, 2025
5th Circ. Asks If New Review Needed For Texas Gas Facility
A Fifth Circuit panel pressed the Texas Commission on Environmental Quality to explain whether it can greenlight an extension for construction of a liquefied natural gas facility without again reviewing facility emissions, asking Monday what to do with language in the law seemingly calling for another review.
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November 03, 2025
Wolfspeed Says Gas Supplier Reneged On Equipment Deal
Recently bankrupt semiconductor company Wolfspeed Inc. accused a bulk gas supplier in North Carolina federal court of failing to follow through on a contract by not removing gas equipment and suspending service fees.
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November 03, 2025
Energy Specialist Atty Rejoins V&E In Houston From Weil
Vinson & Elkins LLP announced Monday that an energy-focused corporate attorney has rejoined the firm in Houston from Weil Gotshal & Manges LLP.
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November 03, 2025
2 Firms Guide Eaton's $9.5B Data Center Cooling Push
Power management company Eaton Corp., based in Ireland with major U.S. operations, announced Monday it will buy the Boyd Thermal business from Boyd Corp. for $9.5 billion, deepening its push into data center infrastructure amid rising demand for power and efficiency.
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November 03, 2025
Milbank Launches Digital Infra Team As AI Market Booms
Milbank LLP is launching a cross-disciplinary team to capitalize on its digital infrastructure capabilities as demand for assets such as data centers continues to surge.
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November 03, 2025
Kirkland, Gibson Dunn Lead $12.8B SM Energy, Civitas Merger
Independent energy company SM Energy, advised by Gibson Dunn & Crutcher LLP, and fellow energy company Civitas Resources, led by Kirkland & Ellis LLP, on Monday announced plans to merge in an all-stock deal that gives the combined company an enterprise value of $12.8 billion.
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October 31, 2025
Ex-Tech Co. VP Claims She Was Fired For Not Joining Church
A female former executive at a clean energy technology company has claimed in Pennsylvania federal court that she was terminated from her job after refusing her boss' alleged attempts to convert her to the Church of Latter Day Saints, and that she was told that women are "better suited staying home."
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October 31, 2025
Reps Pan Plans To Pull Troops, Test Nuclear Weapons
Republican and Democratic lawmakers in Congress urged the Trump administration to rethink decisions to pull some troops from Europe and restart nuclear weapons tests, with some calling them dangerous and uncoordinated moves.
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October 31, 2025
5th Circ. Rejects Late Claims Over Arkema Plant Explosions
The Fifth Circuit on Friday tossed claims that accused chemical manufacturer Arkema Inc. of being liable for property damage caused by one of its industrial plants exploding after Hurricane Harvey hit Texas in 2017, ruling that the lower court rightfully determined that the claims are time-barred.
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October 31, 2025
UK Energy Customers Suffer Setback In Power Cables Case
Millions of U.K. electricity customers suing power cable manufacturers over an alleged price-fixing cartel suffered a setback when a tribunal ruled that losses suffered by offshore wind farms were not passed on to electricity bill payers through a government subsidy scheme.
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October 31, 2025
Gov't Owes $330K In Fees For NSF Funding Fight, Court Told
A higher education association seeks more than $330,000 in attorney fees and costs from the government after winning a ruling blocking the Trump administration from cutting certain National Science Foundation funding, according to a memorandum filed in Massachusetts federal court.
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October 31, 2025
Pair Of SPAC Listings Raise $375M In IPOs
Two special purpose acquisition companies have begun trading publicly after raising a combined $375 million through their initial public offerings this week, with Viking Acquisition I bringing in $200 million and Dynamix Corp. III drawing $175 million.
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October 31, 2025
Pa. AG Charges Fracking Co. With Multiple Enviro Crimes
The gas development and gathering arm of New York utility National Fuel Gas Co. has been hit with criminal charges, accused of violating Pennsylvania environmental laws, state Attorney General Dave Sunday announced Friday.
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October 31, 2025
Steelworkers Back Offshore Wind Project Targeted By Trump
The United Steelworkers union is backing U.S. Wind's injunction motion to halt the federal government's reversal of approval of its wind farm off the coast of Maryland, telling a federal judge that the about-face jeopardizes over 500 permanent jobs and $1 billion in labor income over the next 20 years.
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October 31, 2025
FERC Faces DC Circ. Fight Over Pipeline Project Revival
Environmental and homeowner groups have asked the D.C. Circuit to drop the Federal Energy Regulatory Commission's reauthorization of a previously abandoned pipeline upgrade project in the Northeast, saying the agency can't simply restore an approval it issued six years ago.
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October 31, 2025
IBEW Locals Fight Ouster Of Unions At Energy, Interior Depts.
President Donald Trump wasn't allowed to revoke the union status of electricians, linemen and plant operators at the Departments of Energy and the Interior, a group of union locals told a D.C. federal court, saying federal labor law enshrines their right to remain union-represented.
Expert Analysis
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Calif. Bar Exam Fiasco Shows Why Attys Must Disclose AI Use
The recent revelation that a handful of questions from the controversial California bar exam administered in February were drafted using generative artificial intelligence demonstrates the continued importance of disclosure for attorneys who use AI tools, say attorneys at Troutman.
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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.