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Energy
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December 15, 2025
Beyond Nuclear Pushes Justices To Undo Storage License
The nonprofit seeking to stop the U.S. Department of Energy from contracting out nuclear waste storage hit back at the contractor's bid to keep the case out of the U.S. Supreme Court, saying the contractor's own brief supports the nonprofit's position.
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December 15, 2025
DC Circ. Urged To Revive Rail Fuel Surcharge Collusion Suit
Rail shippers painted a story of different judges reaching opposite conclusions on the same evidence in an attempt to convince the D.C. Circuit to revive their lawsuit accusing Union Pacific, CSX, Norfolk Southern and BNSF of colluding on freight fuel surcharges.
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December 15, 2025
Fishery Says NY, NJ Wind Project 'Obliterated' Fishing Area
A Garden State fishery has sued the owner of the Empire Offshore Wind project in New Jersey federal court, alleging that it has "completely and permanently obliterated" the ability to harvest shellfish in the project area and caused it more $25 million in damages.
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December 15, 2025
Blank Rome Hires Baker McKenzie Litigator In DC
Blank Rome LLP has hired a Baker McKenzie litigator who focuses his practice on technology, life sciences, aerospace, government contracts and energy industry-related matters to join the team in Washington, D.C., as a partner, the firm announced Monday.
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December 12, 2025
Fired MSPB Member Urges Full DC Circ. To Rehear Case
A D.C. Circuit panel based its decision to uphold Merit Systems Protection Board member Cathy Harris' firing on a mischaracterization of the agency, Harris argued Friday to the full D.C. Circuit, asking the en banc court to override the decision, bring her back to work and preserve MSPB members' job protections.
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December 12, 2025
J&J Hit With $40M Verdict In Bellwether Talc Trial In LA
A Los Angeles jury on Friday hit Johnson & Johnson with a $40 million verdict after a month-long bellwether trial, finding its talc products were a substantial factor in causing two women's ovarian cancer but declining to award punitive damages against J&J, which is facing thousands of talc claims nationwide.
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December 12, 2025
DC Circ. Won't Pause $50B Case During Russia Appeal
The D.C. Circuit refused to pause its order for a lower court to reconsider Russia's bid to escape a long-running case to enforce $50 billion in arbitral awards, as an underlying question is also being considered in unrelated enforcement proceedings also involving the Kremlin.
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December 12, 2025
Judge Says Eaton Moved $14B Subsidiary For Tax Purposes
A U.S. Tax Court judge said Friday that he plans to find Eaton's U.S. group transferred ownership of a $14 billion subsidiary overseas in 2012 solely to justify payment of higher interest rates and guarantee fees to the company's new Irish parent.
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December 12, 2025
Duke Energy Pushes Back On DOJ's View Of 'Monopoly Broth'
Duke Energy told the U.S. Supreme Court the government is backing a rival's antitrust claims accusing the power giant of squeezing it out of the North Carolina market simply to help enforcers' own cases accusing Big Tech companies of using a "monopoly broth" to thwart competition.
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December 12, 2025
Colo. Gas Co. Sues Water Utility Over Pipeline Construction
A Colorado natural gas provider filed a lawsuit Thursday in state court against a landowner and two entities that contracted to build a water pipeline on a farm property, seeking to stop the pipeline's construction, which the company says would run dangerously close to its own interstate gas pipeline.
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December 12, 2025
2 Firms Guide Stake Deal For Data Center Services Company
Middle market private equity firm Kohlberg will obtain a majority stake in industrial services company Loenbro LLC in a deal guided by Kirkland & Ellis LLP and Greenberg Traurig LLP, the companies announced.
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December 12, 2025
Mich. Judge Won't Limit Evidence At Dam Collapse Trial
A Michigan state judge has rejected the state's and residents' attempts to limit what evidence a jury will hear in a January trial on Michigan's liability for the collapse of a privately owned dam that unleashed widespread flooding.
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December 12, 2025
U.S. Steel Can Arbitrate $22M Canadian Contract Spat
Canadian steelmaker Algoma Steel Inc. must arbitrate its bid to break off its contract for buying iron ore from U.S. Steel Corp., since the contract contains a clause bringing all disputes to an arbitrator in Pittsburgh, a federal judge ruled Friday.
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December 12, 2025
MVP: Susman Godfrey's Geoffrey Harrison
Susman Godfrey LLP partner Geoffrey Harrison guided energy company Apache Corp. to its recovery of nearly $500 million in a dispute related to decommissioning offshore oil rigs and helped Equistar Chemicals beat a construction contractor's $175 million claim in a weekslong trial, earning him a spot as one of the 2025 Law360 Energy MVPs.
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December 12, 2025
Judge Vacates Montana Logging Plan Over Wildlife Risks
A Montana federal court judge vacated a U.S. Forest Service plan to log more than 16,500 acres in the Custer Gallatin National Forest, saying its failure to consider future impacts on grizzly bears and Canada lynx was arbitrary and capricious.
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December 12, 2025
2nd Circ. Probes ConEd's Sudden Firing Of Atty Alleging Bias
The Second Circuit raised questions during a hearing about Con Edison's decision to terminate a longtime company lawyer shortly after she complained her boss was targeting her because she's an older woman, hinting some support for the attorney's fight to have her discrimination suit reinstated.
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December 12, 2025
Taxation With Representation: Cravath, Skadden, Debevoise
In this week's Taxation With Representation, Paramount Skydance Corp. launches a hostile bid for Warner Bros. Discovery, challenging Netflix's deal to acquire the studio and streaming business, IBM acquires data streaming company Confluent, and natural gas company Antero Resources Corp. expands via a deal with HG Energy.
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December 12, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen Shell hit with a climate change claim from 100 survivors of a typhoon in the Philippines, London Stock Exchange-listed Oxford Nanopore bring legal action against its co-founder, and the editors of Pink News sue the BBC for defamation following its investigation into alleged sexual misconduct at the news site.
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December 11, 2025
Alaska Natives Say Arctic Oil Project Ignores Enviro Risks
The U.S. Department of the Interior's Bureau of Land Management failed to properly evaluate the environmental impacts of ConocoPhillips Alaska Inc.'s seismic and exploration drilling program in the National Petroleum Reserve, Alaskan natives and green groups said Thursday in a new lawsuit.
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December 11, 2025
Grants Can Be Axed For Political Reasons, DOJ Atty Says
A Trump administration lawyer said Thursday that the president had blanket authority to cancel every discretionary grant slated for states that broke against him in the general election, and it wouldn't amount to a violation of the Fifth Amendment's equal protection guarantee.
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December 11, 2025
DC Judge Seeks US Guidance In $173M Russia Award Suit
A District of Columbia federal judge on Wednesday held off deciding whether to restart long-delayed litigation filed by one of Russia's largest oil companies to enforce a $173 million arbitral award against Ukraine, instead ordering the Trump administration to indicate whether it wants a say in the matter first.
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December 11, 2025
FEMA's Freeze On Disaster Mitigation Funds Ruled Unlawful
The Trump administration unlawfully terminated Federal Emergency Management Agency funds intended to pay for disaster mitigating projects, a Massachusetts federal judge ruled Thursday, describing the case as an "unlawful executive encroachment on the prerogative of Congress to appropriate funds" for specific purposes.
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December 11, 2025
Judge Slams Eaton Expert For Offering Legal Analysis
A report submitted by one of Eaton's expert witnesses in its acquisition financing trial overstepped the limits of an expert's role, offering legal rather than economic analysis and seeming to advocate for the company, a U.S. Tax Court judge said Thursday.
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December 11, 2025
Solaris Energy Top Brass Sued Over Turbine Co. Acquisition
The top brass of Solaris Energy Infrastructure have been hit with an investor derivative suit in Texas federal court alleging they failed to disclose that a turbine leasing company Solaris acquired lacked the "track record" that it was touted to have, had only one client, and that its owner had a history of "turbine-related fraud," among other things.
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December 11, 2025
Natural Gas Tax Nixed For Wash. Silicon Maker On Appeal
A Washington state maker of silicon materials used in solar semiconductors qualified for a tax exemption for natural gas purchased for use in its manufacturing process, an appeals court said Thursday, reversing a state board.
Expert Analysis
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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.
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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.