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Energy
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September 08, 2025
NC High Court Snapshot: Pot Smell Test, Atty's Divorce Feud
North Carolina's top court will return from its summer hiatus in September to address whether law enforcement can rely on the smell of marijuana alone in the age of legalized hemp to justify a warrantless search. Here are some highlights of the high court's September lineup.
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September 08, 2025
Idaho Developer Looks To Defend $2B Gold Mine Project
The developer of a proposed $2 billion Idaho gold mine wants to intervene in a tribe's challenge that looks to block the project, saying it has already invested more than $400 million in the endeavor and has an interest in developing and moving the effort forward without delay.
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September 08, 2025
Greek Pipe Co.'s Data Gaps Merit Tariff Hike, Fed. Circ. Says
Tariffs against Greek pipe importers will stay in place, the Federal Circuit found Monday, affirming a U.S. Court of International Trade holding that the companies submitted deficient financial data, requiring the U.S. Department of Commerce to fill in certain information gaps when calculating the duties.
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September 08, 2025
Lawmakers Push To Finalize Tribal Water Rights Settlements
A bipartisan group of lawmakers is urging congressional leaders to make a move on several tribal water rights settlement bills that are pending before the U.S. Senate, saying that doing so will prevent costly litigation and ensure tribes and others have access to water.
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September 08, 2025
Steptoe & Johnson Adds Olympus Energy Atty In Pittsburgh
Steptoe & Johnson PLLC has grown its Pittsburgh office with the addition of a senior counsel from oil and natural gas company Olympus Energy LLC.
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September 05, 2025
DC Circ. Won't Halt Order Releasing Billions In Foreign Aid
Both a divided D.C. Circuit panel and a district court judge Friday refused to hit pause on the judge's recent order requiring the Trump administration to release billions of dollars in frozen foreign aid.
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September 05, 2025
8th Circ. Vacates Biden-Era, Updated EV Fuel Economy Rules
The Eighth Circuit Friday vacated the U.S. Department of Energy's updated method of calculating the fuel economy equivalent estimates for electric vehicles, finding that the DOE didn't have the authority to enact the 2024 rule, nor did it comply with the Administrative Procedures Act.
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September 05, 2025
Stewart Tackles Markets, Injunctions In Newest PTAB Reviews
Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart released 14 institution decisions in the last week, providing more insight on the scope of settled expectations and the impact of a district court preliminary injunction.
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September 05, 2025
Trump Admin Says Enviro Groups Can't Block GHG Report
The Trump administration has told a Massachusetts federal judge that a lawsuit challenging its formation of a climate change science advisory panel is a misguided ploy to undermine the U.S. Environmental Protection Agency's impending reconsideration of the harms of greenhouse gases.
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September 05, 2025
Nix Doc Bid In Colombian Natural Gas Fight, Fla. Court Told
An energy trader is urging a Florida federal court to protect its confidential business information as it pursues a more than $400 million arbitration in Colombia against units of Canadian natural gas company Canacol Energy Ltd., accusing the companies of improperly trying to use a U.S. foreign discovery statute.
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September 05, 2025
3rd Circ. Affirms Feds' Primacy Over Pa. Grid Project
The Third Circuit ruled in a precedential decision on Friday that the Pennsylvania Public Utility Commission's blocking of a transmission line project in the state was unconstitutional because it hampered federal objectives, affirming a lower court's ruling that the commission lacked the authority to halt construction.
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September 05, 2025
Miner Must Show Why Chuckwalla Suit Belongs In Mich.
A Michigan federal judge has ordered a Michigan resident challenging the Chuckwalla National Monument's protected status to show why the lawsuit should remain in the Great Lakes State, suggesting that the case seems to fit better in California where the vast desert acreage is located.
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September 05, 2025
Fed. Circ. Backs PTAB Axing CAO Lighting Patent Claims
The Federal Circuit on Friday signed off on Patent Trial and Appeal Board decisions that invalidated various claims in a pair of LED patents, mostly handing a win to challengers like General Electric Co. and semiconductor company Wolfspeed Inc.
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September 05, 2025
Paris-Based SPAC Joins US Pipeline Targeting $100M Listing
Greenberg Traurig LLP will lead a Paris-based blank check company's planned $100 million initial public offering targeting a diverse portfolio of U.S. companies, according to the special purpose acquisition company on Friday.
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September 05, 2025
India Will Buy Russian Oil Despite US Tariff, Minister Says
India will continue to buy oil from Russia even though President Donald Trump imposed an additional 25% tariff on the country's goods in connection with the purchases, the country's finance minister said Friday.
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September 05, 2025
475 Detained In Immigration Raid At Georgia Hyundai Plant
U.S. immigration authorities detained 475 people during a raid on a Hyundai manufacturing site in Georgia, a Homeland Security official said at a news conference on Friday.
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September 05, 2025
8th Circ. Won't Revisit Crop Damage Arbitration Fight
The Eighth Circuit has ruled that the existence of arbitration agreements for some farmland owners, who are suing over depressed crop yields in the aftermath of an Alliance Pipeline project, does not amount to grounds for the appeals court to review a decision reviving proceedings.
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September 05, 2025
How A 'Risky' Move Fueled Kobre & Kim's Win Over Phillips 66
In the trial over Propel Fuels' claims that Phillips 66 stole trade secrets during due diligence for an acquisition, Kobre & Kim switched up standard witness order and convinced a jury to award $605 million.
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September 05, 2025
DC Circ. Revives Emergency Defense Rule For Air Polluters
The D.C. Circuit on Friday restored air pollution-emitting facilities' right to defend themselves against alleged violations of the Clean Air Act by blaming emergency circumstances, finding that the U.S. Environmental Protection Agency's attempt to ban the practice was unlawful.
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September 05, 2025
Ørsted Investors Back $9.4B Rights Issue After US Order
Ørsted AS said Friday that its shareholders have thrown their weight behind a 60 billion Danish kroner ($9.4 billion) rights issue, amid a legal battle against an order from the Trump administration to stop work on an offshore wind farm.
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September 04, 2025
Feds Seek Stay On Court Order Releasing Foreign Aid Billions
The Trump administration urged the D.C. Circuit on Thursday to stay a federal judge's order that it release billions in frozen foreign aid pending its appeal, saying the disbursement will likely be "impossible" to recover according to the international aid organization plaintiffs' "own description of their financial condition."
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September 04, 2025
Asset Manager Seeks OK Of $53M Mexican Bank Award
An asset management firm has urged a New York federal court to enforce a more than $53 million arbitral award it won in a dispute over management fees due under a trust agreement with a Banamex unit.
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September 04, 2025
Chevron, Exxon Kick Off High Court La. Pollution Case
Chevron and Exxon Mobil Corp. on Thursday asked the U.S. Supreme Court to overturn the Fifth Circuit's ruling that Louisiana state court, not federal court, is the proper venue for claims that their World War II-era oil production activities violated state law.
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September 04, 2025
Enbridge Asks High Court To Reverse Pipeline Remand Ruling
Enbridge Energy has pushed the U.S. Supreme Court to reverse a Sixth Circuit decision saying the company missed a deadline to transfer to federal court a suit by Michigan's attorney general seeking to block a pipeline, arguing the attorney general failed to show the removal process was untimely.
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September 04, 2025
EPA Touts 'Ambitious' New Deregulatory Agenda
The U.S. Environmental Protection Agency on Thursday laid out its regulatory agenda for the coming months, and said it intends to revisit or roll back Biden-era initiatives in several areas, including water, climate change and chemical regulations.
Expert Analysis
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Opinion
The Legal Education Status Quo Is No Longer Tenable
As underscored by the fallout from California’s February bar exam, legal education and licensure are tethered to outdated systems, and the industry must implement several key reforms to remain relevant and responsive to 21st century legal needs, says Matthew Nehmer at The Colleges of Law.
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E-Discovery Quarterly: Rulings On Relevance Redactions
In recent cases addressing redactions that parties sought to apply based on the relevance of information — as opposed to considerations of privilege — courts have generally limited a party’s ability to withhold nonresponsive or irrelevant material, providing a few lessons for discovery strategy, say attorneys at Sidley.
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Opinion
9th Circ. Customs Fraud Ruling Is Good For US Trade
In an era rife with international trade disputes and tariff-evasion schemes that cost billions annually, the Ninth Circuit's recent decision in Island Industries v. Sigma is a major step forward for trade enforcement and for whistleblowers who can expose customs fraud, say attorneys at Singleton Schreiber.
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Opinion
Section 1983 Has Promise After End Of Nationwide Injunctions
After the U.S. Supreme Court recently struck down the practice of nationwide injunctions in Trump v. Casa, Section 1983 civil rights suits can provide a better pathway to hold the government accountable — but this will require reforms to qualified immunity, says Marc Levin at the Council on Criminal Justice.
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Trump's 2nd Term Puts Merger Remedies Back On The Table
In contrast with the Biden administration, the second Trump administration has signaled a renewed willingness to resolve merger enforcement concerns through remedies from the outset, particularly when the proposed fix is structural, clearly addresses the harm and does not require burdensome oversight, say attorneys at Cooley.
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What EPA Chemical Data Deadline Extension Means For Cos.
The U.S. Environmental Protection Agency's extension for manufacturers and importers of 16 chemical substances to report unpublished health and safety studies under the Toxic Substances Control Act could lead to state regulators stepping into the breach, while creating compliance risks and uncertainty for companies, say attorneys at Holland & Knight.
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Series
Playing Soccer Makes Me A Better Lawyer
Soccer has become a key contributor to how I approach my work, and the lessons I’ve learned on the pitch about leadership, adaptability, resilience and communication make me better at what I do every day in my legal career, says Whitney O’Byrne at MoFo.
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Series
Law School's Missed Lessons: Learning From Failure
While law school often focuses on the importance of precision, correctness and perfection, mistakes are inevitable in real-world practice — but failure is not the opposite of progress, and real talent comes from the ability to recover, rethink and reshape, says Brooke Pauley at Tucker Ellis.
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How Justices' Ruling On NEPA Reviews Is Playing Out
Since the U.S. Supreme Court's May decision in Seven County Infrastructure Coalition v. Eagle County, narrowing the scope of agencies' required reviews under the National Environmental Policy Act, the effects of the ruling are starting to become visible in the actions of lower courts and the agencies themselves, say attorneys at Saul Ewing.
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Deep-Sea Mining Outlook Murky, But May Be Getting Clearer
U.S. companies interested in accessing deep-sea mineral resources face uncertainty over new federal regulations and how U.S. policy may interact with pending international agreements — but a Trump administration executive order and provisions of the One Big Beautiful Bill Act should help bring clarity, say attorneys at Holland & Knight.
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AI Infrastructure Growth Brings Unique IP Considerations
The explosive rise of artificial intelligence has triggered an equally dramatic transformation in the supporting infrastructure required to meet growing AI demand, and the technology used in these data centers has its own intellectual property considerations to navigate, says Vincent Allen at Carstens Allen.
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Series
Adapting To Private Practice: From ATF Director To BigLaw
As a two-time boomerang partner, returning to BigLaw after stints as a U.S. attorney and the director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, people ask me how I know when to move on, but there’s no single answer — just clearly set your priorities, says Steven Dettelbach at BakerHostetler.
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Tips For US Investors Eyeing Middle East Data Centers
While Middle East data center investment presents a compelling opportunity in light of renewed U.S.-Gulf cooperation on artificial intelligence and critical technologies, these projects require a nuanced understanding of regional legal and regulatory regimes, says Haykel Hajjaji at Covington.
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New DOJ Penalty Policy Could Spell Trouble For Cos.
In light of the U.S. Department of Justice’s recently published guidance making victim relief a core condition of coordinated resolution crediting, companies facing parallel investigations must carefully calibrate their negotiation strategies to minimize the risk of duplicative penalties, say attorneys at Debevoise.
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Clean Energy Tax Changes Cut Timelines, Add Red Tape
With its dramatic changes to energy tax credits, the One Big Beautiful Bill Act will reshape project financing and investment planning — and wind and solar developers, especially those in the early stages of projects, face stricter timelines and heightened compliance challenges, says Dan Ruth at Balch & Bingham.