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Energy
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June 12, 2025
Review Ordered For Alaska Gold Mine As Permits Kept Alive
An Alaska federal judge isn't revoking key permits for a proposed gold mine in the state's Yukon–Kuskokwim region despite finding legal flaws in an environmental review, but she has ordered government agencies to reassess the risks of a catastrophic tailings spill while construction remains paused.
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June 12, 2025
Calif. Sues Trump Over 'Wildly Partisan' EV Waiver Repeal
The California attorney general and 10 other states sued the Trump administration in federal court Thursday, minutes after President Donald Trump signed resolutions repealing California's Clean Air Act waiver that allowed the state to establish its own vehicle emissions standards, slamming the resolutions as unconstitutional, irrational and "wildly partisan."
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June 12, 2025
Construction Co. Beats Gas Pipeline Explosion Injury Suit
A Texas appeals court said Wednesday that a construction company could escape a negligence suit from a worker injured in a 2018 pipeline explosion, ruling that the man hadn't shown his injuries were a foreseeable result of construction activities.
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June 12, 2025
China Agrees To Loosen Rare Earth Restrictions, US Says
Chinese trade negotiators have agreed to lift export controls on rare-earth elements in exchange for the U.S. walking back a campaign to revoke visas for Chinese students, according to statements by U.S. officials, which experts said leave key issues unresolved.
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June 12, 2025
Reed Smith Pushes For 2nd Circ. Stay In $102M Award Fight
Still seeking to represent prebankruptcy owners of international shipping company Eletson Holdings Inc., Reed Smith LLP has asked the Second Circuit to stay a bankruptcy proceeding and a district court action, arguing the reorganized Eletson, now allegedly under common control with a former adversary, has launched a "calculated effort" to seize the company's privileged client information.
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June 12, 2025
Grand Jury Indicts Florida Man For Fuel Purchase Scheme
A Miami grand jury indicted a South Florida man on wire fraud, forgery and money laundering charges for allegedly defrauding the U.S. government out of millions of dollars for phony fees and expenses associated with fuel orders, federal prosecutors said Wednesday.
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June 12, 2025
Lewis Brisbois Lands 5-Atty Dickie McCamey Team In Pa.
Lewis Brisbois Bisgaard & Smith LLP strengthened its resources for energy, oil and gas clients with the recent addition to its Pittsburgh office of a five-attorney team who moved from Dickie McCamey & Chilcote PC.
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June 12, 2025
Ex-Interior Secretary Salazar On 'Coming Home' To WilmerHale
Former U.S. Sen. Ken Salazar of Colorado, who served as secretary of the U.S. Department of the Interior during the Obama administration and most recently as ambassador to Mexico during the Biden administration, returned this month to WilmerHale's Denver office, which he founded in 2014.
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June 11, 2025
4th Circ. Urged To Rethink Block On Federal Grant Restoration
A group of nonprofits and cities asked the Fourth Circuit to reconsider its decision blocking an order that restored 32 congressionally funded grants frozen by the Trump administration, arguing Tuesday that the circuit's approach "would enable the Executive Branch to evade judicial review and unconstitutional actions to go unchecked."
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June 11, 2025
Judge Sides With Feds In Suit Over NJ Wind Farm Approvals
A New Jersey federal judge on Wednesday rejected a revised attempt by an advocacy group to block a set of federal approvals allowing incidental harm to marine life during work on offshore wind projects, finding the group's president failed to show how he was harmed by the approvals.
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June 11, 2025
Russia Must Face $5B Yukos Award Suit, DC Judge Rules
At D.C. federal judge on Wednesday denied Russia's bid to nix litigation filed by the financing arm of Yukos Oil Co. to enforce a nearly $5 billion arbitral award, saying the Kremlin's jurisdictional objections fell short.
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June 11, 2025
EPA Floats Takedown Of Biden GHG, Mercury Emissions Regs
The U.S. Environmental Protection Agency on Wednesday said that the nation's power sector's greenhouse gas emissions don't significantly endanger people's health, and that therefore, the Clean Air Act doesn't allow regulations aimed at reducing those releases.
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June 11, 2025
Chubb Unit Underpaid Hydroelectric Plant Losses, Suit Says
A Chubb unit underpaid a renewable energy plant operator for losses sustained after several water flow barriers malfunctioned, the assignee of the operator told a New York federal court, saying the insurer paid less than half of the $5.6 million it owed.
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June 11, 2025
Trump DOJ Clears Path To Shrink Or Abolish Nat'l Monuments
National monuments protected by past U.S. presidents can be abolished or made smaller by President Donald Trump, according to an opinion from the Department of Justice's Office of Legal Counsel.
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June 11, 2025
Denver Appeals Decision Limiting Dam's Expansion
The City and County of Denver has asked the Tenth Circuit to review a lower court decision that barred its municipal water utility from fully completing a hydroelectric dam expansion project.
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June 11, 2025
Vedder Price Boosts IP, Exec Compensation Teams In NY
Vedder Price PC has bulked up its New York office with the addition of an intellectual property attorney from Vinson & Elkins LLP and an executive compensation and employee benefits pro from Schulte Roth & Zabel LLP.
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June 11, 2025
Trade Groups Revive Suit Over Colo., Denver Efficiency Rules
A collection of trade groups renewed their arguments in Colorado federal court against rules set by the state and city of Denver establishing energy efficiency standards for buildings and limiting the use of natural gas appliances after the policies underwent a recent revision.
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June 10, 2025
UK Refiner Wins A Round In $200M EU Energy Tax Dispute
An international tribunal has ruled that a British oil refiner's claim challenging a €175 million ($200 million) windfall tax in Europe will proceed without bifurcation, concluding that jurisdictional objections lodged by Germany, Denmark and the European Union should be weighed concurrently with the merits.
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June 10, 2025
Yukos Says $5B Russia Award Suit Must Proceed
Yukos Oil Co.'s financing arm has told a D.C. federal court that a recent U.S. Supreme Court decision rejecting the Ninth Circuit's outlier interpretation of a jurisdictional question moots Russia's request that the court pause enforcement of a $5 billion arbitral award against the country.
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June 10, 2025
Jury Awards $28M In Latest PacifiCorp Wildfire Trial
Oregonians, including a photographer and a charter boat operator, were awarded $27.97 million in noneconomic damages in the latest trial against utility PacifiCorp over wildfire damage, much less than the amount requested for the 10 plaintiffs.
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June 10, 2025
Mazda Driver Says Emissions Claims Distinct From Calif. Case
A North Carolina federal judge didn't fairly consider how a Mazda driver's claims of excessive emissions in the state were distinct from a California matter that ended in a settlement he didn't opt out of, the driver argued in a motion to revive the case.
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June 10, 2025
Power Co. Asks Justices To Settle Split In Tribal Tax Dispute
Arizona courts were wrong to rule that an energy company located on tribal land is subject to property taxes, the company told the U.S. Supreme Court on Tuesday, urging it to address an "intolerable" state-federal split.
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June 10, 2025
Trump Wind Farm Pause Has Stalled Projects, Judge Hears
A coalition of blue states and industry advocates told a federal judge on Tuesday that the recent mothballing of a New Jersey offshore wind project exemplifies the damage being inflicted by the Trump administration's unlawful decision to pause wind farm permitting.
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June 10, 2025
Green Energy Battery Co. Files Ch. 11 With Sale, Spinoff Plans
A company that manufactures batteries for green energy projects sought Chapter 11 protection in New Jersey bankruptcy court Tuesday, saying it is planning a spinoff and a sale to deal with its $325 million in debt, and citing an "untenable" liquidity situation and claims asserted by unhappy customers.
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June 10, 2025
GrafTech Brass Face Derivative Suit Over Enviro Disclosures
A GrafTech International shareholder has sued the electrode-maker's top brass in Ohio federal court over their alleged long-running cover-up of the company's environmental contamination in Monterrey, Mexico.
Expert Analysis
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What Cos. Should Know About U.S. Minerals Executive Order
President Donald Trump's new executive order aimed at boosting U.S. mineral production faces challenges including land use and environmental regulations, a lack of new funding, and the need for coordination among federal agencies, but it provides industry stakeholders with multiple opportunities to influence policy and funding, say advisers at Holland & Knight.
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How The ESG Investing Rule Survived Loper Bright, For Now
A Texas federal court's recent decision in Utah v. Micone upholding the U.S. Department of Labor's 2022 ESG investing rule highlights how regulations can withstand the post-Loper Bright landscape when an agency's interpretation of its statutorily determined boundaries is not granted deference, say attorneys at Miller & Chevalier.
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Series
Adapting To Private Practice: From DOJ Leadership To BigLaw
The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.
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Issues To Watch At ABA's Antitrust Spring Meeting
Attorneys at Freshfields consider the future of antitrust law and competition enforcement amid agency leadership changes and other emerging developments likely to dominate discussion at the American Bar Association's Antitrust Spring Meeting this week.
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Nev. Fraud Ruling Raises Stakes For Proxy Battles
Though a Nevada federal court’s recent U.S. v. Boruchowitz decision involved unusual facts, the court's ruling that board members can be defrauded of their seat through misrepresentations increases fraud risks in more typical circumstances involving board elections, especially proxy fights, say attorneys at ArentFox Schiff.
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Law Firm Executive Orders Create A Legal Ethics Minefield
Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.
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5 Steps To Promote Durable, Pro-Industry Environmental Regs
The U.S. Environmental Protection Agency's planned wave of deregulation will require lengthy reviews, and could be undone by legal challenges and future changes of administration — but industry involvement in rulemaking, litigation, trade associations, and state and federal legislation can help ensure favorable and long-lasting regulatory policies, say attorneys at Balch & Bingham.
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Trade Policy Shifts Raise Hurdles For Gov't And Cos. Alike
The persistent tension between the Trump administration's fast-moving and aggressive trade policies and the compliance-heavy nature of the trade industry creates implementation challenges for both the business community and the government, says Sara Schoenfeld at Kamerman.
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Firms Must Embrace Alternative Billing Models Or Fall Behind
As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.
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Key Insurance Issues Likely To Arise From NY Superfund Law
The recently enacted New York Climate Change Superfund Act imposes a massive $75 billion in liabilities on energy companies in the fossil fuel industry, which can be expected to look to their insurers for coverage, raising a slew of coverage issues both old and new, say attorneys at Wiley.
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How Trump Policies Are Affecting The Right To Repair
Recent policy changes by the second Trump administration — ranging from deregulatory initiatives to tariff increases — are likely to have both positive and negative effects on the ability of independent repair shops and individual consumers to exercise their right to repair electronic devices, say attorneys at Carter Ledyard.
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How Attorneys Can Master The Art Of On-Camera Presence
As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.
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Series
Baseball Fantasy Camp Makes Me A Better Lawyer
With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.
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DOJ Immigration Playbook May Take Cues From A 2017 Case
A record criminal resolution with a tree trimming company accused of knowingly employing unauthorized workers in 2017 may provide clues as to how the U.S. Department of Justice’s immigration crackdown will touch American companies, which should prepare now for potential enforcement actions, says Jonathan Porter at Husch Blackwell.
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NM Case Shows Power Of Environmental Public Nuisance Law
A recent ruling from a New Mexico appeals court finding that a pattern of environmental violations, even without any substantial impact on a nearby community, can trigger nuisance liability — including potential damages and injunctive relief — has important implications for regulated entities in the state, says Kaleb Brooks at Spencer Fane.