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Energy
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August 22, 2025
Marathon Petroleum Cos. Near Final OK On $7M Wage Deal
A California federal judge on Friday said he'd grant final approval to a $7.2 million deal by Marathon Petroleum and two related companies to resolve a 2,200-member class action accusing the oil refiners of shorting unionized workers on rest breaks and pay.
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August 22, 2025
Pillsbury Hires Renewable Energy Pro From Holland & Knight
The former co-head of Holland & Knight LLP's renewable energy team has joined Pillsbury Winthrop Shaw Pittman LLP as a partner in New York.
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August 22, 2025
IRS Guidance Sparks Mixed Reaction For Solar, Wind Projects
The IRS recently narrowed the way large solar and wind energy development projects can set their construction start dates to qualify for certain tax credits, a change offering relief for some developers but new hurdles for others depending on the stage, type and size of the project.
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August 22, 2025
BBK Taps Gov't Affairs Director From Interior Leadership
Best Best & Krieger LLP has hired a U.S. Department of the Interior leader who helped advance drought resilience plans and advise the agency's secretary on water and science policy as the new director of its government affairs group, the firm announced.
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August 22, 2025
4 Firms Advise On $5.7B Cenovus-MEG Energy Deal
Cenovus Energy said Friday it will buy rival Canadian oil sands producer MEG Energy in a cash-and-stock deal valued at CA$7.9 billion ($5.7 billion), including debt, as it looks to consolidate operations in the Christina Lake region of northeast Alberta and beats out a competing bid from Strathcona Resources.
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August 21, 2025
Biz Groups Appeal Calif. Climate Reporting Ruling To 9th Circ.
The U.S. Chamber of Commerce and other business groups have appealed a court order rejecting their bid to block new California state regulations requiring large companies to publicly disclose their greenhouse gas emissions and climate-related financial risks that they claim violate their First Amendment rights.
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August 21, 2025
Consumer Advocates Blast FERC Inaction On Power Auction
Consumer advocates and municipal utilities have told the D.C. Circuit that the Federal Energy Regulatory Commission can't use a Third Circuit ruling to claim it is powerless to prevent the rerunning of a flawed electricity capacity auction that overcharged consumers by $183 million.
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August 21, 2025
NC Senator Says Whirlpool Rigged TED Talk For Ad Campaign
Sen. DeAndrea Salvador, a Norh Carolina Democrat, accused appliance manufacturer Whirlpool Corp. of using manipulated portions of her old TED Talk on energy affordability to burnish its international ad campaign, according to a lawsuit filed Wednesday in North Carolina federal court.
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August 21, 2025
Omni Bridgeway Looks To Enforce $13M Albania Award
Litigation funder Omni Bridgeway is urging a D.C. federal court to let it seize assets belonging to Albania as it looks to enforce an arbitral award now worth some $13 million that the country has ignored for years, in a nearly decade-old dispute stemming from taxes on oilfield projects.
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August 21, 2025
9th Circ. Rejects Rehearing On Alaskan Willow Oil Project
A Ninth Circuit panel won't undo its ruling to uphold the federal government's decision to only move forward with alternative versions of the ConocoPhillips Willow project that strayed from its original plans and that Alaskan Native and environmental advocacy groups say will result in full development of the Arctic oil reservoir.
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August 21, 2025
Trump Urges DC Circ. Not To Review Its Foreign Aid Decision
The Trump administration is urging the D.C. Circuit to leave its panel's split decision that nonprofits can't force the government to release foreign aid in place, arguing that full en banc review is unnecessary and that private enforcement of the Impoundment Control Act would run afoul of the law.
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August 21, 2025
Nikola Ch. 11 Plan Ignores Trump Pardon, Founder Says
Trevor Milton, the founder and former CEO of electric-truck maker Nikola who was convicted of securities fraud, has asked the Delaware bankruptcy court not to allow the company to subordinate his $69 million claim, saying its Chapter 11 plan doesn't accurately account for the full presidential pardon he received earlier this year.
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August 21, 2025
EU, US Agree To Eliminate Industrial Tariffs
The European Union and the U.S. have agreed on new terms to the trade agreement to eliminate EU tariffs on U.S. industrial products and implement a 15% U.S. tariff cap for most other sectors, according to a joint statement issued Thursday.
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August 21, 2025
HHS Wants Out Of Unions' Suit Over Layoffs, Agency Cuts
The Department of Health and Human Services fought back against amended claims from several unions over layoff notices and the alleged dismantling of an agency focused on worker safety, telling a D.C. federal judge that the unions are pursuing "judicial overreach" in their suit.
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August 21, 2025
Ill. AG 'Deputized' Firms To Go After Power Cos., Suit Says
Two retail power suppliers have asked a federal judge to block enforcement actions taken by Illinois Attorney General Kwame Raoul, claiming his office has unconstitutionally deputized plaintiffs law firms to pursue consumer fraud enforcement cases against the industry.
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August 21, 2025
Feds Extend Mich. Coal Plant Order Amid Court Fight
The U.S. Department of Energy has renewed an order keeping a Michigan power plant open past its retirement date for another three months, as the government faces court challenges to its exercise of emergency powers.
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August 21, 2025
Foundry Exec Says Hong Kong Partner Took $1.3M By Fraud
A Pennsylvania consultant and foundry executive claims he was fooled into sending his Hong Kong business partner $1.3 million from the sale of a machine shop, then pushed out of their joint venture without being repaid, according to a lawsuit filed in state court Wednesday.
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August 20, 2025
Mining Co. Says Guinea Must Submit To Arbitration
A mining company owned by Indian billionaire Pankaj Oswal is urging a New York federal court to order the Republic of Guinea to arbitrate a dispute that arose after the country suddenly yanked the company's permit for a bauxite mine earlier this year.
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August 20, 2025
Wash. Seeks To Stop NOAA's Climate Change Grant Cuts
The state of Washington is urging a Seattle federal judge to save more than $9.3 million in climate change resiliency funding that it claims is "on the chopping block" as the Trump administration moves to eliminate programming to promote environmental justice and reduce carbon emissions.
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August 20, 2025
Texas Judge Keeps Intact Suit Alleging Anadarko Busted Well
A Texas federal judge kept intact a suit brought by W&T Energy VI LLC claiming Anadarko Petroleum Corp. improperly operated equipment on an offshore oil and gas well and then lied about the damages, saying Wednesday that W&T adequately alleged its claims.
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August 20, 2025
7th Circ. Backs JPMorgan Traders' Fraud, Spoofing Convictions
The Seventh Circuit on Wednesday refused to throw out the convictions of three former JPMorgan traders for manipulating the market with fake orders for precious metals, saying there was "ample evidence" backing the jury's verdicts and that a recent U.S. Supreme Court decision doomed one of their key arguments on appeal.
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August 20, 2025
4th Circ. Upholds Class Cert. In EQT Gas Royalty Fight
The Fourth Circuit on Wednesday affirmed a lower court's certification of a class of West Virginia landowners in their suit accusing energy company EQT Corp. of having shorted them on payments for natural gas royalties.
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August 20, 2025
Investors Pan FirstEnergy's 'Unprecedented' Discovery Appeal
A group of FirstEnergy Corp. investors is urging the Sixth Circuit not to hear a dispute over their access to internal investigation documents produced in the wake of a $1 billion bribery scandal, saying the documents weren't privileged and that granting the appeal would be "unprecedented."
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August 20, 2025
WR Grace Beats Rival's False Ad, Patent Claims
A Maryland federal judge has ruled in favor of chemical supplier W.R. Grace on one Lanham Act false advertising claim that competitor GW Aru LLC brought against Grace over disparaging claims it made about GWA in advertisements, finding that while Grace's actions might not have been commendable, GWA hadn't shown it suffered monetary harm as a result.
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August 20, 2025
5th Circ. Won't Stick BP, Chevron With $11M Well Cleanup Bill
A Fifth Circuit panel has affirmed a lower court decision dismissing a surety company's lawsuit claiming BP and Chevron need to pony up $11 million to pay for offshore decommissioning costs, saying the insurer wasn't entitled to be reimbursed.
Expert Analysis
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DOE Grant Recipients Facing Termination Have Legal Options
Federal grant recipients whose awards have recently been rescinded by the U.S. Deparment of Energy have options for successfully challenging those terminations through litigation, say attorneys at Bracewell.
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Attacks On Judicial Independence Tend To Manifest In 3 Ways
Attacks on judicial independence now run the gamut from gross (bald-faced interference) to systemic (structural changes) to insidious (efforts to undermine public trust), so lawyers, judges and the public must recognize the fateful moment in which we live and defend the rule of law every day, says Jim Moliterno at Washington and Lee University.
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A Look At Texas Corp. Law Changes Aimed At Dethroning Del.
Seeking to displace Delaware as the preferred locale for incorporation, Texas recently significantly amended its business code, including changes like codifying the business judgment rule, restricting books and records demands, and giving greater protections for officers and directors in interested transactions, say attorneys at Fenwick.
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Justices Hand Agencies Broad Discretion In NEPA Review
By limiting the required scope of reviews under the National Environmental Policy Act, the U.S. Supreme Court's recent ruling in Seven County Infrastructure Coalition v. Eagle County could weaken the review process under NEPA, while also raising questions regarding the degree of deference afforded to agencies, say attorneys at Foley Hoag.
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Series
Law School's Missed Lessons: Appreciating Civil Procedure
If you’re like me, law school’s often complex and theoretical approach to teaching civil procedure may have contributed to an early struggle with the topic, but when seen from a practical perspective, new lawyers may find they enjoy mastering these rules, says Chloe Villagomez at Foster Garvey.
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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.