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Energy
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November 10, 2025
Holtec Defends Suit Over Alleged Scheme Involving Ex-GC
Energy technology company Holtec International urged a New Jersey state court to reject motions to dismiss a lawsuit accusing its former general counsel and others of taking part in an embezzlement scheme, calling their efforts "misguided attempts" to attack its complaint.
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November 10, 2025
Insurer Says $4M Excess Policy Excludes Oil Tanker Collision
An excess insurer for a fuel and chemical transportation company told a Utah federal court it should owe no coverage for an oil tanker collision and resultant crude oil cleanup costs, pointing to what is known as a total pollution exclusion.
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November 10, 2025
Wis. Bill Seeks Sales, Income Tax Breaks For Nuclear Energy
Wisconsin would establish a sales and use tax exemption and an income and franchise tax credit for nuclear energy facilities under a bill introduced in the state Assembly.
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November 10, 2025
Justices Won't Hear Ex-Energy Exec's Insider Trading Appeal
The U.S. Supreme Court declined Monday to consider arguments from a former executive of a Texas energy company that his insider-trading and fraud convictions were based on unconstitutionally vague statutes and violate the separation-of-powers doctrine.
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November 10, 2025
Justices Refuse To Review FERC Revocation Of Grid Perk
The U.S. Supreme Court on Monday refused to review a Sixth Circuit ruling that backed the Federal Energy Regulatory Commission's revocation of an incentive for power companies that are required to be members of a regional transmission organization.
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November 07, 2025
Eaton Should Have Weighed Borrowing In Europe, Judge Says
When it acquired Ireland-based Cooper Industries in 2012, Eaton Corp. should have considered the costs of borrowing in Europe to finance the transaction, Tax Court Judge Albert Lauber said Friday in questioning a former Eaton official.
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November 07, 2025
Justices Cast Constitutional Clouds Over Trump's Tariffs
Several U.S. Supreme Court justices appeared skeptical of the government's arguments seeking to salvage President Donald Trump's emergency tariffs, signaling that the high court may come down with a ruling that reinforces Congress' constitutional authority to impose tariffs.
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November 07, 2025
NY, NJ Approve Pipeline Project In CWA Permitting About-Face
New York and New Jersey environmental regulators on Friday issued Clean Water Act permits for a controversial Williams Cos. pipeline upgrade project, five years after they denied the permits over pollution concerns.
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November 07, 2025
Insurer Escapes Gas Station Row Over Shooting By Employee
A gas company's insurer owed no coverage for a suit brought by a customer who was attacked and shot by an employee, an Indiana federal court ruled, saying the suit was not an occurrence under the policy.
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November 07, 2025
New Govs. Will Keep Heat On Grid Operator Over Power Costs
The nation's largest regional grid operator, which has come under fire for limiting state involvement in its policymaking, will continue to face pressure following the election victories of New Jersey and Virginia governors who campaigned on lowering utility bills.
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November 07, 2025
Alaskan Tribes Demand Halt To Canada Mining Permits
Alaskan native tribes are pushing government officials in British Columbia, Canada, to halt progress on mining projects in the headwaters of rivers the tribes say they rely on until they are consulted.
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November 07, 2025
BNP Wants Plaintiffs Attys At Sudan Suit Misconduct Hearing
BNP Paribas has asked a New York federal judge to compel several plaintiffs' lawyers, including the eponymous founder of Hausfeld LLP, to testify at an upcoming hearing on withdrawn allegations of misconduct by their co-counsel, following a $20 million jury verdict against BNP in a suit brought by refugees accusing the bank of helping finance atrocities in Sudan.
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November 07, 2025
Entergy Promotes Deputy GC To Replace Retiring Top Atty
New Orleans-based energy company Entergy Corp. has begun making preparations following the announcement that its top in-house attorney will depart in the spring, elevating its current deputy general counsel to the position.
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November 07, 2025
Taxation With Representation: Kirkland, Cravath, Paul Weiss
In this week's Taxation With Representation, consumer products giant Kimberly-Clark acquires Tylenol maker Kenvue, shale producers SM Energy and Civitas Resources announce a merger, and power management company Eaton buys Boyd Corp.'s thermal business.
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November 07, 2025
Solar Co. Pine Gate Hits Ch. 11 With $1B+ Debt, Sale Plan
Solar energy developer Pine Gate Renewables has filed for Chapter 11 protection in a Texas bankruptcy court with more than $1 billion in debt and a plan to sell its business during the case.
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November 06, 2025
Mining Co. Can't DQ Arbitrator In $400M Panama Claim
Members of an international tribunal adjudicating a $400 million claim against Panama asserted by Orla Mining Ltd. have rejected the mining company's bid to disqualify tribunal president Yves Derains due to his professional ties with part of the legal team representing Panama.
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November 06, 2025
6th Circ. Won't Rethink FirstEnergy Bribe Probe Docs Ruling
The Sixth Circuit said Thursday it would not reconsider a ruling blocking FirstEnergy investors from accessing documents prepared by BigLaw firms investigating the company's $1 billion bribery scandal, and clarified that the decision also applies to depositions taken in the proposed class action.
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November 06, 2025
Fossil Fuel Industry Wants Broader Suing Powers In USMCA
Oil and gas industry groups have asked the Office of the U.S. Trade Representative to broaden the ability of foreign investors to sue governments in the U.S.-Mexico-Canada Agreement during an upcoming joint review.
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November 06, 2025
Tribes, Activists Slam Plan To End Park Drilling Protections
Tribal and environmental groups are decrying a Trump administration decision to begin revoking a 20-year ban on future oil and gas drilling within 10 miles of New Mexico's Chaco Culture National Historical Park, saying the mining activity will have a devastating impact on the land's health.
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November 06, 2025
SD Tribe Says Time Is Right To Fight Dakota Access Pipeline
The Standing Rock Sioux Tribe is asking the D.C. Circuit to reverse a lower court's order dismissing its challenge that looked to shut down the Dakota Access Pipeline, telling the court it is presenting a live, justiciable controversy regarding the federal government's failure to fulfill mandatory statutory obligations.
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November 06, 2025
Troutman Adds Transactions Pro From Kirkland In NY
Troutman Pepper Locke LLP has expanded its energy transactional practice group in New York with a private equity and mergers and acquisitions attorney from Kirkland & Ellis LLP, the firm said Thursday.
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November 06, 2025
Nuclear Waste Storage Site Opponents Appeal To High Court
Opponents of the U.S. Nuclear Regulatory Commission's approval of a temporary nuclear waste storage site in New Mexico have asked the U.S. Supreme Court to review the D.C. Circuit's decision to toss their challenge.
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November 06, 2025
FEMA Says States 'Mistaken' On Disaster Mitigation Program
The Federal Emergency Management Agency on Wednesday urged a Massachusetts federal judge to throw out a lawsuit by 22 states and the District of Columbia over the future of a program that funds infrastructure-hardening projects to mitigate the effects of natural disasters.
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November 05, 2025
Russia Seeks Justices' Input On $50B Immunity Question
Russia is arguing the U.S. Supreme Court must resolve whether a federal circuit court weighing a country's sovereign immunity defense must first decide the applicability of an underlying arbitration agreement, continuing its long-running bid to avoid $50 billion in arbitral awards issued to former shareholders of Yukos Oil Co.
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November 05, 2025
1st Circ. Questions Trump Admin On NIH Indirect Cost Cuts
A First Circuit panel seemed poised on Wednesday to uphold a district court decision finding that the Trump administration lacks the authority to cap indirect costs for research grants at the National Institutes of Health.
Expert Analysis
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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.
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Opinion
Senate's 41% Litigation Finance Tax Would Hurt Legal System
The Senate’s latest version of the Big Beautiful Bill Act would impose a 41% tax on the litigation finance industry, but the tax is totally disconnected from the concerns it purports to address, and it would set the country back to a time when small plaintiffs had little recourse against big defendants, says Anthony Sebok at Cardozo School of Law.
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In NRC Ruling, Justices Affirm Hearing Process Still Matters
The U.S. Supreme Court's decision in Nuclear Regulatory Commission v. Texas safeguards the fairness, clarity and predictability of the regulatory system by affirming that to challenge an agency's decision in court, litigants must first meaningfully participate in the hearing process that Congress and the agency have established, says Jonathan Rund at the Nuclear Energy Institute.
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What Baseball Can Teach Criminal Attys About Rule Of Lenity
Judges tend to assess ambiguous criminal laws not unlike how baseball umpires approach checked swings, so defense attorneys should consider how to best frame their arguments to maximize courts' willingness to invoke the rule of lenity, wherein a tie goes to the defendant, says Jonathan Porter at Husch Blackwell.
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Series
Performing As A Clown Makes Me A Better Lawyer
To say that being a clown in the Macy’s Thanksgiving Day Parade has changed my legal career would truly be an understatement — by creating an opening to converse on a unique topic, it has allowed me to connect with clients, counsel and even judges on a deeper level, says Charles Tatelbaum at Tripp Scott.
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How Energy Cos. Can Prepare For Potential Tax Credit Cuts
The Senate Finance Committee's version of the One Big Beautiful Bill act would create a steep phaseout of renewable energy tax credits, which should prompt companies to take several actions, including conduct a project review to discern which could begin construction before the end of the year, say attorneys at Husch Blackwell.
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Series
Law School's Missed Lessons: Rejecting Biz Dev Myths
Law schools don’t spend sufficient time dispelling certain myths that prevent young lawyers from exploring new business opportunities, but by dismissing these misguided beliefs, even an introverted first-year associate with a small network of contacts can find long-term success, says Ronald Levine at Herrick Feinstein.
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Move Beyond Surface-Level Edits To Master Legal Writing
Recent instances in which attorneys filed briefs containing artificial intelligence hallucinations offer a stark reminder that effective revision isn’t just about superficial details like grammar — it requires attorneys to critically engage with their writing and analyze their rhetorical choices, says Ivy Grey at WordRake.