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Energy
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September 12, 2025
Chem Industry's Goals For Toxic Substance Law Face Hurdles
The chemical industry is pushing to overhaul a federal toxic substances law to accelerate the approval of new products, but narrow party margins in Congress, compromises built into the law and environmental groups' opposition weigh heavily against them.
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September 12, 2025
DC Circ. Probes NLRB's Employee Criticism Protections
A D.C. Circuit panel struggled Friday with the appropriate line for when an employee's public criticisms of their employer maintain protection under federal labor law as it weighed upholding a National Labor Relations Board ruling finding a Texas utility unlawfully fired a worker who testified before the state Senate.
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September 12, 2025
Trump Admin Asks Justices To Shut Down Climate Torts
The Trump administration has urged the U.S. Supreme Court to put an end to climate change lawsuits brought by state and local governments against fossil fuel companies, arguing that such suits are barred by both the U.S. Constitution and Clean Air Act.
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September 12, 2025
Taxation With Representation: Felesky Flynn, Gibson, Kirkland
In this week's Taxation With Representation, copper mining companies Anglo American and Teck Resources plan to merge, EchoStar agrees to sell spectrum licenses to SpaceX, and Diversified Energy acquires fellow energy operator Canvas.
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September 12, 2025
Magnesium Producer's DIP Rollup Denied Amid Enviro Row
A Delaware bankruptcy judge on Friday rejected US Magnesium's request to roll up some $3 million in existing debt after the state of Utah argued that doing so would improperly grant a lender liens on unencumbered assets, saying the evidence didn't support approving the rollup so early in the Chapter 11 case.
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September 12, 2025
Insurer Says Demolition Co. Can't Pursue Damage Offset
An insurer seeking to recoup $375,000 paid in connection with an implosion that damaged a policyholder's home asked a Pennsylvania state court to toss a demolition contractor's counterclaim for an offset of damages, saying the contractor attempted to improperly join a claim from a separate action.
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September 12, 2025
Calif. Court Refuses To Block Climate Reporting Rules, Again
A California federal court judge would not bar two new state climate disclosure regulations while a coalition of business groups takes its bid for an injunction up to the Ninth Circuit, saying his perspective hasn't shifted since the groups' last injunction request.
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September 11, 2025
Energy Giants Largely Defeat Climate Change RICO Suit
A Puerto Rico federal judge on Thursday mostly threw out, for good, racketeering and antitrust claims accusing a slew of energy industry companies of misrepresenting the climate dangers of fossil fuel products in causing a pair of hurricanes, though she declined to throw out some of the claims with prejudice.
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September 11, 2025
SEC Sues Podcast Host, Others Over $82M In Securities Sales
A trio of allegedly unregistered securities brokers, including a podcaster, are facing a suit from the U.S. Securities and Exchange Commission, alleging they sold unregistered oil and gas securities at the behest of sponsors of the associated unregistered offerings, raising a combined $82 million in exchange for transaction-based compensation.
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September 11, 2025
SEC Drops Suit Against Nikola Founder After Trump's Pardon
The U.S. Securities and Exchange Commission on Thursday ended its civil enforcement action in New York federal court against Nikola founder Trevor Milton months after he was pardoned by President Donald Trump for his securities fraud conviction on charges of lying to boost the company's stock on Wall Street.
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September 11, 2025
CFTC Withdraws Biden-Era Voluntary Carbon Credit Guidance
The U.S. Commodity Futures Trading Commission has withdrawn Biden-era guidelines that were intended to foster transparency and deter manipulation in the emerging market for voluntary carbon credits.
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September 11, 2025
Russia To Seek Guidance From Justices In $50B Award Suit
Russia said Thursday it will ask the U.S. Supreme Court to review a D.C. Circuit decision reviving its bid to escape litigation to enforce $50 billion in arbitral awards against it, arguing the appellate decision "cements an irreconcilable conflict" with the Second and Fifth circuits.
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September 11, 2025
Judge Won't Sink Calif. Offshore Oil Platform Suit
A California federal judge has rejected Sable Offshore Corp.'s bid to toss a lawsuit accusing the federal government of failing to make the company update safety and pollution-control plans, saying the government's decision to not require an update doesn't sink green groups' allegations.
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September 11, 2025
Trump Admin Should Release Climate Panel Docs, Judge Says
A Massachusetts federal judge on Thursday encouraged the Trump administration to voluntarily turn over records from a recently disbanded panel that environmental groups say worked secretly with regulators to justify a proposed reversal of the government's longstanding position that greenhouse gases are a threat to public health.
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September 11, 2025
State Regulators Press FERC To Back $21.8B MISO Grid Plan
Utility commissions in favor of a $21.8 billion transmission development plan told the Federal Energy Regulatory Commission this week that other state commissions challenging the plan are mischaracterizing their policy differences as tariff violations.
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September 11, 2025
Iberdrola Boosts Neoenergia Stake With $2.2B Deal
Spanish utility Iberdrola SA said Thursday it has agreed to acquire a 30.29% stake in Brazil's Neoenergia from Caixa de Previdência dos Funcionários do Banco do Brasil, or PREVI, building up its majority stake in the business.
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September 11, 2025
Senate Energy Panel Advances Republican FERC Nominees
The U.S. Senate Committee on Energy and Natural Resources on Thursday advanced President Donald Trump's picks to fill Republican slots on the Federal Energy Regulatory Commission in a largely party-line vote.
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September 11, 2025
Mayer Brown Adds 6 To Projects And Infrastructure Team
Mayer Brown LLP announced Wednesday that it has welcomed six attorneys to its projects and infrastructure group, including two partners from Wilson Sonsini Goodrich & Rosati PC and Vinson & Elkins LLP.
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September 11, 2025
Sudanese 'Can't Prove' BNP Bankrolled Dictator, Jury Told
French banking giant BNP Paribas told a Manhattan federal jury on Thursday that three plaintiffs who fled Sudan amid horrific human rights abuses, later to become U.S. citizens, "can't prove" it contributed to former Islamist dictator Omar al-Bashir's killing and destruction.
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September 11, 2025
Magnesium Producer Hits Ch. 11 Following Plant Failures
US Magnesium LLC, once North America's largest producer of primary magnesium, has filed for Chapter 11 protection in Delaware bankruptcy court with up to $500 million of debt, years after major equipment failures at its Utah facility ground production to a halt.
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September 11, 2025
Dentons Hires Deals Atty From Womble Bond In Indianapolis
Dentons announced Wednesday that it has added a global transactions lawyer from Womble Bond Dickinson to its office in Indianapolis, touting his experience advising on deals involving water and wastewater, energy, industrial and manufacturing, infrastructure, technology and natural resource projects.
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September 10, 2025
ADM Blasts Investors' 'Fishing Expedition' In Nutrition Biz Suit
Investors accusing Archer-Daniels-Midland Co. of illegally misrepresenting its nutrition segment's profitability are engaging in a "fishing expedition" by requesting every document it produced for federal investigation and should be ordered to negotiate search terms for relevant records, the company argued Wednesday.
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September 10, 2025
$70M Award To Petrobras Unit Must Be Nixed, NY Court Hears
Brazilian entities embroiled in a dispute over cost overruns on a project to supply components for offshore oil platforms urged a New York federal court Wednesday to vacate a $70 million arbitral award, which they say has resulted in a "gross windfall" for a Dutch Petrobras unit.
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September 10, 2025
Trump Admin's Push To Sunset Energy Regs Faces Hurdles
Legal obligations and practical challenges may hamstring the Trump administration's efforts to wipe out as many energy regulations as possible, making the moves vulnerable to lawsuits while creating uncertainty for the energy industry.
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September 10, 2025
Consumers Defend Challenge To Nippon-US Steel Merger
Consumers urged a California federal judge Wednesday not to dismiss their challenge to Nippon Steel's now-closed purchase of U.S. Steel Corp., arguing they've fixed an earlier lawsuit's shortcomings.
Expert Analysis
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Bid Protest Spotlight: Instructions, Price Evaluation, Standing
In this month's bid protest roundup, Caitlin Crujido at MoFo looks at three recent decisions that consider a contractor's attempt to circumvent unambiguous solicitation instructions, the fairness of an agency's price evaluation and whether a protestor that would be unable to perform even if sucessful has standing.
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E-Discovery Quarterly: The Perils Of Digital Data Protocols
Though stipulated protocols governing the treatment of electronically stored information in litigation are meant to streamline discovery, recent disputes demonstrate that certain missteps in the process can lead to significant inefficiencies, say attorneys at Sidley.
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Decoding Arbitral Disputes: Precision In Jurisdiction Clauses
The High Court recently held that a contract requiring disputes to be heard by U.K. courts superseded arbitration agreements between long-time business affiliates, reinforcing the importance of drafting precise jurisdiction clauses that international commercial parties in multiagreement relationships will use to resolve prior disputes, says Josep Galvez at 4-5 Gray's Inn.
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Series
Law School's Missed Lessons: Preparing For Corporate Work
Law school often doesn't cover the business strategy, financial fluency and negotiation skills needed for a successful corporate or transactional law practice, but there are practical ways to gain relevant experience and achieve the mindset shifts critical to a thriving career in this space, says Dakota Forsyth at Olshan Frome.
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Opinion
Federal Limits On Counter-Drone Options Need Updating
As malicious actors swiftly and creatively adapt drone technology for nefarious ends, federal legislation is needed to expand the authority of state and local governments, as well as private businesses and individuals, to take steps against such threats, says Carter Lee at Woods Rogers.
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Strategizing For Renewable Energy Project Success In Texas
The Electric Reliability Council of Texas has long been a key market for renewable energy projects, but rising financial and regulatory uncertainty means that developers and investors must prepare for inflation and policy risks, secure robust insurance coverage, and leverage tax equity transferability to ensure success, say attorneys at McDermott.
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A Cold War-Era History Lesson On Due Process
The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.
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How Latin American Finance Markets May Shift Under Trump
Changes in the federal government are bringing profound implications for Latin American financial institutions and cross-border financing, including increased competition from U.S. banks, volatility in equity markets and stable green investor demand despite deregulation in the U.S., says David Contreiras Tyler at Womble Bond.
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Series
Improv Makes Me A Better Lawyer
Improv keeps me grounded and connected to what matters most, including in my legal career where it has helped me to maintain a balance between being analytical, precise and professional, and creative, authentic and open-minded, says Justine Gottshall at InfoLawGroup.
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How BigLaw Executive Orders May Affect Smaller Firms
Because of the types of cases they take on, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of recent government action involving the legal industry than even the BigLaw firms named in the executive orders, says Reuben Guttman at Guttman Buschner.
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Opinion
Lawsuits Shouldn't Be Shadow Assets For Foreign Capital
Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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How To Accelerate Your Post-Attorney Career Transition
Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.
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Key Takeaways From The 2025 Spring Antitrust Meeting
Leadership changes, shifting priorities and evolving enforcement tools dominated the conversation at the recent American Bar Association Spring Antitrust Meeting, as panelists explored competition policy under a second Trump administration, agency discretion under the 2023 merger guidelines and new frontiers in conduct enforcement, say attorneys at Freshfields.
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Series
Law School's Missed Lessons: Be An Indispensable Associate
While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.
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What 2nd Trump Admin Means For Ship Pollution Compliance
As the second Trump administration's civil and criminal enforcement policies take shape, the maritime industry must ensure it complies with both national and international obligations to prevent oil pollution from seagoing vessels — with preventive efforts and voluntary disclosures being some of the best options for mitigating risk, say attorneys at Holland & Knight.