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Energy
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July 10, 2025
Fed. Circ. Judges Get Tough With Phillips 66 In Retrial Spat
The Federal Circuit tangled with Phillips 66 on Wednesday over the "talismanic significance" of a lower court judge declaring the oil and gas giant had made prejudicial arguments in an infringement case over oil refinery patents.
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July 10, 2025
10th Circ. Affirms Sentence In $1B Energy Tax Credit Scheme
A leader of a renewable-energy scheme that illicitly sought $1 billion in tax credits failed to persuade the Tenth Circuit to overturn his conviction by arguing that jurors were biased when his lawyer was identified as having helped Michael Jackson beat child molestation charges.
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July 10, 2025
Trump Says 50% Copper Tariff Will Begin Aug. 1
President Donald Trump said his new 50% tariff on copper imports will take effect Aug. 1, citing national security concerns.
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July 10, 2025
SpaceX Seeks Record $400B Valuation, Plus More Rumors
Elon Musk's satellite and rocket maker SpaceX is planning to raise money in a private round that would value the startup at a record $400 billion, Starbucks China is seeking bids for a stake sale that could value the chain at $10 billion, plus online fashion giant Shein hopes to salvage its long-awaited IPO by listing in Hong Kong.
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July 09, 2025
Sierra Club Says OMB Ignoring Funding Freeze Info Requests
The Office of Management and Budget's refusal to produce records concerning the Trump administration's freeze of federal funding programs is impeding the Sierra Club's mission to advocate for and educate the public about pressing public health and environmental issues, the environmental organization alleged Tuesday in California federal court.
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July 09, 2025
EPA Violated ESA With Nitrogen, Soot Standards, Group Says
The U.S. Environmental Protection Agency violated the Endangered Species Act when it approved air quality standards for two pollutants without properly analyzing their effects on animals and plants, the Center for Biological Diversity told the D.C. Circuit Tuesday.
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July 09, 2025
Albireo Energy Faces Suit Over Mold In Colo. School
A Colorado school district hit Albireo Energy with a negligence suit in state court Wednesday that blames the building controls company for nearly $1 million in damage to a middle school from a botched ventilation system upgrade.
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July 09, 2025
Trump Admin Beats Injunction Bid Over Deleted Webpages
A Washington, D.C., federal judge on Wednesday rejected the Sierra Club and other nonprofits' request for a preliminary injunction forcing federal agencies to restore webpages the groups said provided critical environmental information, saying they hadn't shown keeping the status quo while their case is pending would cause irreparable harm.
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July 09, 2025
EPA Sued Over Oil Refineries' Hydrogen Fluoride Use
A group of environmental advocates has hauled the U.S. Environmental Protection Agency into California federal court to stop the use of hydrogen fluoride in domestic oil manufacturing refineries, arguing it's endangering the public and the Toxic Substances Control Act requires that the agency eliminate those risks through regulations.
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July 09, 2025
Water Co. Can't Charge Customers $42M, Conn. Justices Say
State regulators lawfully rejected Eversource subsidiary Aquarion Water Co. of Connecticut's 2022 request to increase rates by $42 million to pay for plant additions, but they wrongly scuttled the utility's $1.5 million bid to recover conservation expenses, the Connecticut Supreme Court ruled Wednesday.
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July 09, 2025
Red States Want In On Youths' Suit Over Trump Energy Orders
A coalition of Republican states led by Montana asked a federal court Tuesday for permission to intervene in a lawsuit brought by youths challenging President Donald Trump's recently enacted fossil fuel policies.
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July 08, 2025
5th Circ. Wary To Let Surety Stick Chevron With $11M Bill
A Fifth Circuit panel seemed skeptical of a surety company's argument that BP and Chevron need to pony up $11 million to pay for decommissioning costs, asking Tuesday what to do with contractual language that seemingly absolved them of having to pay that bill.
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July 08, 2025
Bolivia Says Glencore Suit Over $253 Award Must Be Axed
Bolivia has urged a D.C. federal court to dismiss efforts by a subsidiary of the Swiss commodities giant Glencore to enforce a $253.6 million arbitral award against the country, arguing the company is trying to "short-circuit" service requirements laid out in foreign sovereign immunity law.
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July 08, 2025
Trump Declares 50% Copper Tariff, Floats 200% Pharma Tariff
President Donald Trump announced Tuesday that he will impose a new 50% tariff on copper imported into the U.S., while also raising the possibility of imposing a 200% tariff on pharmaceuticals.
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July 08, 2025
Del. Judge Cuts Co-Plaintiff From $57M Refined Coal IP Suit
A co-plaintiff alongside Midwest Energy Emissions Corp. cannot share in a $57 million award from a jury that found patents on technology for refining coal to reduce mercury emissions from power plants were infringed, with a Delaware federal judge ruling on Tuesday the other company lacks standing.
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July 08, 2025
Mich. Judge Certifies Edenville Dam Flood Victim Classes
A Michigan claims court judge has certified classes of businesses and residents affected by flooding from the collapse of a hydroelectric dam, ahead of a January trial to determine if state agencies are liable for the disaster.
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July 08, 2025
States Back Enviro Orgs. Bid To Block EPA's Halt Of $3B Grant
A group of Democratic attorneys general on Monday told a D.C. federal district court that the U.S. Environmental Protection Agency's decision to terminate environmental justice grants deprives vulnerable communities of funding "necessary to achieve a healthy environment."
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July 08, 2025
Ex-ComEd CEO Should Get 6 Years In Prison, Prosecutors Say
Chicago federal prosecutors said Monday that former Commonwealth Edison CEO Anne Pramaggiore, convicted alongside three others for falsifying books and records in a yearslong scheme to bribe former Illinois House Speaker Mike Madigan, should serve nearly six years behind bars, while Pramaggiore said she should receive a sentence of probation.
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July 08, 2025
Exclusion's Use Of 'The' Supports Alt. Reading, 5th Circ. Says
The Fifth Circuit said an exclusion barring coverage for intellectual property infringement claims didn't necessarily relieve an insurer from covering defense expenses an oil and gas company incurred in an IP theft lawsuit, finding the exclusion's use of "the" led to a pro-coverage, reasonable meaning.
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July 08, 2025
Environmental Regulations To Watch In 2025: Midyear Report
The U.S. Environmental Protection Agency said it is planning big changes to existing regulations and policies, including possibly rescinding its finding that greenhouse gases pose a danger to people's health and rolling back standards for forever chemicals. Here are some of the biggest regulatory matters to watch in the second half of 2025.
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July 08, 2025
Latin America-Focused Miner Aura Minerals Eyes $210M US IPO
Canadian gold and copper miner Aura Minerals has announced the terms for its U.S. initial public offering, with plans to raise $210 million to command a market value of $2.1 billion.
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July 08, 2025
High Court Allows Trump's Gov't Cuts And Restructuring
The U.S. Supreme Court on Tuesday ruled the Trump administration can move forward with its plans for large-scale layoffs and reorganizations at various federal departments and agencies, lifting a California federal judge's order that had paused the efforts while a legal challenge continues.
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July 08, 2025
Oil Cos.' Water Pollution Coverage Suit Gets Trimmed
Two oil and gas companies can't proceed with bad faith claims against certain underwriters at Lloyd's of London in a dispute over coverage for the remediation of water byproduct pollution, a New Mexico federal court ruled, saying the companies failed to allege facts supporting their claims.
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July 08, 2025
Michigan Halts Construction Code Rollout Amid Builders' Suit
Michigan has paused the implementation of a new residential construction code after homebuilders filed lawsuits claiming the adoption of the code violated state law and would drive up the price of homes.
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July 08, 2025
Ex-Carlyle Group Atty Joins Orrick's Growing Energy Team
Orrick Herrington & Sutcliffe LLP announced the 11th addition to its global energy and infrastructure team this year on Monday, welcoming a New York-based attorney from The Carlyle Group.
Expert Analysis
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Bills' Defeat Means Brighter Outlook For Texas Renewables
The failure of a trio of bills from the recently concluded Texas legislative session that would have imposed new burdens on wind, solar and battery storage projects bodes well for a state with rapidly growing energy needs, say attorneys at Troutman.
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Series
Playing The Violin Makes Me A Better Lawyer
Playing violin in a string quartet reminds me that flexibility, ambition, strong listening skills, thoughtful leadership and intentional collaboration are all keys to a successful legal practice, says Julie Park at MoFo.
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DOJ's 1st M&A Declination Shows Value Of Self-Disclosures
The U.S. Department of Justice's recent decision not to charge private equity firm White Deer Management — the first such declination under an M&A safe harbor policy announced last year — signals that even in high-priority national security matters, the DOJ looks highly upon voluntary self-disclosures, say attorneys at Perkins Coie.
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Series
Law School's Missed Lessons: Practicing Self-Care
Law schools don’t teach the mental, physical and emotional health maintenance tools necessary to deal with the profession's many demands, but practicing self-care is an important key to success that can help to improve focus, manage stress and reduce burnout, says Rachel Leonard at MG+M.
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Forensic Challenges In Lithium-Ion Battery Fire Cases
Lawsuits over lithium-ion battery fires and explosions often center on the core question of whether the battery was defective or combusted due to some other external factor — so both plaintiff and defense attorneys litigating these cases must understand the forensic issues involved, says Drew LaFramboise at Joseph Greenwald.
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Texas' Cactus Ruling Clarifies 'Produced Water' Rules
The Texas Supreme Court's decision in Cactus Water Services v. COG Operating, holding that mineral interest lessees have the rights to water extracted alongside oil and gas, should benefit industry players by clarifying the rules — but it leaves important questions about royalties unresolved, say attorneys at Yetter Coleman.
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ABA Opinion Makes It A Bit Easier To Drop A 'Hot Potato'
The American Bar Association's recent ethics opinion clarifies when attorneys may terminate clients without good cause, though courts may still disqualify a lawyer who drops a client like a hot potato, so sending a closeout letter is always a best practice, say attorneys at Thompson Hine.
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Federal Construction Considerations Amid Policy Overhaul
The rapid overhaul of federal procurement, heightened domestic sourcing rules and aggressive immigration enforcement are reshaping U.S. construction, but several pragmatic considerations can help federal contractors engaged in infrastructure and public construction avoid the legal, financial and operational fallout, say attorneys at Cozen O'Connor.
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How Political Divisions Are Stalling Pa. Energy Development
Despite possessing the nation's second-largest natural gas reserves and a legacy of energy infrastructure, Pennsylvania faces a fragmented and politically charged path to developing the energy resources it will need in the future, thanks to legislative gridlock, divided public opinion and competing energy interests, says Andrew Levine at Stradley Ronon.
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How Trump's Trade Policies Are Shaping Foreign Investment
Five months into the Trump administration, investors are beginning to see the concrete effects of the president’s America First Investment Policy as it presents new opportunities for clearing transactions more quickly, while sustaining risk aversion related to Chinese trade and potentially creating different political risks, say attorneys at Covington.
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Justices Rewrite Rules For Challenging Enviro Agency Actions
Three recent U.S. Supreme Court rulings — Nuclear Regulatory Commission v. Texas, Oklahoma v. U.S. Environmental Protection Agency and EPA v. Calumet Shreveport Refining — form a jurisprudential watershed in administrative and environmental law, affirming statutory standing and venue provisions as the backbone of coherent judicial review, say attorneys at GableGotwals.
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Series
My Opera And Baseball Careers Make Me A Better Lawyer
Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.
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8 Ways Lawyers Can Protect The Rule Of Law In Their Work
Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.
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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.