Energy

  • October 01, 2025

    Ohio Says Norfolk Southern Fully Liable In Derailment Suit

    Ohio is asking a federal judge to find Norfolk Southern Corp. fully liable for pollution stemming from the 2023 East Palestine train derailment, saying the court should find that each railcar is a separate source of pollution under state law and assess penalties accordingly.

  • October 01, 2025

    Peru Says Mining Co. Can't Revive $417M Penalty Claim

    Peru is resisting an Arizona-based mining company's bid to annul a decision by international arbiters who found they lacked jurisdiction over $417 million in penalties and interest the country imposed for unpaid royalties, saying the company is wrong to claim the issue was improperly ignored.

  • October 01, 2025

    Haynes Boone Leads AI Campus REIT's Upsized $683M IPO

    Fermi began trading Wednesday after the Texas REIT raised $683 million in upsized initial public offering, represented by Haynes Boone and underwriters counsel Vinson & Elkins LLP. Fermi, which is developing power and data center infrastructure for AI uses, is offering 32.5 million shares at $21, within the range of $18 to $22. The company had originally filed to offer 25 million shares, before increasing the shares offered on Monday. Shares begin trading today on the Nasdaq under the symbol FRMI. 

  • September 30, 2025

    DC Circ. To Decide If Renewable Fuel Exemption Fight Moot

    The D.C. Circuit was full of questions Tuesday morning about whether it should or should not consider moot a challenge to an Environmental Protection Agency policy regarding how the agency accounts for retroactive exemptions when setting renewable fuel standards.

  • September 30, 2025

    US Worker Unions Slam 'Unlawful' Shutdown Firing Threats

    The American Federation of Government Employees and the American Federation of State, County and Municipal Employees sued Tuesday over the Trump administration's threats to fire federal workers in the event of a government shutdown, arguing that the threats stray from historic practice and violate the law.

  • September 30, 2025

    US Oil Fund Beats Investor Suit Over COVID-Era Disclosures

    A New York federal judge tossed a proposed class action accusing United States Oil Fund LP and its backers of misleading investors during the 2020 oil crash, finding it does not plead actionable misstatements or omissions about pandemic-related risks the exchange-traded fund faced, or knowledge of wrongdoing by the defendants.

  • September 30, 2025

    DC Circ. Backs FERC Approval Of Tenn. Pipeline

    The D.C. Circuit on Tuesday used a recent landmark U.S. Supreme Court decision curtailing federal environmental reviews to reject a challenge to the Federal Energy Regulatory Commission's approval of a Tennessee pipeline project.

  • September 30, 2025

    Spain Must Pay €332M Renewables Awards, Judge Rules

    A D.C. federal judge enforced a pair of arbitral awards against Spain worth a combined €332.4 million ($390.5 million), days before the U.S. Supreme Court is expected to decide whether to take up the country's jurisdictional challenge in the cases.

  • September 30, 2025

    Feds Insist They Can Block Michigan AG's Climate Suit

    The Trump administration told a federal court its bid to stop Michigan from filing an anticipated climate change lawsuit is not premature, as the state's attorney general has not backed down from her litigation plans.

  • September 30, 2025

    Ballard Spahr Rehires Solar Co. Attorney In Salt Lake City

    An attorney who started his legal career at Ballard Spahr LLP has rejoined the team in Salt Lake City after working for years as part of the in-house legal team at New Orleans-based solar energy provider PosiGen, the firm recently announced.

  • September 29, 2025

    Zurich Wins $2M Coverage Dispute Over Wrongful Death Suit

    A Colorado federal judge dismissed the claims of a pipeline construction company against Zurich Monday after the court found the insurance policy between the insurer and one of the construction company's subcontractors only allowed coverage up to $1 million, not $2 million.

  • September 29, 2025

    Lithium Co. Beats Investor Suit Over Extraction Rate Claims

    Canadian extraction plant operator Standard Lithium Ltd. on Monday escaped a proposed shareholder class action accusing it of misleading investors about the production capabilities of a U.S. plant after a federal judge determined the suit does not show investors were harmed by inconsistencies between its public statements and disclosures it made to a state government agency.

  • September 29, 2025

    Venezuela Must Pay $1B ExxonMobil Award, Judge Rules

    A D.C. federal judge enforced a $1 billion arbitral award against Venezuela in a dispute with three Exxon Mobil affiliates, saying the interim government's argument that the tribunal wrongly allowed the illegitimate government of president Nicolás Maduro to argue the case is foreclosed under D.C. Circuit precedent.

  • September 29, 2025

    Utah Tribe Seeks Sanctions In Water Fight With Farm Cos.

    A Native American tribe has asked a Utah federal court for sanctions up to default judgment against a group of farm companies in a water use lawsuit, saying their failure to comply with any order and participate in the litigation willfully ignores the suit's seriousness.

  • September 29, 2025

    Feds' Clean Air Fix Would Shutter Detroit Plant, Judge Hears

    The federal government on Monday asked a Michigan federal judge to order a Detroit facility that produces coke for steelmaking to install processes that would reduce its sulfur emissions and pay a $140 million fine for Clean Air Act violations, while the facility told the court such an order would essentially shutter the operation.

  • September 29, 2025

    NLRB Judge Rejects Waiver Defense In Health Cost Row

    A National Labor Relations Board judge on Monday said a Kentucky energy nonprofit violated federal labor law by hiking workers' healthcare costs without negotiating, rejecting the employer's argument that the workers waived their right to bargain.

  • September 29, 2025

    Chancery Mulls Bid To Toss AI-Linked Battery Co. SPAC Suit

    Attorneys representing a blank-check company that took artificial intelligence-driven energy storage business Stem Inc. public in April 2021 argued in Delaware's Court of Chancery on Monday that investors suing over the deal are following a "free pass to trial" strategy that the court has cautioned against.

  • September 29, 2025

    Sidley, Hogan Lovells Guide Ares' $1B Meade Pipeline Buy

    Sidley Austin LLP-advised Ares Management Corp. said Monday that it has acquired Hogan Lovells-led Meade Pipeline Co. from XPLR Infrastructure LP, an affiliate of NextEra Energy, for about $1.1 billion. 

  • September 29, 2025

    Solar Plant Justified $45M Easement Break, Tax Court Told

    A partnership is entitled to a roughly $45 million tax deduction for donating a conservation easement that protected hundreds of acres in Texas from potentially being used to host a solar power plant, the partnership told the U.S. Tax Court.

  • September 29, 2025

    Trump Admin Opens Lands, Wallets To Boost US Coal

    The Trump administration on Monday announced a suite of actions to help boost the U.S. coal industry, including opening up more federal lands to coal leasing and providing compliance relief and federal funding for coal-fired power plants.

  • September 29, 2025

    Billionaire On The Hook For $9M In Failed Australia Claim

    Australia on Saturday claimed victory in a $198 billion investor-state claim over a nixed iron ore project asserted by Australian mining magnate and billionaire Clive Palmer, who immediately vowed to challenge the award in Switzerland.

  • September 29, 2025

    Duane Morris, DLA Piper Steer $1.2B Hadron SPAC Deal

    Duane Morris LLP-advised nuclear energy company Hadron Energy on Monday announced plans to go public through a merger with special purpose acquisition company GigCapital7 Corp., led by DLA Piper, in a deal that values the company at $1.2 billion.

  • September 26, 2025

    Exxon Beats BP's Defense Claims In Brooklyn Oil Spill Row

    Exxon Mobil Corp. wasn't required to defend BP Products North America against lawsuits resulting from a Brooklyn oil spill nearly 50 years ago — or pay its multimillion-dollar legal tab — the Second Circuit ruled Friday, saying that an Illinois "complete defense" rule applicable to insurers doesn't cover indemnification deals between non-insurers.

  • September 26, 2025

    Slovakia Seeks €1.83M Default Penalty From Texas Energy Co.

    Slovakia urged a Texas federal court Friday to issue a default judgment of €1.83 million ($2.14 million) against a U.S. energy company that had at one point sought $2.1 billion from the country in arbitration over failed development plans.

  • September 26, 2025

    DC Circ. Examines FERC's Revised Grid Hookup Policy

    The D.C. Circuit is set to decide whether the Federal Energy Regulatory Commission made a mistake when overhauling its policy for hooking up new power projects to the grid, after spending the entire morning and part of the afternoon Friday going over the penalty framework.

Expert Analysis

  • What Ethics Rules Say On Atty Discipline For Online Speech

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    Though law firms are free to discipline employees for their online commentary about Charlie Kirk or other social media activity, saying crude or insensitive things on the internet generally doesn’t subject attorneys to professional discipline under the Model Rules of Professional Conduct, says Stacie H. Rosenzweig at Halling & Cayo.

  • Junior Attys Must Beware Of 5 Common Legal Brief Mistakes

    Excerpt from Practical Guidance
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    Junior law firm associates must be careful to avoid five common pitfalls when drafting legal briefs — from including every possible argument to not developing a theme — to build the reputation of a sought-after litigator, says James Argionis at Cozen O'Connor.

  • Opinion

    State AGs, Not Local Officials, Should Lead Public Litigation

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    Local governments’ public nuisance lawsuits can raise constitutional and jurisdictional challenges, reinforcing the principle that state attorneys general — not municipalities — are best positioned to litigate on behalf of citizens when it is warranted, says former Utah Attorney General John Swallow.

  • Expect DOJ To Repeat 4 Themes From 2024's FCPA Trials

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    As two upcoming Foreign Corrupt Practice Act trials approach, defense counsel should anticipate the U.S. Department of Justice to revive several of the same themes prosecutors leaned on in trials last year to motivate jurors to convict, and build counternarratives to neutralize these arguments, says James Koukios at MoFo.

  • Utilizing 6th Circ.'s Expanded Internal Investigation Protection

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    A recent Sixth Circuit decision in In re: FirstEnergy demonstrates one way that businesses can use a very limited showing to protect internal investigations from discovery in commercial litigation, while those looking to force production will need to employ a carefully calibrated approach, say attorneys at Brownstein Hyatt.

  • Series

    Power To The Paralegals: How And Why Training Must Evolve

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    Empowering paralegals through new models of education that emphasize digital fluency, interdisciplinary collaboration and human-centered lawyering could help solve workforce challenges and the justice gap — if firms, educators and policymakers get on board, say Kristine Custodio Suero and Kelli Radnothy.

  • Evaluating The Current State Of Trump's Tariff Deals

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    As the Trump administration's ambitious tariff effort rolls into its ninth month, and many deals lack the details necessary to provide trade market certainty, attorneys at Adams & Reese examine where things stand.

  • Series

    Playing Softball Makes Me A Better Lawyer

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    My time on the softball field has taught me lessons that also apply to success in legal work — on effective preparation, flexibility, communication and teamwork, says Sarah Abrams at Baleen Specialty.

  • 8 Steps For Industrial Property Buyers To Limit Enviro Liability

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    Ongoing litigation over the U.S. Environmental Protection Agency’s designation of PFAS as hazardous site contaminants demonstrates the liabilities that industrial property purchasers risk inheriting, but steps to guarantee rigorous environmental compliance, anticipate regulatory change and allocate cleanup responsibilities can mitigate this uncertainty, say attorneys at ArentFox Schiff.

  • Series

    Law School's Missed Lessons: Mastering Time Management

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    Law students typically have weeks or months to prepare for any given deadline, but the unpredictability of practicing in the real world means that lawyers must become time-management pros, ready to adapt to scheduling conflicts and unexpected assignments at any given moment, says David Thomas at Honigman.

  • How Hyperlinks Are Changing E-Discovery Responsibilities

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    A recent e-discovery dispute over hyperlinked data in Hubbard v. Crow shows how courts have increasingly broadened the definition of control to account for cloud-based evidence, and why organizations must rethink preservation practices to avoid spoliation risks, says Bree Murphy at Exterro.

  • Pemex Bribery Charges Provide Glimpse Into FCPA Evolution

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    A recently unsealed indictment against two Mexican nationals for allegedly bribing officials at Pemex, Mexico’s state-owned oil company, reveals that Foreign Corrupt Practices Act enforcement is adapting to new priorities, but still remains active, and compliance programs should continue apace, say attorneys at Crowell & Moring.

  • Revamped Opportunity Zones Can Aid Clean Energy Projects

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    The Qualified Opportunity Zone program, introduced in 2017 and reshaped in the One Big Beautiful Bill Act, offers investors federal tax incentives for development in low-income communities — incentives that are especially meaningful for clean energy projects, where capital-intensive infrastructure and long-term planning are essential, say attorneys at Dentons.

  • Sales And Use Tax Strategies For Renewables After OBBBA

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    With the One Big Beautiful Bill Act sharply curtailing federal tax incentives for solar and wind projects, it is vital for developers to carefully manage state and local sales and use tax exposures through early planning and careful contract structuring, say advisers at KPMG.

  • Series

    Writing Musicals Makes Me A Better Lawyer

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    My experiences with writing musicals and practicing law have shown that the building blocks for both endeavors are one and the same, because drama is necessary for the law to exist, says Addison O’Donnell at LOIS Law.

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