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Energy
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July 15, 2025
Tribes, Enviro Groups Look To Block Copper Mine Land Swap
Environmental and tribal groups are asking a federal court to extend an injunction blocking the transfer of more than 2,500 acres within Tonto National Forest to an Arizona copper mining company, arguing that a final environmental impact study and appraisal of the property raise serious questions in the dispute.
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July 15, 2025
City Worker Says She Was Axed For Trying To Tax Energy Co.
A former employee of a Texas Gulf Coast city has told a court Monday that she was fired after suggesting that the city council vote to increase taxes on land owned by Freeport LNG.
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July 15, 2025
Tax Court Warns Attys In Denying $20M Easement Deduction
The U.S. Tax Court threatened Tuesday to force attorneys for a Georgia partnership to personally pay court costs after they had argued at trial for a $20 million tax deduction for a conservation easement donation, an amount the court said was over 100 times the land's value.
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July 15, 2025
Zimbabwe Wins Bid To Nix $50M Award Suit
The D.C. Circuit on Tuesday overturned a ruling ordering Zimbabwe to face litigation to enforce an 11-year-old $50 million arbitral award stemming from an ill-fated mining deal, ruling that two exceptions to sovereign immunity were inapplicable and that the court therefore lacks jurisdiction.
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July 15, 2025
La Caisse Plugs $200M Into PE-Backed Renewa
Infrastructure investor QIC Infrastructure on Tuesday announced that its portfolio company Renewa received a $200 million primary equity commitment from investment group La Caisse.
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July 15, 2025
11th Circ. Told Tax Court Erred Nixing Easement's Values
A Georgia partnership told the Eleventh Circuit that the U.S. Tax Court broke legal precedent by relying on a flawed valuation method that did not consider commercial mining potential when it denied a deduction tied to the conservation easement donation of a property.
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July 15, 2025
5th Circ. Says Oilfield Specialists Are OT Exempt
Two former field specialists of an oilfield service provider were not eligible for overtime under the Fair Labor Standards Act because they performed administrative tasks, a Fifth Circuit panel ruled, flipping a Texas district court's ruling in their favor.
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July 15, 2025
Sunnova Seeks OK For $7M In Ch. 11 Sale Incentives To Execs
Bankrupt solar panel giant Sunnova has asked a Texas bankruptcy court for permission to pay up to $7 million in cash incentives to its top executives, contingent on securing higher sale proceeds than its stalking horse bids for certain assets.
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July 15, 2025
Calif. Legislature OKs Retroactive Solar Property Exclusion
California would allow the purchaser of a new property a three-year window to apply for a property tax exclusion for solar energy systems under a bill passed by the state Senate and sent to Democratic Gov. Gavin Newsom for approval.
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July 15, 2025
Reed Smith Says Docs Slipped Through Stay In Eletson Row
Reed Smith has asked the Second Circuit to again step in and block new owners of reorganized Greece-based international shipping company Eletson from viewing communications between the firm and the company's prior owners, saying that, despite a stay already in place, the new owners were allowed to acquire some files.
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July 15, 2025
DC Circ. Backs Dismissal Of Green Orgs' Drilling Permit Suit
The D.C. Circuit on Tuesday rejected environmental groups' challenge to the approvals of thousands of federally approved oil and gas drilling permits in New Mexico and Wyoming, finding that a lower court was right to find they lacked standing.
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July 15, 2025
Brookfield, Google Ink $3B Hydroelectric Power Deal
Brookfield Asset Management, its subsidiary Brookfield Renewable Partners and Google have agreed to a "first-of-its-kind" more than $3 billion deal that aims to build up to 3,000 megawatts' worth of hydroelectric power capacity throughout the country, Brookfield announced July 15.
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July 14, 2025
7th Circ. Upholds Exxon's Win In Ex-Lab Tech's Sex Bias Suit
The Seventh Circuit on Monday refused to revive a former ExxonMobil Corp. employee's sex discrimination suit against the major oil and gas company, saying the woman failed to prove she was treated less favorably than male colleagues in the lead-up to her termination.
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July 14, 2025
Ukraine Bank Payment Bid Likely Illegal In $150M Award Fight
A Texas magistrate judge has recommended denying, for now, Carpatsky Petroleum Corp.'s bid to force Ukraine's largest oil company to hand over payments via its international bank account to the U.S.-based corporation as it seeks enforcement of a $150 million arbitral award.
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July 14, 2025
London Judge Nixes Jurisdictional Award In Gas Plant Feud
An English judge on Monday vacated an International Chamber of Commerce tribunal's award finding it has jurisdiction in a dispute stemming from a gas processing plant construction project for Saudi Aramco, saying the matter belongs before a London-seated ad hoc tribunal.
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July 14, 2025
NY Judge Snuffs Counties' Bid To Derail Congestion Pricing
A New York federal judge on Monday tossed claims from two local counties alleging Manhattan's discriminatory congestion pricing tolls trampled on motorists' right to travel, saying inconvenient tolls for certain commuters don't amount to a constitutional violation.
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July 14, 2025
Group Urges 11th Circ. To Ditch 'Radioactive' Mosaic Road
The U.S. Environmental Protection Agency should not have approved The Mosaic Co.'s request to use radioactive phosphogypsum in road construction at a Florida fertilizer facility, the Center for Biological Diversity told the Eleventh Circuit.
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July 14, 2025
Exxon's Climate Change Skepticism Is Protected, Court Told
Exxon Mobil Corp. was engaging in "core political speech" protected by the First Amendment when it made public statements that Connecticut's attorney general has alleged misled consumers about its business practices' contribution to climate change, the company told a state court Monday.
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July 14, 2025
9th Circ. Affirms FERC's Yank Of PG&E Grid Perk
The Ninth Circuit on Friday backed the Federal Energy Regulatory Commission's decision to deny Pacific Gas & Electric Co. a grid incentive meant for public utilities that voluntarily join a regional transmission organization, saying PG&E was not entitled to the perk since a California law now mandates membership in an organization.
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July 14, 2025
Enviro Groups Sue DOE Over Tenn. Nuclear Site Cleanup Plan
The U.S. Environmental Protection Agency's $30 billion cleanup plan for a nuclear site outside Knoxville, Tennessee, has failed to prevent harmful discharges into the area's groundwater and waterways, threatening community health and the local environment, environmental groups have said.
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July 14, 2025
Feds Argue Trump's Energy Orders Should Not Be Blocked
The federal government is fighting an effort to block President Donald Trump's fossil fuel-boosting executive orders that was filed by youths alleging U.S. energy policies harm their future by exacerbating climate change.
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July 14, 2025
Ex-ComEd Exec Gets 1½ Years For Hiding Madigan Bribes
An Illinois federal judge on Monday sentenced a former Commonwealth Edison executive and lobbyist to one and a half years in prison for his role in a scheme to steer payments to allies of ex-Illinois House Speaker Michael Madigan to win his support for energy legislation favorable to the utility, and for falsifying company records to hide no-show jobs for Madigan's associates.
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July 14, 2025
K&L Gates' DC Office Head Assumes US Leadership Role
K&L Gates LLP announced the appointment of new leadership in the United States on Monday, elevating the head of its Washington, D.C., office to the role of U.S. regional managing partner.
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July 14, 2025
TV Reporter Fights Town's Appeal After Broken Leg Trial Win
A television reporter whose leg was broken when he was allegedly hit by a public power employee's truck in the parking lot of a town hall has urged North Carolina's highest court to uphold a jury verdict finding that his injury was a result of the town worker's negligence.
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July 14, 2025
Mazda Slams 'Frivolous' Filings In Tossed Oil Burning Suit
Mazda Motor of America Inc. is threatening sanctions against the leader of a now-dismissed proposed class action alleging it sold vehicles with an oil burning defect, saying he is retreading since-debunked arguments and misstating facts in his bid to revive his case.
Expert Analysis
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How Trump Policies Are Affecting The Right To Repair
Recent policy changes by the second Trump administration — ranging from deregulatory initiatives to tariff increases — are likely to have both positive and negative effects on the ability of independent repair shops and individual consumers to exercise their right to repair electronic devices, say attorneys at Carter Ledyard.
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How Attorneys Can Master The Art Of On-Camera Presence
As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.
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Series
Baseball Fantasy Camp Makes Me A Better Lawyer
With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.
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DOJ Immigration Playbook May Take Cues From A 2017 Case
A record criminal resolution with a tree trimming company accused of knowingly employing unauthorized workers in 2017 may provide clues as to how the U.S. Department of Justice’s immigration crackdown will touch American companies, which should prepare now for potential enforcement actions, says Jonathan Porter at Husch Blackwell.
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NM Case Shows Power Of Environmental Public Nuisance Law
A recent ruling from a New Mexico appeals court finding that a pattern of environmental violations, even without any substantial impact on a nearby community, can trigger nuisance liability — including potential damages and injunctive relief — has important implications for regulated entities in the state, says Kaleb Brooks at Spencer Fane.
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Series
Adapting To Private Practice: From Fed. Prosecutor To BigLaw
Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.
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PG&E Win Boosts Employers' Defamation Defense
A California appeals court's recent Hearn v. PG&E ruling, reversing a $2 million verdict against PG&E related to an ex-employee’s retaliation claims, provides employers with a stronger defense against defamation claims tied to termination, but also highlights the need for fairness and diligence in internal investigations and communications, say attorneys at Kaufman Dolowich.
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Jurisdiction Argument In USAID Dissent Is Up For Debate
A dissent refuting the U.S. Supreme Court’s recent order directing the U.S. Agency for International Development to pay $2 billion in frozen foreign aid argued that claims relating to already-completed government contract work belong in the U.S. Court of Federal Claims – answering an important question, but with a debatable conclusion, says Steven Gordon at Holland & Knight.
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How Importers Can Minimize FCA Risks Of Tariff Mitigation
False Claims Act risks are inherent in many tariff mitigation strategies, making it important for importers to implement best practices to identify and report potential violations of import regulations before they escalate, says Samuel Finkelstein at LMD Trade Law.
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State Securities Enforcers May Fill A Federal Enforcement Gap
The U.S. Securities and Exchange Commission appears poised to take a lighter touch under the new administration, but state enforcement efforts are likely to continue unabated, and potentially even increase, particularly with regard to digital assets and ESG disclosures, say attorneys at Ropes & Gray.
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Perfecting Security Interests In Renewable Energy Tax Credits
The ability to transfer renewable energy tax credits has created new opportunities for developers, investors and lenders, but it also raises important questions regarding when and how the security interests in these credits are perfected — questions that must be answered definitively to protect credit claims and transactions, says Harry Teichman at Stinson.
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Firms Still Have Lateral Market Advantage, But Risks Persist
Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Opinion
We Must Allow Judges To Use Their Independent Judgment
As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.
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Preparing For Tariffs On Canadian Power In The Northeast
The on-again, off-again risk of import and export tariffs on energy transactions between the U.S. and Canada may have repercussions for U.S. energy stakeholders in the ISO New England and New York Independent System Operator electricity markets — but there are options that could help reduce cost impacts, say attorneys at Husch Blackwell.
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Series
Performing Stand-Up Comedy Makes Me A Better Lawyer
Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.