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Energy
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May 07, 2025
Geely Lobs Offer To Take Chinese EV Maker Zeekr Private
Chinese carmaker Geely Automobile Holdings Ltd. on Wednesday announced it has submitted a non-binding proposal to take Chinese electric-vehicle maker Zeekr private by acquiring the remaining shares it does not already own.
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May 07, 2025
Canadian Asbestos Miner Seeks Ch. 15 To Wrangle Lawsuits
A Quebec mining company asked a New York bankruptcy judge to recognize Canadian insolvency proceedings where it hopes to resolve thousands of asbestos personal injury lawsuits across multiple jurisdictions.
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May 06, 2025
CO2 Conversion Co. Sues Wash. Neighbor Over Toxic Fumes
A carbon conversion technology firm has launched a lawsuit in Washington federal court over noxious gases that have allegedly drifted onto its state project site from a neighboring chemical storage facility, making conditions "unbearable" for workers building a new sustainable aviation fuel plant.
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May 06, 2025
Colo. Judge Wary Pausing Dam Construction Can't Be Done
A Colorado federal judge said at the end of a daylong hearing Tuesday that she still had not heard what she needed to decide if further construction is necessary to ensure a partially constructed dam won't create public safety risks, after she had previously halted the project for further environmental review.
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May 06, 2025
Ruling Doesn't Bind FERC Auction Approval, DC Circ. Told
A Federal Energy Regulatory Commission determination that a court ruling required it to let a grid operator proceed with a flawed electricity capacity auction cannot be squared with its duty to modify unjust or unreasonable rates, consumer advocates and public utilities told the D.C. Circuit.
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May 06, 2025
Judge Scolds US Over 'Vague' Bid To Stay $380M Award Row
A California federal judge has scolded the Trump administration as it tries to seize part of a $380 million arbitral award purportedly tied to embezzled Malaysian funds, saying it has not constructively engaged in the discovery process while seeking a stay during related criminal proceedings.
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May 06, 2025
Reed Smith Must Turn Over Docs In $102M Fraud Fight
A New York federal judge on Tuesday determined that since enough evidence existed to show international shipping group Eletson Holdings may have committed fraud in an arbitration over a deal with another entity, Levona Holdings Ltd., the Reed Smith LLP attorneys who represented Eletson at the arbitration must hand over related documents.
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May 06, 2025
Texas Jury Clears Marathon Oil In $123M Force Majeure Case
A Texas federal jury has freed Marathon Oil Co. from a $123.7 million contract dispute stemming from a natural gas delivery impeded in 2021 by Winter Storm Uri.
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May 06, 2025
Fuel Refiners Say EPA Shirked Duty To Grant Biofuel Waiver
A refining industry trade group has urged a D.C. federal judge to order the U.S. Environmental Protection Agency to scale back its cellulosic biofuel blending requirements for 2023, saying the agency shirked an obligation to do so after production fell short of projections.
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May 06, 2025
Oil Cos. Bet On Trump Order To Try Dodging Climate Tort Suit
Energy companies told a South Carolina state judge that President Donald Trump's executive order aimed at curtailing certain state climate actions is all the more reason to dismiss Charleston's climate tort suit seeking monetary damages for alleged greenhouse gas pollution.
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May 06, 2025
DOD Says It Has Standing To Halt Labor Contracts
The U.S. Department of Defense asked a court not to end its lawsuit over President Donald Trump's move to end collective bargaining with its workers, saying it cannot manage its workforce "without facing substantial legal uncertainty."
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May 06, 2025
Marshall Fire Suit Must Stay In Colo., Plaintiffs' Attys Say
Local governments and individuals accusing Xcel Energy Inc. in a lawsuit of failing to mitigate risks leading up to the devastating 2021 Marshall Fire in Colorado said the company must stand trial in the state, rebuffing the notion that the state's court had no jurisdiction.
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May 06, 2025
Tax Court Erred In Slashing $23M Easement, 11th Circ. Told
A partnership told the Eleventh Circuit that the U.S. Tax Court erred in substantially reducing its claim to a $23 million conservation easement tax deduction, arguing the decision was tainted by error-riddled criteria used by the IRS to value the property.
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May 06, 2025
EPA Urges DC Circ. To Block Climate Change NGO Grants
The U.S. Environmental Protection Agency asked the D.C. Circuit to allow it to restart its effort to reclaim billions of dollars in congressionally approved funding for nonprofits the Biden administration picked to carry out climate change projects.
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May 06, 2025
$7.5M Verdict For Oil Co. 'A Calamity Of Errors,' Court Told
A Houston Ship Channel storage facility has asked a Texas appeals court to undo a $7.6 million award in favor of an energy company that contracted for dock space, writing that the trial court's interpretation of their contract set off "a calamity of errors."
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May 06, 2025
Nuclear Plant Renewal Rules Are Sound, Backers Tell DC Circ.
New U.S. Nuclear Regulatory Commission license renewal rules adequately account for environmental risks from accidents, aging equipment and climate change, industry players told the D.C. Circuit, urging it to reject a challenge brought by anti-nuclear power groups.
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May 06, 2025
6th Circ. Backs Convictions In FirstEnergy Scandal
The Sixth Circuit on Tuesday backed the convictions of former Ohio House Speaker Larry Householder and Republican lobbyist Matthew Borges for their roles in a FirstEnergy Corp. bribery scandal, saying in a published opinion that the jury instructions were clear enough to draw a distinction between legal campaign contributions and bribes.
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May 05, 2025
Energy Co. Didn't Mess With Costa Rica Deal, Retrial Jury Told
A South Dakota energy company urged a Denver jury Monday to reject allegations that it interfered with a deal for oil and gas rights on nearly 2.3 million acres in Costa Rica, in a retrial after an appellate panel threw out a $42 million jury award against it.
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May 05, 2025
Judge Poised To Decide If Mich. Will Face Dam Collapse Trial
A state judge will decide next week whether thousands of flood victims can proceed to trial on their claims that the state of Michigan is to blame for a hydroelectric dam collapse that caused widespread flooding.
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May 05, 2025
5th Circ. Says Biden Climate Officials' Info Not Protected
The Fifth Circuit on Monday ordered the U.S. Department of State to give the names of Biden administration officials who helped set the nation's greenhouse gas emissions targets to a conservative Texas-based legal group that's seeking climate change policy information.
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May 05, 2025
High Court Won't Touch $44M Award In Deadly Navy Crash
The U.S. Supreme Court has dashed Energetic Tank Inc.'s hopes of its own payout from the U.S. Navy over a deadly 2017 tanker ship collision that it says was the government's fault, after the Second Circuit declared the Navy immune from the company's counterclaims and left it on the hook for $44.5 million in damages.
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May 05, 2025
Texas Rep. Cuellar, Wife Must Face Bribery Trial In Houston
U.S. Rep. Henry Cuellar, D-Texas, and his wife must face bribery and corruption charges in Houston, a federal judge has ruled.
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May 05, 2025
Holtec Worker 'Cast Aside' After Beating Cancer, Jurors Told
A former nuclear technician told a New Jersey federal jury Monday that he was a loyal worker who was "cast aside in silence" by Holtec International when he returned to work after beating cancer and was demoted, had his work hours reduced and ultimately terminated without ever receiving a negative performance review.
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May 05, 2025
Sunoco Expands Into Canada With $9.1B Parkland Acquisition
Sunoco LP on Monday said it has agreed to buy Canadian gas station and refinery operator Parkland Corp. in a cash and equity deal worth approximately $9.1 billion, including assumed debt, a deal that greatly expands Sunoco's North American fuel distribution business.
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May 05, 2025
Feds Say Splitting Clean Air Trial Would Harm Public
Splitting a potential trial over a Detroit-area steel input manufacturer's alleged Clean Air Act violations into two phases would only cause unnecessary delays, the U.S. government has told a Michigan federal judge.
Expert Analysis
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What To Watch For As High Court Mulls NRC's Powers
If successful, Texas’ challenges to the U.S. Nuclear Regulatory Commission’s authority — recently heard by the U.S. Supreme Court and currently pending before a Texas federal court — may have serious adverse consequences for aspiring NRC licensees, including potential nuclear power plant operators, say attorneys at Haynes Boone.
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Series
Adapting To Private Practice: From NY Fed To BigLaw
While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.
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Cos. Face Enviro Justice Tug-Of-War Between States, Feds
The second Trump administration's sweeping elimination of environmental justice policies, programs and funding, and targeting of state-level EJ initiatives, creates difficult questions for companies on how best to avoid friction with federal policy, navigate state compliance obligations and maintain important stakeholder relationships with communities, say attorneys at Arnold & Porter.
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Top 3 Litigation Finance Deal-Killers, And How To Avoid Them
Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.
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NEPA Repeal Could Slow Down Environmental Review
As the Trump administration has rescinded the Council on Environmental Quality's long-standing National Environmental Policy Act regulations, projects that require NEPA review may be bogged down by significant regulatory uncertainty and litigation risks, potentially undermining the administration's intent to streamline the permitting process, say attorneys at Mayer Brown.
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Foreign Countries Have Strong Foundation To Fill FCPA Void
Though the U.S. has paused enforcement of the Foreign Corrupt Practices Act, liberal democracies across the globe are well equipped to reverse any setback in anti-corruption enforcement, potentially heightening prosecution risk for companies headquartered in the U.S., says Stephen Kohn at Kohn Kohn.
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How Attys Can Use A Therapy Model To Help Triggered Clients
Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.
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3 Steps For In-House Counsel To Assess Litigation Claims
Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.
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Despite SEC Climate Pause, Cos. Must Still Heed State Regs
While businesses may have been given a reprieve from the U.S. Securities and Exchange Commission's rules aimed at standardizing climate-related disclosures, they must still track evolving requirements in states including California, Illinois, New Jersey and New York that will soon require reporting of direct and indirect carbon emissions, say attorneys at Husch Blackwell.
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Series
Teaching College Students Makes Me A Better Lawyer
Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know — principles that have helped to improve my practice of law, says Sheria Clarke at Nelson Mullins.
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5 Areas Contractors Should Watch After 1st 100 Days
Federal agencies and contractors face challenges from staff reductions, contract terminations, pending regulatory reform and other actions from the second Trump administration's first 100 days, but other areas stand to become more efficient and cost-effective, say attorneys at Thompson Hine.
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Series
Adapting To Private Practice: From DOJ Enviro To Mid-Law
Practitioners leaving a longtime government role for private practice — as when I departed the U.S. Department of Justice’s environmental enforcement division — should prioritize finding a firm that shares their principles, values their experience and will invest in their transition, says John Cruden at Beveridge & Diamond.
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Why Trade Cases May Put Maple Leaf Deference On Review
When litigation challenging the president’s trade actions reaches the Federal Circuit, the court will have to reevaluate the Maple Leaf standard in light of the U.S. Supreme Court's 2024 Loper Bright decision limiting Chevron-like deference to cases involving statutory provisions in which Congress delegated discretionary authority to the executive branch, say attorneys at Wiley.
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Key Questions When Mediating Environmental Disputes
As the U.S. Environmental Protection Agency implements dramatic regulatory changes, companies seeking to use mediation to manage increased risks and uncertainties around environmental liabilities should keep certain essential considerations in mind to help reach successful outcomes, says Edward Cohen at Thompson Coburn.
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Trump DOE's Plan On AI Offers Challenges, Opportunities
The Trump administration's push to make federal land available for development of artificial intelligence data centers follows a similar Biden administration proposal — but a new request for information from the U.S. Department of Energy envisions a rapid timeline that may prove challenging for both the DOE and industry stakeholders, say attorneys at HWG.