Energy

  • September 10, 2025

    Texas Justices Wary Of Shifting Franchise Tax Calculation

    The Texas Supreme Court on Wednesday pushed an energy company to explain why the Texas tax code would make it eligible for a refund for bunker oil sold in the Lone Star State, asking where it should look in the law to create a "destination test" for state franchise taxes.

  • September 10, 2025

    NC Justices Debate 2-Second Reaction Time In Crash Suit

    The North Carolina Supreme Court grappled Wednesday with whether two seconds was enough time for a town utility worker to both register and react to the fact that he was about to hit a pedestrian with his work truck.

  • September 10, 2025

    Quarry Blasting Suit Dropped By NC Construction Supplier

    A construction company dropped its lawsuit against a blasting services and distribution business Wednesday in North Carolina federal court, after accusing it in June of botching an explosives operation at a Colorado quarry.

  • September 09, 2025

    5th Circ. Says ConocoPhillips Can Arbitrate FLSA Suit

    The Fifth Circuit on Tuesday ruled that a former ConocoPhillips safety consultant must arbitrate claims in his proposed collective action that accuses the oil and natural gas company of not paying overtime wages, saying in an unpublished opinion that the consultant entered into an agreement that incorporated an arbitration provision.

  • September 09, 2025

    PacifiCorp Fire Property Wasn't 'Lost' But 'Taken,' Jury Told

    The latest wildfire damage trial against PacifiCorp began Tuesday with the stories of 10 Oregon property owners who, a jury was told, didn't "lose" their property but had it "taken" by an irresponsible utility.

  • September 09, 2025

    7 Enviro Cases To Watch At The Supreme Court

    The U.S. Supreme Court is considering a slew of environmental cases for the coming term, including jurisdiction disputes in pipeline and pollution cases, a challenge to a Washington state climate change law and Monsanto's bid to undo a $1.2 million weed killer cancer award.

  • September 09, 2025

    CenterPoint Inks Deal To End Workers' 401(k) Fee Suit

    CenterPoint Energy has agreed to settle a proposed class action filed in Texas federal court claiming it failed to rein in costly management fees for its $3 billion retirement plan, resulting in millions in losses for workers' retirement savings.

  • September 09, 2025

    Trump's Latest Tariff EO Offers Some Relief, But No Certainty

    President Donald Trump's latest tariff executive order essentially creates an exclusion process for many goods not readily available in the U.S. if the exporter countries enter trade agreements with the U.S., a strategic shift cautiously welcomed by importers even as they still seek certainty for their supply chains.

  • September 09, 2025

    NY Climate Law Challenge Moved To Join Similar Case

    A federal judge has denied business groups' bid to keep a suit challenging New York's climate Superfund law in the Southern District of New York, saying they must pursue the case in the Northern District where Republican-led states brought similar litigation first.

  • September 09, 2025

    New York State And Mohawk Tribe Settle 43-Year Land Dispute

    New York Gov. Kathy Hochul said the state has reached a settlement agreement with the Saint Regis Mohawk Tribe ending a decadeslong land purchase dispute, noting that the deal includes restoring tribal members' access to islands on the St. Lawrence River, improved power usage and education benefits.

  • September 09, 2025

    States, Oil Groups Push For Wins In Drilling Ban Fight

    Republican-led states and oil and gas industry groups pushed for a victory in their lawsuits challenging now-rescinded Biden-era memos that closed off federal waters to offshore drilling, telling a Louisiana federal judge that the memos were clearly unconstitutional.

  • September 09, 2025

    Calif. Bashes EPA's Effort To Toss Truck Emissions Petitions

    California, along with a group of states and cities, urged the Ninth Circuit on Monday to reject the U.S. Environmental Protection Agency's motion to dismiss petitions challenging Clean Air Act waivers allowing the Golden State to make its own truck emissions standards, saying separate litigation should first play out.

  • September 09, 2025

    McKinsey Expects $106T Global Infrastructure Spend By 2040

    McKinsey said in a report Tuesday that over the next 15 years, $106 trillion is needed worldwide to keep up with demand for new and improved infrastructure, an industry that's expanding in definition along with advances in technology.

  • September 09, 2025

    Poland Gets DC Judge To Block $40M Award Enforcement

    A D.C. federal judge has refused to enforce a now-annulled $40 million arbitral award issued to the parent company of what was once Poland's largest independent petrochemical and oil product trader, saying he is obligated to defer to a seminal ruling from Europe's highest court.

  • September 09, 2025

    Public Safety Officials Share Needs For NextGen 911

    Emergency response officials testified on Tuesday about what is needed to fully deploy Next Generation 911 nationwide, which primarily includes sufficient funding.

  • September 09, 2025

    Russia Keeps Fighting $34M Ukraine Gas Award At DC Circ.

    The Russian Federation has asked the D.C. Circuit to reject efforts by Ukrainian gas companies, including Stabil LLC, to enforce a $34 million arbitral award, disputing once again that an arbitration agreement was ever formed and arguing that the country has foreign sovereign immunity.

  • September 09, 2025

    Azure Power Investors Get Final OK Of $23M Settlement

    A New York federal judge granted final approval to a $23 million settlement between India-based solar energy company Azure Power and investors accusing it of misrepresenting its compliance with anti-corruption and anti-bribery laws, and the methods through which it won bids for projects.

  • September 09, 2025

    Roberts Pauses Foreign Aid Distribution For Now

    Chief Justice John Roberts on Tuesday temporarily stayed a lower court's order requiring the Trump administration to release roughly $4 billion in frozen foreign aid while the U.S. Supreme Court considers a longer-term solution. 

  • September 09, 2025

    Post-Chevron, DC Circ. Again Backs FERC Solar Ruling

    The D.C. Circuit on Tuesday stuck to a decision backing the Federal Energy Regulatory Commission's conclusion that a hybrid solar facility qualified for small-scale power producer perks, following a U.S. Supreme Court-ordered rethink due to the elimination of the so-called Chevron deference.

  • September 09, 2025

    1st Circ. Says Insurer Must Defend Heating Oil Class Action

    An insurer for a heating oil company must defend the company in a Massachusetts class action accusing it of damaging customers' heating equipment by adding too much biodiesel to its heating oil, the First Circuit ruled, finding the company's provision of the oil to customers constituted separate occurrences.

  • September 09, 2025

    Tribes, Enviro Orgs. Urge 9th Circ. To Halt Oak Flat Land Swap

    The U.S. and a copper mining company can't defend a federal law authorizing a land exchange in Arizona's Tonto National Forest, conservation groups and an Apache tribe told the Ninth Circuit on Monday, arguing that requirements for mining the site are unmet due to an inadequate final environmental impact statement.

  • September 09, 2025

    Cenovus Energy Selling WRB Refining Stake For $1.4B

    Cenovus Energy said Tuesday it has struck a deal to sell its 50% stake in WRB Refining LP to Phillips 66 for $1.4 billion, as the Canadian energy company cashes out of a long-standing refining partnership.

  • September 08, 2025

    Texas Data Center Campus Developer Files For IPO

    Former U.S. energy secretary Rick Perry's Fermi America filed for an initial public offering Monday, guided by Haynes and Boone LLP and Vinson & Elkins LLP.

  • September 08, 2025

    3rd Circ.'s Grid-Planning Ruling Will Coax States To Play Ball

    A Third Circuit decision limiting states' ability to block transmission projects already greenlighted by regional grid operators could make a federal overhaul of transmission planning policies more appealing, even as several states and utilities pursue litigation to block the changes.

  • September 08, 2025

    Chamber Accuses Mich. Of 'Gamesmanship' In Pipeline Fight

    The U.S. Chamber of Commerce has urged the Supreme Court to rule that judges have the power to waive the deadline to transfer a lawsuit to federal court in special circumstances, saying Michigan shouldn't be allowed to play procedural games to keep a case against energy infrastructure firm Enbridge Energy LP in state court. 

Expert Analysis

  • Opinion

    Closing The Chemical Safety Board Is A Mistake

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    The U.S. Chemical Safety and Hazard Investigation Board, which investigates the root causes of major chemical incidents, provides an essential component of worker and community safety and should not be defunded, says Reuben Guttman at Guttman Buschner.

  • M&A Ruling Reinforces High Bar For Aiding, Abetting Claims

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    The Delaware Supreme Court's recent decision in In re: Columbia Pipeline may slow the filing of aiding and abetting claims against third-party buyers in situations where buyers negotiate aggressively, putting buy-side dealmakers' minds at ease that they likely won't be liable for seeking the best possible deal, say attorneys at Simpson Thacher.

  • Series

    Creating Botanical Art Makes Me A Better Lawyer

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    Pressing and framing plants that I grow has shown me that pursuing an endeavor that brings you joy can lead to surprising benefits for a legal career, including mental clarity, perspective and even a bit of humility, says Douglas Selph at Morris Manning.

  • Opinion

    PFAS Reg Reversal Defies Water Statute, Increasing Risks

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    The U.S. Environmental Protection Agency's recent moves delaying the deadlines to comply with PFAS drinking water limits, and rolling back other chemical regulations, violate the Safe Drinking Water Act, and increase the likelihood that these toxins could become permanent fixtures of the water supply, says Vineet Dubey at Custodio & Dubey.

  • Opinion

    The Legal Education Status Quo Is No Longer Tenable

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    As underscored by the fallout from California’s February bar exam, legal education and licensure are tethered to outdated systems, and the industry must implement several key reforms to remain relevant and responsive to 21st century legal needs, says Matthew Nehmer at The Colleges of Law.

  • E-Discovery Quarterly: Rulings On Relevance Redactions

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    In recent cases addressing redactions that parties sought to apply based on the relevance of information — as opposed to considerations of privilege — courts have generally limited a party’s ability to withhold nonresponsive or irrelevant material, providing a few lessons for discovery strategy, say attorneys at Sidley.

  • Opinion

    9th Circ. Customs Fraud Ruling Is Good For US Trade

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    In an era rife with international trade disputes and tariff-evasion schemes that cost billions annually, the Ninth Circuit's recent decision in Island Industries v. Sigma is a major step forward for trade enforcement and for whistleblowers who can expose customs fraud, say attorneys at Singleton Schreiber.

  • Opinion

    Section 1983 Has Promise After End Of Nationwide Injunctions

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    After the U.S. Supreme Court recently struck down the practice of nationwide injunctions in Trump v. Casa, Section 1983 civil rights suits can provide a better pathway to hold the government accountable — but this will require reforms to qualified immunity, says Marc Levin at the Council on Criminal Justice.

  • Trump's 2nd Term Puts Merger Remedies Back On The Table

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    In contrast with the Biden administration, the second Trump administration has signaled a renewed willingness to resolve merger enforcement concerns through remedies from the outset, particularly when the proposed fix is structural, clearly addresses the harm and does not require burdensome oversight, say attorneys at Cooley.

  • What EPA Chemical Data Deadline Extension Means For Cos.

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    The U.S. Environmental Protection Agency's extension for manufacturers and importers of 16 chemical substances to report unpublished health and safety studies under the Toxic Substances Control Act could lead to state regulators stepping into the breach, while creating compliance risks and uncertainty for companies, say attorneys at Holland & Knight.

  • Series

    Playing Soccer Makes Me A Better Lawyer

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    Soccer has become a key contributor to how I approach my work, and the lessons I’ve learned on the pitch about leadership, adaptability, resilience and communication make me better at what I do every day in my legal career, says Whitney O’Byrne at MoFo.

  • Series

    Law School's Missed Lessons: Learning From Failure

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    While law school often focuses on the importance of precision, correctness and perfection, mistakes are inevitable in real-world practice — but failure is not the opposite of progress, and real talent comes from the ability to recover, rethink and reshape, says Brooke Pauley at Tucker Ellis.

  • How Justices' Ruling On NEPA Reviews Is Playing Out

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    Since the U.S. Supreme Court's May decision in Seven County Infrastructure Coalition v. Eagle County, narrowing the scope of agencies' required reviews under the National Environmental Policy Act, the effects of the ruling are starting to become visible in the actions of lower courts and the agencies themselves, say attorneys at Saul Ewing.

  • Deep-Sea Mining Outlook Murky, But May Be Getting Clearer

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    U.S. companies interested in accessing deep-sea mineral resources face uncertainty over new federal regulations and how U.S. policy may interact with pending international agreements — but a Trump administration executive order and provisions of the One Big Beautiful Bill Act should help bring clarity, say attorneys at Holland & Knight.

  • AI Infrastructure Growth Brings Unique IP Considerations

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    The explosive rise of artificial intelligence has triggered an equally dramatic transformation in the supporting infrastructure required to meet growing AI demand, and the technology used in these data centers has its own intellectual property considerations to navigate, says Vincent Allen at Carstens Allen.

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