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Energy
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October 08, 2025
Utah Tribe Appeals Denial To Fight $16M Ovintiv Air Deal
The Ute Indian Tribe of the Uintah and Ouray Reservation is appealing a federal district court decision that denied its intervention to challenge a $16 million Clean Air Act consent decree between the U.S. government and Ovintiv USA Inc.
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October 08, 2025
Exxon Retail Voting Program Green Light Inspires Other Cos.
The U.S. Securities and Exchange Commission's recent green light of Exxon Mobil Corp.'s program to enable automated proxy voting for retail investors has sparked interest among other firms exploring implementing their own such programs, as the oil and gas giant moves to counter activist groups.
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October 08, 2025
Welder Asks Fla. High Court To Revive Whistleblower Claims
A welder mechanic asked the Florida Supreme Court on Wednesday to revive his whistleblower retaliation claims against his former employer, Gulf Power Co., arguing that state law requires only that he reasonably believed a violation of law or regulation occurred, not that he have to prove an actual violation.
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October 08, 2025
Oil Terminal Sale May Tank Conn. Climate Suit, Judge Hints
A Connecticut federal judge appeared sympathetic Wednesday to Pike Fuels' argument that an environmental nonprofit is not suing the correct party over alleged permit violations at a bulk storage and fuel terminal in New Haven, since the defendant sold the facility at issue more than a year ago.
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October 08, 2025
FirstEnergy Investors Seek Clarity On 6th Circ. Privilege Order
FirstEnergy investors asked the Sixth Circuit Wednesday to clarify a recent ruling blocking them from accessing internal investigation documents in a lawsuit over a $1 billion bribery scandal, arguing that the company is holding up depositions due to its misreading of the court's opinion.
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October 08, 2025
Battery Maker Enovix Gets Investor Suit Trimmed Again
A California federal judge has pared an investor lawsuit against lithium battery maker Enovix to a single claim, after finding that two allegedly misleading statements by the company about its production equipment testing were significantly taken out of context.
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October 08, 2025
Pioneer Used Winter Storm To Dodge Obligations, Court Told
Pioneer Natural Resources USA Inc. failed to meet its end of a natural gas sale contract and cannot use Winter Storm Uri to dodge its obligations, an energy trading company told a Texas federal court during closing statements on Wednesday.
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October 08, 2025
Heritage Coal's Ch. 11 Plan Ignores Enviro Laws, States Say
Maryland, Pennsylvania and the creditors committee of Heritage Coal have objected to its Chapter 11 liquidation plan, telling a Delaware bankruptcy judge that legal releases should be pared down and the states saying it doesn't address their environmental laws.
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October 08, 2025
Power Cos. Want In On Challenge To W.Va. Regional Haze Plan
American Electric Power Co. Inc. and FirstEnergy Corp. subsidiaries are asking the Fourth Circuit to uphold a federally approved air quality plan for West Virginia that spared their facilities from some potentially expensive upgrades.
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October 08, 2025
Biz Groups Back Ariz. Land Swap Amid 9th Circ. Appeal
The U.S. Chamber of Commerce and a slew of mining associations are backing the federal government's efforts to nix a Ninth Circuit appeal that looks to block the transfer of more than 2,500 acres within Arizona's Tonto National Forest to a copper mining company.
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October 08, 2025
Retirees Can't Show Losses From Pension Deal, Judge Says
An aerospace materials manufacturer shouldn't face a proposed class action alleging it violated federal benefits law when it converted $1.5 billion in pension obligations to risky insurance-backed annuities, a Pennsylvania federal judge recommended Tuesday, saying retirees hadn't demonstrated that the transaction diminished their benefits.
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October 08, 2025
Fla. Reactor Owner Sues Feds For Spent Fuel Storage Costs
The owner of a shuttered nuclear reactor north of Tampa, Florida, hit the federal government with a suit seeking damages for the cost of storing radioactive waste the U.S. Department of Energy allegedly promised to take years ago.
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October 07, 2025
In Latest PacifiCorp Trial, 8 Ore. Fire Victims Seek Damages
The latest PacifiCorp wildfire trial started Tuesday with opening statements describing the fear, displacement and trauma experienced by eight people, including a jewelry maker and a competitive horseback rider.
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October 07, 2025
5th Circ. Queries If ChampionX Covered In $40M Oil Spill Suit
A Fifth Circuit panel Tuesday pressed ChampionX Corp. to explain how it can pursue a lawsuit in Texas seeking to make multiple insurers pay for its defense in a $40 million oil spill lawsuit if the underlying policies don't name it.
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October 07, 2025
Feds Sue SoCal Edison Over 2019 Saddleridge Wildfire Costs
The U.S. government filed a lawsuit Tuesday in California federal court over damage caused to National Forest System land by the 2019 Saddleridge Fire in Los Angeles County, saying Southern California Edison was responsible for the blaze.
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October 07, 2025
Puerto Rico Utility Bondholders Pull Out Of Reorg Deal
A group of Puerto Rico Electric Power Authority bondholders Tuesday informed a bankruptcy judge that they were following through on a promise to exit a restructuring agreement and join other bondholders in supporting an alternative bankruptcy plan for PREPA.
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October 07, 2025
4 Oral Argument Sessions Benefits Attys Should Watch In Oct.
The Second Circuit will hear from Teamsters looking to revive a proposed class action alleging mismanagement of a multiemployer pension plan, while Alcoa will ask the Seventh Circuit to overturn a ruling requiring the aluminum maker to cover union retirees' healthcare for life. Here, Law360 looks at four arguments that benefits attorneys should have on their radar this month.
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October 07, 2025
3 Firms Guide Real Estate-Focused SPAC's $200M IPO
Blank-check company BOA Acquisition Corp. II filed plans Monday for a $200 million initial public offering guided by Paul Hastings LLP, Maples and Calder LLP and Proskauer Rose LLP, saying it is seeking to invest directly in real estate and infrastructure assets.
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October 07, 2025
Senate Confirms FERC Republican Nominees
The U.S. Senate on Tuesday confirmed President Donald Trump's picks to fill Republican slots on the Federal Energy Regulatory Commission, giving the GOP a 3-2 majority at the agency.
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October 07, 2025
Duke Gas Rate Increase Was Improper, Ohio High Court Hears
Duke Energy's Ohio utility shouldn't be allowed to collect $17 million from ratepayers to cover now-shuttered underground caverns used to store propane, the state's utility consumer advocate told the Ohio Supreme Court on Tuesday.
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October 07, 2025
NJ Justices Won't Disturb Locke Lord Win In Oil Co.'s Suit
The New Jersey Supreme Court has declined to review a lower appellate court decision handing a victory to Locke Lord LLP over malpractice claims from an oil processing company on the grounds that the firm does not have a significant connection to New Jersey and cannot be sued in the state's courts.
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October 07, 2025
Mich. Court Scraps Ruling That Affirmed Solar Farm Permit
A Michigan state appeals court tossed a ruling that upheld a township's permit for an Invenergy subsidiary's industrial-scale solar farm, concluding that its board of trustees failed to sufficiently explain or provide a basis for its decision.
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October 07, 2025
White & Case Lands Akin Energy Ace In Houston
White & Case LLP announced Tuesday that it has expanded its global mergers and acquisitions practice and global energy industry group with a partner in Houston who arrived from Akin Gump Strauss Hauer & Feld LLP.
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October 07, 2025
Pa. Justices Wary Of Lifting Corporate Veil To Beat Time Limit
Members of Pennsylvania's Supreme Court seemed skeptical of a bid by asbestos claimants to sue the parent company of a defunct industrial firm, pointing to a two-year time limit for claims against the dissolved subsidiary.
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October 07, 2025
Cos., Mass. Town End $50M Earth Removal Permit Bylaw Suit
A construction supplies company and its quarry operator have agreed to permanently bring an end to their more than $50 million suit challenging a Massachusetts town's amended bylaw for earth removal permits that allegedly impeded the plaintiff's quarry operations, according to a stipulation of dismissal filed in Massachusetts federal court.
Expert Analysis
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Opinion
Address Nationwide Injunction Issues With Random Venues
Many of the qualms about individual district court judges' authority to issue nationwide injunctions could be solved with a simple legislative solution: handling multiple complaints about the same agency action filed in different district courts by assigning a venue via random selection, says Harvey Reiter at Stinson.
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Series
Adapting To Private Practice: From US Attorney To BigLaw
When I transitioned to private practice after government service — most recently as the U.S. attorney for the Eastern District of Virginia — I learned there are more similarities between the two jobs than many realize, with both disciplines requiring resourcefulness, zealous advocacy and foresight, says Zach Terwilliger at V&E.
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The Ins And Outs Of Consensual Judicial References
As parties consider the possibility of judicial reference to resolve complex disputes, it is critical to understand how the process works, why it's gaining traction, and why carefully crafted agreements make all the difference, say attorneys at Pillsbury.
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Opinion
The BigLaw Settlements Are About Risk, Not Profit
The nine Am Law 100 firms that settled with the Trump administration likely did so because of the personal risk faced by equity partners in today's billion‑dollar national practices, enabled by an ethics rule primed for modernization, says Adam Forest at Scale.
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House Bill Tax Tweaks Would Hinder Renewable Projects
Provisions in the budget reconciliation bill recently passed by the U.S. House of Representatives would rapidly phase out clean energy tax credits, constrain renewable energy financing arrangements and impose sweeping restrictions on projects with foreign ties, which may create compliance and supply chain issues for many developers, say attorneys at Paul Hastings.
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Buyer Beware Of Restrictive Covenants In Delaware
Based on recent Delaware Chancery Court opinions rejecting restricted covenants contained in agreements in the sale-of-business context, businesses need to craft narrowly tailored restrictions that have legitimate interests, say attorneys at Saul Ewing.
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Series
Brazilian Jiujitsu Makes Me A Better Lawyer
Competing in Brazilian jiujitsu – often against opponents who are much larger and younger than me – has allowed me to develop a handful of useful skills that foster the resilience and adaptability necessary for a successful legal career, says Tina Dorr of Barnes & Thornburg.
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Key Steps For Traversing Federal Grant Terminations
For grantees, the Trump administration’s unexpected termination or alteration of billions of dollars in federal grants across multiple agencies necessitates a thorough understanding of the legal rights and obligations involved, either in challenging such terminations or engaging in grant termination settlements and closeout procedures, say attorneys at Holland & Knight.
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Opportunities And Challenges For The Texas Stock Exchange
While the new Texas Stock Exchange could be an interesting alternative to the NYSE and the Nasdaq due to the state’s robust economy and the TXSE’s high-profile leadership and publicity opportunities for listings, its success as a national securities exchange may hinge on resolving questions about its regulatory and cost advantages, say attorneys at Norton Rose.
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Energy Order Brings Risks For Lenders And Borrowers Alike
A recent executive order directing the attorney general to submit a report next month with recommendations for halting enforcement of state laws the administration says are hampering energy resources presents risks for lenders and borrowers using state-generated carbon credits, but proactive steps now can help insulate against adverse consequences, say attorneys at Faegre Drinker.
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What's At Stake As Trump Admin Targets Carbon Markets
Trading in greenhouse gas emissions and reductions has long been touted as a way to leverage market forces to tackle climate change cost-effectively, and that theory may be put to the test amid momentous progress and fresh challenges, particularly as the Trump administration takes aim at climate initiatives, say attorneys at DLA Piper.
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Series
Power To The Paralegals: An Untapped Source For Biz Roles
Law firms looking to recruit legal business talent should consider turning to paralegals, who practice several key skills every day that prepare them to thrive in marketing and client development roles, says Vanessa Torres at Lowenstein Sandler.
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Using Federal Forum Provisions To Nix State Securities Cases
A California appeals court's recent decision in Bullock v. Rivian clarifies that underwriters may enforce federal forum provisions to escape state court Securities Act claims, marking progress in restoring such lawsuits to federal court and reducing the litigation costs arising from duplicative state court litigation, say attorneys at Paul Weiss.
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Tariff Strategies For The US Renewable Energy Sector
The Trump administration's tariff actions over the last few months are challenging for the renewable energy industry — but there are strategies for contending with the uncertainty, including diversifying supply chains, seeking certification about equipment origins, and adding tariff-related language to supply contracts and offtake agreements, say attorneys at Sheppard Mullin.
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Series
Playing Poker Makes Me A Better Lawyer
Poker is a master class in psychology, risk management and strategic thinking, and I’m a better attorney because it has taught me to read my opponents, adapt when I’m dealt the unexpected and stay patient until I'm ready to reveal my hand, says Casey Kingsley at McCreadyLaw.