Voters on ballot questions across the country Tuesday broadly opposed building new data center projects, with Ohio voters enacting roadblocks to projects pitched by Amazon, Meta and others, in an electoral test for the buildout of artificial intelligence infrastructure.
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THURSDAY, NOVEMBER 5, 2026 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

MIDTERMS

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Ohio Voters Lead Data Center Pushback In Ballot Questions

By Nate Beck

Voters on ballot questions across the country Tuesday broadly opposed building new data center projects, with Ohio voters enacting roadblocks to projects pitched by Amazon, Meta and others, in an electoral test for the buildout of artificial intelligence infrastructure.

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Dems Win Control Of Georgia Public Service Commission

By Gautama Mehta

Voters in Georgia flipped Republican control of the state's Public Service Commission, which regulates investor-owned utilities, in a pair of races that attracted unusually high political spending amid rising electricity prices and a massive data center buildout.

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Ga. Adopts Farming Tax Break, Mich. Limits Utility Donations

By Gautama Mehta

Voters in seven states were set to decide closely watched environmental ballot measures, including whether California should speed up environmental reviews, if Colorado should codify a "right to natural gas," and if Michigan should tighten campaign finance restrictions on the utility industry.

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Mich. Voters Approve Limits On Utility Campaign Donations

By Melanie Dorsey

Michigan voters approved a statewide ballot proposal Tuesday restricting campaign contributions from certain regulated utilities and government contractors,while Ann Arbor voters opposed a separate measure establishing a municipal electric utility that could eventually replace DTE Energy as the city's electricity provider.

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TOP NEWS

Energy Co. Directors Sued Over China Supply Chain Claims

By Keith Goldberg

The top brass of Bloom Energy Corp. on Tuesday were hit with another lawsuit claiming they misled shareholders by understating the extent to which the renewable energy company depended on Chinese scandium, a critical raw material used in its fuel cells.

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Icahn-Backed Firm Paying $4.2B For Marathon Oil Assets

By Al Barbarino

Carl Icahn-backed CVR Energy said Tuesday it has agreed to buy two refineries and a related marketing business from Marathon Petroleum and its affiliates for approximately $4.2 billion in a deal that would nearly double its refining capacity.

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Latham-Led I Squared Wraps $2.4B Infrastructure Credit Fund

By Jade Martinez-Pogue

Latham & Watkins LLP-advised infrastructure investor I Squared Capital on Tuesday revealed that it closed its second infrastructure credit fund with over $2.4 billion of committed capital.

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Tribe Says Pipeline Harm Statement Shouldn't Be Dismissed

By Joyce Hanson

A Native American tribe has asked a D.C. federal judge not to strike its natural resources director's statement about potential harm the Army Corps of Engineers will cause by allowing Enbridge Energy to reroute 41 miles of a pipeline around the tribe's lands.

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POLICY & REGULATION

Brief

China, Peru Modernize Free Trade Agreement

By Jack McLoone

China and Peru have updated their bilateral trade treaty to both update existing provisions and add new ones aimed at addressing changes in commerce and global trade since the deal was first reached in 2009, the two countries said.

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Brief

Oil Pipes From Austria, Taiwan, UAE Face Duties

By Jack McLoone

Pipes known as oil country tubular goods imported from Austria, Taiwan and the United Arab Emirates could be hit with double-digit antidumping duties after the U.S. Department of Commerce preliminarily found on Tuesday that they are being sold at less than fair value.

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OIL AND GAS

Shell Selling North West Shelf Stake To XRG For $1.45B

By Al Barbarino

Shell PLC's Australian subsidiary has agreed to sell its 16.67% stake in Western Australia's North West Shelf liquefied natural gas project to United Arab Emirates-based XRG PJSC for $1.45 billion, the companies said Tuesday. 

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DATA CENTERS

Nonprofits Seek To Halt Texas Data Center Support Projects

By Isaac Monterose

Public Citizen and the Sierra Club urged a Texas federal court to pause the construction of power plants and backup diesel generators for two data center campuses in the state, claiming their members will be harmed if the work continues.

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RENEWABLES

Trade Court Finds US Solar Coalition's Duty Challenge Moot

By Jack McLoone

The U.S. Court of International Trade dismissed as moot a suit brought by U.S. solar manufacturers challenging U.S. International Trade Commission determinations regarding harm caused by Cambodian and Thai solar cell imports because the at-issue entries have already been processed. 

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ELECTRIC VEHICLES

Rivian Brass Reaches Deal To End Post-IPO Price Hike Suit

By Sydney Price

Rivian Automotive Inc. executives and the company's investors Tuesday filed a notice telling a California federal court they reached a settlement to end derivative claims Rivian hid the true price of manufacturing its electric vehicles ahead of its initial public offering.

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MINING

W.Va. Coal Mine Opponents Defend Permit Vacatur At 4th Circ.

By Tom Lotshaw

Environmental groups told the Fourth Circuit that a West Virginia federal judge was right to scrap a Clean Water Act permit that allowed Republic Energy LLC to bury 20,000 feet of valley streams with fill from surface coal mining.

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EXPERT ANALYSIS

Consistency Is Key In Pipeline Incident Investigations

A pipeline release that causes worker injury does not trigger one investigation, but five or more, running on different timetables, under different statutes, and new federal procedures may soon add more complexity — but companies must maintain one centralized record to ensure consistency throughout, say attorneys at Squire Patton.

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Patent Suits Highlight Risks Across Data Center Supply Chain

Recent patent disputes involving technologies that support artificial intelligence data centers showcase the growing litigation risks that data center suppliers and operators face, and raise questions about how litigation responsibilities may be allocated between them, say attorneys at Katten.

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10 Ways AI Labs Can Limit Antitrust Risks Of Safety Pacts

The OpenAI CEO’s recent call for artificial intelligence laboratories to collectively slow development to allow safety research to catch up invites antitrust scrutiny, but the risks to coordinating competitors can be managed by carefully structuring pacing agreements and layering their approach to compliance, say attorneys at Holland & Knight.

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LEGAL INDUSTRY

Gibson Dunn Set To Bring On 120 Lawyers From Weil

By Daniel Moritz-Rabson and Marialuisa Taddia

Gibson Dunn is set to hire the U.S. and London-based private funds teams from Weil Gotshal & Manges LLP, bringing on 120 attorneys in the largest group move reported since Weil's management committee recommended last week that the firm wind down operations.

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Analysis

Midterm Dem Wins To Scramble Lit Funding Legislative Efforts

By Ryan Boysen

Litigation funders can rest easy, for now, and the U.S. Chamber of Commerce will need to rethink its approach after last night's midterm elections saw Democrats rout Republicans, scrambling a yearslong effort for federal regulation of litigation finance that's so far relied on Republicans.

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State AG Race Wins Set To Give Dems Control Of Most Offices

By Madison Arnold

Democrats are poised to oversee a majority of state attorneys general offices around the country after Tuesday's elections saw the party hang on to all of its existing seats and flip control of five offices from the Republicans, according to unofficial election results.

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Goldstein Ordered To Pay Trimmed $1M Forfeiture

By Nadia Dreid

Former SCOTUSblog publisher Tom Goldstein was hit with a $1 million forfeiture order Wednesday by a Maryland federal judge in the wake of his tax and mortgage fraud trial, where the appellate advocate was convicted on a dozen charges.

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Analysis

Attys Ensure Voters' 'Right To Be Heard' In Midterm Elections

By James Boyle and Lynn LaRowe

From BigLaw attorneys and solo practitioners to university professors, thousands of attorney volunteers turned out for Tuesday's midterm elections to ensure American voters' ballots would be counted.

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DOJ Says Epshteyn Will Answer ABA Service Motion

By Jared Foretek

Trump advisor Boris Epshteyn will answer for himself why he has allegedly been evading subpoenas in the American Bar Association's legal challenge to the administration's law firm targeting campaign, the U.S. Department of Justice said on Wednesday.

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Holland & Hart Cost Ex-Client $23M Stake In Co., Suit Says

By Zach Dupont

Holland & Hart LLP and two of its attorneys were accused of malpractice in Colorado state court Tuesday by a former client who claims the attorneys failed to inform her that a wealth transfer plan with her then-husband left her iced out of the couple's most valuable asset.

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DOJ Accused Of Unlawfully Ending Crime Victim Agreement

By Tom Lotshaw

The National Crime Victim Law Institute has accused the U.S. Department of Justice in the U.S. Court of Federal Claims of unlawfully terminating a $500,000 cooperative agreement aimed at strengthening legal support for disabled crime victims in the wake of an executive order against diversity, equity and inclusion programs.

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Former DOJ Officials See Mixed Results In Midterm Races

By Chris Villani

The 2026 midterm elections included bids for office by several former U.S. Department of Justice officials and nominees for the federal bench, with one race a dead heat and several others decided as of early Wednesday.

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COMPANIES IN TODAY'S NEWS

Amazon.com Inc.

American Bar Association

Anthropic PBC

Appalachian Mountain Advocates

Arcelormittal Texas HBI LLC

Ben & Jerry's Homemade Inc.

Bloom Energy

CNOOC Limited

CVR Energy Inc.

Canadian Solar Inc.

Chevron Corp.

CoreSite Realty Corp.

DTE Energy Co.

Earthjustice

Enbridge Energy Partners LP

Ennis Inc.

Environmental Integrity Project

Equinix Inc.

Hensel Phelps Construction

Hewlett Packard Enterprise Co.

I Squared Capital Advisors LLC

International Legal Finance Association

JPMorgan Chase & Co.

Line 5 LLC

LinkedIn Corp.

Lumen Technologies Inc.

MPLX LP

Marathon Petroleum Corp.

NTT Data Corp.

NVIDIA Corp.

Omni Bridgeway Ltd.

OpenAI OpCo LLC

Public Citizen Inc.

Rivian Automotive LLC

Schneider Electric

Shell PLC

Sierra Club

Space Exploration Technologies Corp.

The Associated Press

The Lawyers' Committee for Civil Rights Under Law

Trafigura Group Pte. Ltd.

Trina Solar Ltd.

U.S. Chamber of Commerce

Vantage Data Centers

Vertiv Inc.

VoltaGrid LLC

Woodside Energy Ltd.

LAW FIRMS IN TODAY'S NEWS

Alston & Bird

Blank Rome

Clare & Scott

Cooley LLP

Foley & Lardner

Freshfields

Gibson Dunn

Goldstein & Russell

Goodwin Procter

Grabar Law

Hogan Lovells

Holland & Hart

Holland & Knight

Holtzman Vogel

Hunton Andrews

Jackson Kelly PLLC

Jones Day

Katten Muchin

Kirkland & Ellis

Latham & Watkins

Morgan Lewis

Proskauer Rose

Quinn Emanuel

Reed Smith

Rigrodsky Law

Robbins LLP

Simpson Thacher & Bartlett

Springer & Steinberg

Squire Patton

Steptoe LLP

Susman Godfrey

Trade Pacific PLLC

Troutman

Vinson & Elkins

Weil Gotshal

WeissLaw LLP

Wiley Rein

GOVERNMENT AGENCIES IN TODAY'S NEWS

Arkansas Natural Resources Commission

Bad River Band of Lake Superior Chippewa Tribe

Delaware Court of Chancery

European Union

Executive Office of the President

International Trade Administration

International Trade Commission

Mine Safety and Health Administration

National Transportation Safety Board

New York Attorney General's Office

Nuclear Regulatory Commission

Occupational Safety and Health Administration

Office of Justice Programs

Ohio Supreme Court

Tennessee Department of Health

Texas Commission on Environmental Quality

U.S. Army Corps of Engineers

U.S. Court of Appeals for the Fifth Circuit

U.S. Court of Appeals for the Fourth Circuit

U.S. Customs and Border Protection

U.S. Department of Commerce

U.S. Department of Justice

U.S. Department of Labor

U.S. Department of Transportation

U.S. District Court for the Central District of California

U.S. District Court for the District of Columbia

U.S. District Court for the District of Maryland

U.S. District Court for the Eastern District of New York

U.S. District Court for the Eastern District of Texas

U.S. District Court for the Northern District of California

U.S. District Court for the Western District of Texas

U.S. Drug Enforcement Administration

U.S. Environmental Protection Agency

U.S. Immigration and Customs Enforcement

U.S. Navy

U.S. Senate

U.S. Supreme Court

United States District Court for the District of Colorado

United States District Court for the District of Montana

Wage and Hour Division

Wisconsin Department of Natural Resources