Analysis

High Court Case Looms Over State Climate Superfund Fights

By Keith Goldberg

A federal judge has dealt a blow to the viability of state climate change Superfund laws, although experts say the ruling may ultimately be marginalized by a looming U.S. Supreme Court decision on the future of climate tort litigation against fossil fuel companies.

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EPA Grants 29 Small Refiners Renewable Fuel Exemptions

By Tom Lotshaw

The U.S. Environmental Protection Agency said it has decided to exempt 29 small refiners from a total of nearly 1.8 billion gallons of renewable fuel blending requirements for the 2025 compliance year.

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Interior Board Stays BLM Data Center Approval In Nevada

By Tom Lotshaw

A U.S. Department of the Interior appeals board said Tuesday that environmental groups are likely to show that officials violated the National Environmental Policy Act when they used a review completed for a solar power generation facility to approve the first-ever data center on federal land.

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GM Can't Escape Fla. EV Charger Defect Class Action

By Jonathan Capriel

A Florida federal judge largely rejected GM's attempt to dismiss a proposed class action over its Ultium electric vehicle chargers, allowing a couple's deceptive trade practice claims to proceed on the theory that the automaker hid defects causing the chargers to repeatedly fail and overheat.

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Colo. Panel Mulls Enviro Groups' Challenge To Emission Rule

By Rachel Konieczny

Environmental advocacy groups urged a Colorado appellate court to revive their challenge to a state agency's rule on emissions monitoring, arguing Tuesday that the rule allows most polluters to escape certain monitoring requirements by paying a fee, while the judges focused counsel on questions of statutory interpretation.

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SB Energy Launches Plans For Anticipated $5B IPO

By Jade Martinez-Pogue

Power generation infrastructure company SB Energy has filed plans to raise roughly $5 billion in its initial public offering steered by Latham & Watkins LLP and Davis Polk & Wardwell LLP.

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X.AI Neighbors Defend Miss. Data Center Noise Claims

By Isaac Monterose

A proposed class of Mississippi residents on Monday fought X.AI Corp.'s motion for dismissal of several claims in their nuisance suit, arguing that they've sufficiently alleged that Elon Musk's tech giant has harmed them by building a noisy industrial gas power plant in the city of Southaven that powers data centers.

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Clifford Chance Can Arbitrate $3.5M Congo Fee Dispute

By Caroline Simson

An Australian judge on Tuesday denied Equatorial Resources Ltd.'s attempt to block its former counsel at Clifford Chance LLP from seeking arbitration over a roughly $3.46 million unpaid legal bill, incurred as the mining company pursues a claim worth up to $1.9 billion against the Republic of Congo.

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DOE Energy Financing Overhaul Opens Paths For Developers

The U.S. Department of Energy's Office of Energy Dominance Financing is now positioned to be a key source of support for energy and critical minerals development in the U.S., creating opportunities for companies seeking to advance projects that align with administration priorities, say attorneys at Mayer Brown.

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Thomson Reuters Cyberattack Hits North American Courts

By Bonnie Eslinger

A recent cyberattack on Thomson Reuters' court management software affected files associated with court systems in 11 states, the U.S. Virgin Islands and Canada, and may have exposed sealed documents and individuals' personal information, according to a Wednesday announcement from the technology and information services company.

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Calif. Bill Regulating Atty AI Use Heads To Newsom's Desk

By Emily Sawicki

A bill regulating attorneys' and arbitrators' use of generative artificial intelligence has unanimously passed the California State Legislature and is headed to Gov. Gavin Newsom's desk.

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'Astonished' Homebuyer Says Atty Email Lapse Caused Hack

By Pete Brush

A New York City law firm has been ordered to provide internet security and login information to a homebuyer who claims she was left in "shock" when an impostor with access to her lawyer's email tricked her into wiring away over $730,000.

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House Rejects Amendment To Fix Court At 9 Justices

By Courtney Bublé

The House failed to pass a proposed constitutional amendment on Wednesday that would keep the number of U.S. Supreme Court justices at nine.

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Dems Call Subpoenas' Secrecy Request 'Abuse Of Authority'

By Aneeta Mathur-Ashton

Democratic lawmakers Sen. Ron Wyden, Ore., and Rep. Pramila Jayapal, Wash., have called for an investigation into subpoenas issued from federal law enforcement to private companies that contain nondisclosure provisions and carry threats of legal consequences for noncompliance.

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Tyson's Price-Fixing Deal Merits $27.5M Atty Fees, Buyers Say

By Dorothy Atkins

Beef direct purchasers asked a Minnesota federal judge Tuesday to award class counsel $27.5 million in fees, or one-third of Tyson's $82.5 million price-fixing settlement, arguing that the deal was reached after six years of hard-fought antitrust litigation and adds to another settlement, bringing the total recovery to $135 million.

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JPMorgan Seeks Stay Of $20M Javice, Amar Fee Order

By Jarek Rutz

JPMorgan Chase & Co. urged the Delaware Chancery Court on Wednesday to pause enforcement of an order requiring it to advance more than $20 million in disputed legal fees to convicted Frank founder Charlie Javice and former executive Olivier Amar, arguing the bank could permanently lose the money before it gets a chance to challenge the ruling.

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ABA Outlines Attys' Duties To Clients With Intellectual Limits

By Jack Karp

Attorneys have the same obligations to clients with decision-making limitations, should abide by those clients' decisions regarding their representation and must work to maintain an ordinary client-lawyer relationship as much as possible, the American Bar Association said in an opinion released Wednesday.

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