U.S. Supreme Court justices on Monday appeared reluctant to endorse the argument that climate change lawsuits brought by state and local governments against fossil fuel companies are constitutionally prohibited, even as they questioned whether such lawsuits can be sustained.
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WEDNESDAY, OCTOBER 7, 2026 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

TOP NEWS

Justices Unsure Climate Lawsuits Are A Constitutional Matter

By Keith Goldberg

U.S. Supreme Court justices on Monday appeared reluctant to endorse the argument that climate change lawsuits brought by state and local governments against fossil fuel companies are constitutionally prohibited, even as they questioned whether such lawsuits can be sustained.

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Analysis

Justices Fret Any Climate Tort Ruling Will Open Pandora's Box

By Jeff Overley

U.S. Supreme Court justices Monday pondered the risks of far-reaching fallout whether they allow or restrict burgeoning lawsuits targeting oil companies, acknowledging fears of near-limitless litigation but also struggling to distinguish climate torts from famous legal battles involving tobacco and opioids.

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Youths Lose Bid To Stay Repeal Of Climate Finding

By Tom Lotshaw

A D.C. Circuit panel on Monday denied youth plaintiffs' request to stay the U.S. Environmental Protection Agency's repeal of a landmark finding that greenhouse gas pollution endangers people's health while they pursue a legal challenge.

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Brief

Colo. Judge Says Wyoming Can Join Oil Lease Sale Challenge

By Zach Dupont

A Colorado federal judge Monday granted Wyoming's request to be added to an environmental nonprofit groups' lawsuit challenging the leasing of public lands in Colorado and Wyoming for oil and gas development as an intervenor defendant.

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3 Firms Steer $5.7B Cenovus, Athabasca Canadian Oil Deal

By Al Barbarino

Canada's Cenovus Energy Inc. has agreed to acquire Athabasca Oil Corp. in a cash-and-stock transaction with an implied enterprise value of $5.7 billion, expanding Cenovus' access to oil-sands deposits in northeastern Alberta, the companies announced Monday.

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POLICY & REGULATION

No Consensus On Forced Labor Statement At G20 Meeting

By Jack McLoone

The Group of 20 nations failed to reach a consensus on a statement highlighting the need to eliminate imports of goods created with forced labor, with solely the U.S., Argentina and Mexico backing a document calling forced labor both a human rights and economic threat.

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OIL AND GAS

Justices Won't Disturb BP, Chevron Win In Well Cleanup Fight

By Keith Goldberg

The U.S. Supreme Court on Monday declined to disturb a ruling dismissing a surety company's lawsuit claiming BP and Chevron needed to pony up $11 million to pay for offshore decommissioning costs.

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Supreme Court Won't Hear Venezuela Rig Seizure Case

By Caroline Simson

The U.S. Supreme Court on Monday declined to review a D.C. Circuit opinion ordering Venezuela's state-owned oil company to face long-pending allegations of unlawfully seizing an Oklahoma-based oil drilling company's rigs.

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Oil Giants Seek 2029 Trial In Wash. Tribes' Climate Harm Suits

By Ben Adlin

Oil giants Exxon, Chevron, Shell and others are at odds with two Native American tribes over when to schedule a trial in the tribes' consolidated lawsuits in Washington state court accusing the companies of downplaying the risks of climate harm.

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Pause Mulled In $50B Yukos, Russia Award Case

By Caroline Simson

A D.C. federal court on Monday ordered former shareholders of Yukos Oil Co. owed some $50 billion by Russia to explain why their enforcement suit should not be stayed while the parties await the D.C. Circuit's decision in a parallel case that raises an identical underlying issue.

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Gas Co. Plans Challenge To Arbitral Award In Moldova Feud

By Caroline Simson

A Liechtensteiner natural gas utility said Monday that it is "considering immediate legal actions" to set aside an arbitral award favoring Moldova in a dispute over allegedly unfair tariffs and other actions that restricted the utility's access to Moldova's natural gas network. 

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UTILITIES AND POWER

Latham-Led Energy Capital Wraps $834M Continuation Fund

By Jade Martinez-Pogue

Energy transition infrastructure-focused private equity shop Energy Capital Partners, advised by Latham & Watkins LLP, on Monday revealed that it closed a single-asset continuation vehicle with $834 million in tow, which will be used for its investment in energy company Next Wave Energy Partners LP.

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Tribe, Enviros Say Utility Flouted Nebraska Power Line Block

By Crystal Owens

Conservation groups and the Rosebud Sioux Tribe are asking a district court to decide a Nebraska utility's motion to lift a partial block on the approval of its 226-mile, 345-kilovolt electricity transmission line before construction starts, arguing that the federal government again ignored important aspects of the problem.

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MINING

Justices Seek Solicitor General's Views On Tribal River Claims

By Crystal Owens

The U.S. Supreme Court on Monday sought the solicitor general's views on whether Washington tribes can pursue damages against a Canadian mining company for alleged pollution to the Columbia River.

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Convicted Ex-Coal Exec Flags New Claim Against Key Witness

By Phillip Bantz

A former coal executive convicted in a Foreign Corrupt Practices Act trial has asked a Pennsylvania federal judge to delay his upcoming sentencing hearing, arguing he recently learned of allegations that a key government witness in the case "continues to pay bribes."

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EXPERT ANALYSIS

Why Importers Should Assess IEEPA Refund Claims Now

Businesses that wait for direction from U.S. Customs and Border Protection or the courts before seeking refunds of their finally liquidated International Economic Emergency Procedure Act duties in court may find them out of reach as the earliest potential limitation deadlines are approaching, says Samuel Finkelstein at LMD Trade Law.

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LEGAL INDUSTRY

Ex-FBI Analyst Says Bove Ordered Illegal Protester Probe

By Courtney Bublé

A former FBI agent has come forward with a claim that when U.S. Circuit Judge Emil Bove was at the U.S. Department of Justice, he directed the Los Angeles field office to illegally investigate protesters.

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3rd Circ. Judge Faces Ethics Complaint For Managing PR Firm

By Adrian Cruz

A pair of U.S. senators from Delaware have filed an ethics complaint with the Third Circuit raising concerns over U.S. Circuit Judge Jennifer Mascott's purported operation of a public affairs agency, months after she was officially confirmed to the appellate court.

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Cornell Hires Ex-Deputy AG Yates To Lead Internal Review

By Christine DeRosa

Following widespread public outrage over how a former student's rape allegations were handled, Cornell University has hired former deputy U.S. attorney general and King & Spalding LLP partner Sally Yates to lead an internal review of its policies and procedures.

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Judge Newman Gets Suspension Fight Moved To 11th Circ.

By Dani Kass

Chief Justice John Roberts has transferred the Federal Circuit's investigation of suspended U.S. Circuit Judge Pauline Newman to the Eleventh Circuit, the latter court said Tuesday.

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Texas Justices Leery Of Banning AI Deposition Transcripts

By Spencer Brewer

Texas Supreme Court justices seemed hesitant to bar attorneys outright from using artificial intelligence voice transcription software during depositions, pointing out Tuesday that multiple safeguards exist to ensure accuracy.

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DOJ Says 12-Juror Rule Would Cause Unwarranted 'Upheaval'

By Brandon Lowrey

The U.S. Department of Justice on Tuesday urged the Supreme Court to uphold precedent allowing states to use juries of fewer than 12 people in serious criminal cases, saying overruling it could unsettle thousands of convictions and force many states to change their criminal procedure laws.

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Approach The Bench: Judge Panter On Mediating Vs. Judging

By Cara Bayles and Kelley Marcano

When attorneys come before retired Judge Michael Panter, a former circuit court judge in Cook County, Illinois, they sometimes forget that he is not there to decide their cases, but to resolve them.

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UVA Law Prof Takes On Role Of USPTO General Counsel

By Elliot Weld

The U.S. Patent and Trademark Office said University of Virginia School of Law professor John F. Duffy has joined the agency as its general counsel and acting solicitor.

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COMPANIES IN TODAY'S NEWS

ADR Systems

American Association for Justice

American Lung Association

American Public Health Association

Apple Inc.

Ardian

BP PLC

Calpine Corp.

Canon Inc.

Cenovus Energy, Inc.

Center for Biological Diversity Inc.

Chevron Corp.

Clean Air Council

Clean Air Task Force Inc.

Clean Wisconsin Inc.

ConocoPhillips

Conservation Law Foundation Inc.

Cornell University

Earthjustice

Energy Capital Partners LLC

Environmental Defense Fund Inc.

Exxon Mobil Corp.

GCM Grosvenor Inc.

George Washington University

Government Accountability Project

Harvard University

Helmerich & Payne Inc.

Herzog

International Centre for Settlement of Investment Disputes

International Paper Co.

Learning Resources Inc.

LinkedIn Corp.

Makah Tribe

National Women's Soccer League LLC

Natural Resources Defense Council

New Civil Liberties Alliance

Next Wave Energy Partners LP

Our Children's Trust

Phillips 66

Physicians for Social Responsibility

Public Citizen Inc.

Public Joint Stock Co. Gazprom

Shell PLC

Sierra Club

Spotify Technology SA

Suncor Energy Inc.

Terra-Gen LLC

The Goldman Sachs Group Inc.

The Wilderness Society

TikTok Inc.

Union of Concerned Scientists

United States Soccer Federation Inc.

University of Virginia

Washington Legal Foundation

Wilderness Workshop

Yale University

LAW FIRMS IN TODAY'S NEWS

Adams & Reese

Arnold & Porter

Baker McKenzie

Bays Firm

Bennett Jones

Butler Snow LLP

Byrnes Keller

Center for Constitutional Litigation

Covington & Burling

Davis Polk

Debevoise & Plimpton

Donahue Goldberg

Drummond Woodsum

Eubanks & Associates

Gibson Dunn

Harris Beach Murtha

Holland & Hart

Holland & Knight

Hueston Hennigan

K&L Gates

King & Spalding

LMD Trade Law

Latham & Watkins

Liskow & Lewis

McCarthy Tetrault

Norton Rose

Ogden Murphy

Orrick Herrington

Pillsbury Winthrop

R. McConnell Group PLLC

Sher Edling

Shook Hardy

Stoel Rives

Summit Law Group

Susman Godfrey

Vander Stoep

Vinson & Elkins

WilmerHale

Wright Close Barger & Guzman

GOVERNMENT AGENCIES IN TODAY'S NEWS

Advisory Council on Historic Preservation

Bureau of Land Management

Colorado Supreme Court

Confederated Tribes of the Colville Reservation

European Union

Federal Bureau of Investigation

Fish and Wildlife Service

Florida Supreme Court

Internal Revenue Service

Nebraska Public Power District

New York Attorney General's Office

Rosebud Sioux Tribe

Texas Supreme Court

U.S. Attorney's Office

U.S. Attorney's Office for the Western District of Pennsylvania

U.S. Court of Appeals for the District of Columbia Circuit

U.S. Court of Appeals for the Federal Circuit

U.S. Court of Appeals for the Third Circuit

U.S. Customs and Border Protection

U.S. Department of Justice

U.S. Department of the Interior

U.S. District Court for the District of Columbia

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

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

U.S. Environmental Protection Agency

U.S. Office of Personnel Management

U.S. Patent and Trademark Office

U.S. Senate

U.S. Supreme Court

United States District Court for the District of Colorado

West Virginia Attorney General's Office

Western Area Power Administration

World Trade Organization

Wyoming Attorney General's Office