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Energy
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September 05, 2025
DC Circ. Revives Emergency Defense Rule For Air Polluters
The D.C. Circuit on Friday restored air pollution-emitting facilities' right to defend themselves against alleged violations of the Clean Air Act by blaming emergency circumstances, finding that the U.S. Environmental Protection Agency's attempt to ban the practice was unlawful.
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September 05, 2025
Ørsted Investors Back $9.4B Rights Issue After US Order
Ørsted AS said Friday that its shareholders have thrown their weight behind a 60 billion Danish kroner ($9.4 billion) rights issue, amid a legal battle against an order from the Trump administration to stop work on an offshore wind farm.
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September 04, 2025
Feds Seek Stay On Court Order Releasing Foreign Aid Billions
The Trump administration urged the D.C. Circuit on Thursday to stay a federal judge's order that it release billions in frozen foreign aid pending its appeal, saying the disbursement will likely be "impossible" to recover according to the international aid organization plaintiffs' "own description of their financial condition."
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September 04, 2025
Asset Manager Seeks OK Of $53M Mexican Bank Award
An asset management firm has urged a New York federal court to enforce a more than $53 million arbitral award it won in a dispute over management fees due under a trust agreement with a Banamex unit.
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September 04, 2025
Chevron, Exxon Kick Off High Court La. Pollution Case
Chevron and Exxon Mobil Corp. on Thursday asked the U.S. Supreme Court to overturn the Fifth Circuit's ruling that Louisiana state court, not federal court, is the proper venue for claims that their World War II-era oil production activities violated state law.
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September 04, 2025
Enbridge Asks High Court To Reverse Pipeline Remand Ruling
Enbridge Energy has pushed the U.S. Supreme Court to reverse a Sixth Circuit decision saying the company missed a deadline to transfer to federal court a suit by Michigan's attorney general seeking to block a pipeline, arguing the attorney general failed to show the removal process was untimely.
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September 04, 2025
EPA Touts 'Ambitious' New Deregulatory Agenda
The U.S. Environmental Protection Agency on Thursday laid out its regulatory agenda for the coming months, and said it intends to revisit or roll back Biden-era initiatives in several areas, including water, climate change and chemical regulations.
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September 04, 2025
Wash. PFAS Contamination Suit Sent Back To State Court
A Washington federal judge has remanded to state court a refinery operator's suit alleging that firefighting foam containing per- and polyfluoroalkyl substances, or PFAS, made and sold by The Chemours Co., Tyco Fire Products and others has contaminated the refinery.
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September 04, 2025
Feds Don't Have Immunity In NM Wildfire Row, Court Told
The U.S. Forest Service's failure to comply with a plan for the Santa Fe National Forest means it cannot avoid liability by invoking an "overarching discretionary enterprise" of prescribed burning that led to the destruction of nearly 43,000 acres, a New Mexico tribe, an electric cooperative and others argue.
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September 04, 2025
Solar Co. Meyer Burger Unit Gets OK For $29M Ch. 11 Sale
The U.S. unit of Swiss solar-panel maker Meyer Burger secured a Delaware bankruptcy judge's approval Thursday to sell its assets for $28.7 million in Chapter 11, defeating an objection to the deal from unsecured creditors who charged that it benefits secured creditors but no one else.
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September 04, 2025
Solar Co. Mosaic Gets OK For Debt-For-Equity Ch. 11 Plan
A Texas bankruptcy judge Thursday approved residential solar panel financing firm Mosaic's plan to reorganize and hand ownership of its loan servicing business to its secured lender, after no buyers came forward at a Chapter 11 auction.
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September 04, 2025
Trump's Wind Project Halt Faces Suits From Conn., RI, Ørsted
The decision by President Donald Trump's administration to stop a nearly completed wind project slated to power the New England region was met with two lawsuits on Thursday, with the attorneys general of Connecticut and Rhode Island and developer Ørsted seeking to resume construction.
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September 04, 2025
5 Firms Guide Rithm Capital's Crestline Buy
Five firms steered real estate-focused investment firm Rithm Capital Corp.'s purchase of Crestline Management, adding and expanding the firm's private credit, insurance and reinsurance capabilities with the acquisition.
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September 04, 2025
FERC Nominee Says He Supports Review Of Removal Protections
A Federal Energy Regulatory Commission nominee said Thursday that he hopes the U.S. Supreme Court will rethink long-standing tenure protections guaranteed for members of independent agencies, raising the eyebrows of U.S. senators concerned about FERC's future under President Donald Trump.
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September 04, 2025
Feds Sue SoCal Edison Over Eaton, Fairview Wildfires
The U.S. Department of Justice on Thursday sued Southern California Edison, seeking a combined $77 million in a pair of lawsuits alleging that its negligence in maintaining its infrastructure caused the catastrophic Eaton wildfire in January and devastating Fairview fire in 2022.
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September 04, 2025
Unions Defend Challenge To Federal Work Safety Agency Cuts
Unions representing nurses, teachers, miners and factory workers have asked a Washington, D.C., federal judge to preserve their challenge to the Trump administration's cuts to the National Institute of Occupational Safety and Health, saying they have standing to sue because they "rely on NIOSH's lifesaving work."
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September 04, 2025
Wash. Justices To Review Voter Measure Backing Natural Gas
The Washington State Supreme Court has agreed to weigh in on a dispute over a law approved by voters that prevents local governments and code officials in the state from passing rules restricting or discouraging the use of natural gas.
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September 04, 2025
US Steel, Nippon Drop Suit Against Cleveland-Cliffs, USW
U.S. Steel and its new parent company, Nippon Steel, have ended their lawsuit accusing rival steelmaker Cleveland-Cliffs Inc. and the United Steelworkers union of attempting to sabotage their merger earlier this year.
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September 04, 2025
Cube Highways Trust Mulls $600M IPO, Plus More Rumors
Indian infrastructure investment trust Cube Highways Trust is considering a $600 million initial public offering, premium diaper brand Coterie is in talks to be acquired by consumer goods business Mammoth Brands, and European antitrust regulators have reportedly paused their investigation into ADNOC's $17.1 billion acquisition of German chemicals producer Covestro.
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September 03, 2025
How Morgan & Morgan Got Ousted As Top Federal Tort Filer
Heavyweight injury firm Morgan & Morgan PA was ousted from the top spot for most federal court filings in the past three years thanks to more than 2,000 individual cases filed in Mississippi over drinking water there, according to a new analysis by Lex Machina, whose rich trend data also shows how other firms fared over the same period.
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September 03, 2025
Spain Says Justices Must Resolve $416M Arbitration Question
Spain argued Tuesday that it is "imperative" the U.S. Supreme Court take up its case challenging a D.C. Circuit decision laying a path to enforce some $416.8 million in arbitral awards against it, as the parties await a certiorari decision that could come as soon as early October.
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September 03, 2025
Ex-Latham Atty Who Quit Over Trump Deal Joins Stoel Rives
Former BigLaw associate Sam Wong, who publicly quit Latham & Watkins LLP earlier this year in response to a deal it reached with the Trump administration to avoid executive orders targeting the firm, said he has joined Stoel Rives LLP, where he will be advising clients on energy projects, regulatory matters and more.Â
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September 03, 2025
Feds Move To Sink Mass. Offshore Wind Farm Approval
The federal government said Wednesday it will yank approval for a Massachusetts offshore wind farm 20 miles south of Martha's Vineyard, the latest in a series of moves by the Trump administration to stymie U.S. offshore wind development.
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September 03, 2025
Feds Seek $140M Fine For Mich. Energy Co. Over Air Pollution
The federal government on Tuesday advocated for $140 million in penalties for a Michigan energy company the government alleges shares responsibility for air pollution resulting from coke production, while the energy company maintained it tried to comply with the state-issued permit, in briefs filed this week ahead of a bench trial later this month.
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September 03, 2025
Quinn Emanuel Looks To Shut Down Mexican Doc Bid
Quinn Emanuel has asked a Miami federal court to end a Mexican oil company's request for documents relating to three criminal proceedings and in one bankruptcy action, all pending in Mexico, arguing that the requested discovery may be conducted without the aid of U.S. courts.
Expert Analysis
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Sanctions Considerations For Reentering The Syrian Market
Reentering or opening new markets in Syria, now that the Trump administration has revoked certain long-standing sanctions and export controls, necessitates increased due diligence and best practices capable of adapting to a changing local environment as well as future changes in U.S. law, say attorneys at Nixon Peabody.
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What 2 Profs Noticed As Transactional Law Students Used AI
After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.
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State AGs Are Turning Up The Antitrust Heat On ESG Actions
Recent antitrust developments from red state attorneys general continue a trend of environmental, social and governance scrutiny, and businesses exposed to these areas should conduct close examinations of strategy and potential material risk, say attorneys at Morgan Lewis.
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Top Takeaways From Trump's AI Action Plan
President Donald Trump's AI Action Plan represents some notable evolution in U.S. policy, including affirmation of the administration's trend toward prioritizing artificial intelligence innovation over guardrails and toward supporting greater U.S. private sector reach overseas, say attorneys at WilmerHale.
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Ill. Toxic Tort Jurisdiction Law Raises Constitutional Concerns
Illinois' S.B. 328, purporting to broaden state courts' jurisdictional reach over out-of-state corporations, is presented as a measure aimed at facilitating recovery in toxic tort cases, but the legislation raises significant due process and dormant commerce clause issues, say attorneys at Alston & Bird.
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Rebuttal
BigLaw Settlements Should Not Spur Ethics Deregulation
A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.
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Environmental Justice Is Alive And Well At The State Level
Even as the Trump administration has rolled back federal environmental justice policies, many states continue to prioritize it, with new regulations, strengthened enforcement of existing rules and ongoing private litigation — so companies must stay alert to how state-level EJ enforcement may affect their operations, say attorneys at Crowell & Moring.
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5 Ways Lawyers Can Earn Back The Public's Trust
Amid salacious headlines about lawyers behaving badly and recent polls showing the public’s increasingly unfavorable view of attorneys, we must make meaningful changes to our culture to rebuild trust in the legal system, says Carl Taylor at Carl Taylor Law.
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Legal Jeopardy Looms Over Trump's Trade Negotiation Plans
Even as the Trump administration announces one trade deal after another, the legal authority of the executive branch to impose tariffs under consensual arrangements with leading trading partners is just as debatable as the unilateral imposition of U.S. tariffs under the president's executive orders, says Jeffrey Bialos at Eversheds Sutherland.
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Series
Hiking Makes Me A Better Lawyer
On the trail, I have thought often about the parallels between hiking and high-stakes patent litigation, and why strategizing, preparation, perseverance and joy are important skills for success in both endeavors, says Barbara Fiacco at Foley Hoag.
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ICJ Climate Opinion Raises Cos.' Legal, Compliance Risks
The International Court of Justice's recent advisory opinion on governments' climate change obligations could have important consequences for the regulated community — including a more complex compliance landscape, heightened legal risks for carbon-intensive activities, and renewed market and investor focus on climate issues, says J. Michael Showalter at ArentFox Schiff.
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Series
Law School's Missed Lessons: Negotiation Skills
I took one negotiation course in law school, but most of the techniques I rely on today I learned in practice, where I've discovered that the process is less about tricks or tactics, and more about clarity, preparation and communication, says Grant Schrantz at Haug Barron.
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ESG-Focused Activism Persists Despite Proxy Curbs
Shareholder activism focused on environmental, social and governance factors appears poised to continue, despite the U.S. Securities and Exchange Commission's recent move toward exclusions in proxy voting proposals around ESG, say attorneys at Mintz.
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Opinion
Bar Exam Reform Must Expand Beyond A Single Updated Test
Recently released information about the National Conference of Bar Examiners’ new NextGen Uniform Bar Exam highlights why a single test is not ideal for measuring newly licensed lawyers’ competency, demonstrating the need for collaborative development, implementation and reform processes, says Gregory Bordelon at Suffolk University.
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A Simple Way Courts Can Help Attys Avoid AI Hallucinations
As attorneys increasingly rely on generative artificial intelligence for legal research, courts should consider expanding online quality control programs to flag potential hallucinations — permitting counsel to correct mistakes and sparing judges the burden of imposing sanctions, say attorneys at Lankler Siffert & Wohl and Connors.