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Energy
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August 15, 2025
Town Says TV Reporter Bypassing Own Blame For Broken Leg
A television news reporter can't shirk the blame for his broken leg after he allegedly failed to exercise reasonable care while walking in a parking lot and got run over by a town worker, the town told North Carolina's highest court in seeking to undo a jury verdict favoring the reporter.
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August 14, 2025
Duke Energy Seeks To Merge 2 Carolinas Utilities
Charlotte-based Duke Energy said Thursday that it is asking state and federal regulators to approve a merger that would combine its two subsidiary electric utilities serving the Carolinas, touting the plan as a cost-saver and natural progression of its fusion with Progress Energy more than a decade ago.
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August 14, 2025
Venture Global Snags A Win In LNG Arbitration With Shell
An American producer and exporter of liquefied natural gas says it has won a tribunal decision in a New York arbitration proceeding with London-headquartered Shell PLC over the U.S. company's allegedly improper withholding of LNG cargo shipments.
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August 14, 2025
Energy Co. Can't Avoid 401(k) Forfeiture, Fee Fight
A Florida federal judge refused Thursday to toss a proposed class action against NextEra Energy from an employee 401(k) participant who alleged plan forfeitures were misspent and that a recordkeeper illegally profited off retirement plan earnings, opening discovery on allegations that the conduct violated federal benefits law.
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August 14, 2025
Red States Back Feds' Push To End Trump Energy Orders Suit
Republican-led states on Thursday threw their support behind the federal government's bid to dismiss a lawsuit by youths alleging that President Donald Trump's energy policy directives harm their future by exacerbating climate change, saying there are no grounds to sustain the suit.
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August 14, 2025
Renewable Energy Investors Fight Spain's Supreme Court Bid
Renewable energy investors awarded some €357.5 million ($416 million) in arbitration against Spain urged the U.S. Supreme Court on Thursday not to disturb a D.C. Circuit ruling nixing the country's jurisdictional objections to enforcement, arguing that the country's sovereign immunity defense shouldn't be revived.
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August 14, 2025
5th Circ. Tosses Challenge To Texas Gas Terminal Permit
The Fifth Circuit has dismissed an environmental group's petition challenging a permit issued by Texas regulators for a proposed liquefied natural gas terminal, finding that a previous permit for another project, which stipulated a lower emissions rate, has no bearing on the permit at issue here.
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August 14, 2025
Bob's Discount Furniture Could Go Public, And Other Rumors
Bob's Discount Furniture may boast about its "Oh My Bob" low prices in TV ads, but the retailer's quirky marketing and expanding e-commerce have helped boost sales to roughly $2 billion last year — a performance that a Wall Street Journal report said could support a $1 billion IPO.
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August 14, 2025
Shell Faces Retooled Clean Water Act Suit In Connecticut
Conservation Law Foundation Inc. has retooled a Connecticut federal court lawsuit against Shell and several other petroleum companies that operate terminals in New Haven harbor on Long Island Sound, adding Connecticut Environmental Policy Act and Coastal Management Act claims to a Clean Water Act case filed in July 2021.
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August 14, 2025
US Says It Can't Be Sued Over NM Burns Linked To Wildfire
The U.S. government is looking to dismiss a challenge to a prescribed burn plan that a tribe, electric cooperatives and several property owners claim led to the destruction of nearly 46,000 acres in New Mexico's Jemez Mountains, saying the decision is barred under the Federal Tort Claims Act.
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August 14, 2025
Feds Urge Court Not To Toss Rep. Cuellar's Bribery Case
Allowing U.S. Rep. Henry Cuellar, D-Texas, to escape bribery charges under the Constitution's speech and debate clause would "eviscerate" several precedents set under the provision, prosecutors told a federal judge on Thursday.
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August 14, 2025
Pa. Tax Board Must Revisit Denial Of Calif. Co.'s $4.9M Refund
The Pennsylvania Board of Finance and Revenue must review its denial of a California corporation's request for a refund of an overpayment of Pennsylvania income tax following a federal audit, the Commonwealth Court ruled Thursday.
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August 14, 2025
Pa. Court Rejects Challenge To Alternative Energy Regs
A state appeals court swatted down challenges to Pennsylvania Public Utility Commission regulations that put grid improvement and connection costs onto customers with solar and other alternative energy systems that generate excess power for sale to distribution companies.
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August 13, 2025
6th Circ. Clarifies Class Cert. Standard In FirstEnergy Suit
A class of FirstEnergy investors suing in the wake of a $1 billion bribery scandal should not have been certified, the Sixth Circuit ruled Wednesday, saying the district court applied the wrong standard, but indicated the class could be recertified on remand.
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August 13, 2025
Semtech Investor Sues Brass Over Copper Goods Sales Drop
The top brass of high-performance semiconductor company Semtech Corp. has been hit with a shareholder derivative suit in California federal court claiming that they misled investors about the performance and sales of the company's products and failed to disclose certain issues that led to the end of the company's partnership with Nvidia.
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August 13, 2025
FTC Closes Antitrust Probe Of Calif. Truck Emissions Pact
The Federal Trade Commission has closed an antitrust investigation into Daimler, Volvo and other heavy-duty truck manufacturers after they swore off an agreement brokered with California regulators to abide by heightened emission standards.
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August 13, 2025
Pennsylvania Drops $2B Suit After Federal Funds Restored
Pennsylvania Gov. Josh Shapiro voluntarily dismissed on Wednesday a lawsuit against the Trump administration seeking to restore $2 billion in federal funds designated for Pennsylvania in light of the government's release of the money.
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August 13, 2025
Business Groups Fail To Halt Calif. Climate Reporting Rules
The U.S. Chamber of Commerce and other business groups lost a bid to block new California state regulation requiring large companies to publicly disclose their greenhouse gas emissions and climate-related financial risks that they said violated their First Amendment rights, when a federal judge Wednesday denied them preliminary injunction.
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August 13, 2025
Trump Taps Democratic Commissioner As Acting FERC Chair
President Donald Trump on Wednesday named Democratic Commissioner David Rosner as acting chair of the Federal Energy Regulatory Commission, citing his support for expanding the electric grid to better serve data centers and artificial intelligence, which is an administration priority.
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August 13, 2025
DC Circ. Greenlights Trump's Freeze On Foreign Aid
A divided D.C. Circuit on Wednesday lifted an injunction requiring the Trump administration to release funding for foreign aid work done before Feb. 13, with a dissenting judge saying the decision lets the administration sidestep judicial review of unconstitutional actions.
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August 13, 2025
Decision In $50B Yukos Case Raises Interesting Question
The D.C. Circuit's decision last week reviving Russia's bid to escape litigation to enforce $50 billion in arbitral awards has raised what experts say remains a "very open" question — are U.S. courts obligated to defer to foreign courts that affirm an arbitral award issued under their law?
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August 13, 2025
Oil Co. Calls Partner's Field Tech Misuse 'Catastrophic'
A Houston oilfield equipment company has told a state court that Baker Hughes Oilfield Operations LLC has continually ignored its warnings about how to safely use its drilling equipment, setting the company up for a "catastrophic event" in the field.
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August 13, 2025
2nd Circ. Asked To Review Bid To Bar NYC Congestion Pricing
The Second Circuit should review a federal court's decision to grant the Metropolitan Transportation Authority and Triborough Bridge and Tunnel Authority's bid to dismiss a pair of lawsuits alleging Manhattan's congestion pricing tolls are discriminatory and trample on motorists' right to travel, a New York county argued Tuesday.
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August 13, 2025
SPAC Behind EV Maker Nikola, Shareholders Strike Settlement
Stockholders and board members for the blank-check company that took electric-vehicle maker Nikola public said they reached a $6.3 million deal to end a Delaware Chancery Court lawsuit that accused the SPAC of misleading investors about Nikola's prospects.
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August 13, 2025
Convicted ComEd CEO Seeks Bond Pending 7th Circ. Appeal
Former Commonwealth Edison and Exelon Utilities CEO Anne Pramaggiore has requested to stay out of jail while she appeals her criminal conviction and two-year prison sentence, saying her case was "far from ordinary" and that bond would keep her from serving a substantial portion of her sentence unnecessarily if the Seventh Circuit finds in her favor.
Expert Analysis
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When Legal Advocacy Crosses The Line Into Incivility
As judges issue sanctions for courtroom incivility, and state bars advance formal discipline rules, trial lawyers must understand that the difference between zealous advocacy and unprofessionalism is not just a matter of tone; it's a marker of skill, credibility and potentially disciplinary exposure, says Nate Sabri at Perkins Coie.
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Series
Volunteering At Schools Makes Me A Better Lawyer
Speaking to elementary school students about the importance of college and other opportunities after high school — especially students who may not see those paths reflected in their daily lives — not only taught me the importance of giving back, but also helped to sharpen several skills essential to a successful legal practice, says Guillermo Escobedo at Constangy.
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DOE Grant Recipients Facing Termination Have Legal Options
Federal grant recipients whose awards have recently been rescinded by the U.S. Deparment of Energy have options for successfully challenging those terminations through litigation, say attorneys at Bracewell.
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Attacks On Judicial Independence Tend To Manifest In 3 Ways
Attacks on judicial independence now run the gamut from gross (bald-faced interference) to systemic (structural changes) to insidious (efforts to undermine public trust), so lawyers, judges and the public must recognize the fateful moment in which we live and defend the rule of law every day, says Jim Moliterno at Washington and Lee University.
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A Look At Texas Corp. Law Changes Aimed At Dethroning Del.
Seeking to displace Delaware as the preferred locale for incorporation, Texas recently significantly amended its business code, including changes like codifying the business judgment rule, restricting books and records demands, and giving greater protections for officers and directors in interested transactions, say attorneys at Fenwick.
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Justices Hand Agencies Broad Discretion In NEPA Review
By limiting the required scope of reviews under the National Environmental Policy Act, the U.S. Supreme Court's recent ruling in Seven County Infrastructure Coalition v. Eagle County could weaken the review process under NEPA, while also raising questions regarding the degree of deference afforded to agencies, say attorneys at Foley Hoag.
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Series
Law School's Missed Lessons: Appreciating Civil Procedure
If you’re like me, law school’s often complex and theoretical approach to teaching civil procedure may have contributed to an early struggle with the topic, but when seen from a practical perspective, new lawyers may find they enjoy mastering these rules, says Chloe Villagomez at Foster Garvey.
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Calif. Bar Exam Fiasco Shows Why Attys Must Disclose AI Use
The recent revelation that a handful of questions from the controversial California bar exam administered in February were drafted using generative artificial intelligence demonstrates the continued importance of disclosure for attorneys who use AI tools, say attorneys at Troutman.
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Max Pressure On Iran May Raise Secondary Sanctions Risk
New sanctions designations announced June 6 are the latest in a slew of actions the administration has taken to put pressure on Iran’s military programs and petroleum exports that will likely increase non-U.S. businesses’ secondary sanctions risk, says John Sandage at Berliner Corcoran.
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Justices Widen Gap Between Federal, Calif. Enviro Reviews
While the U.S. Supreme Court's recent opinion in Seven County Infrastructure Coalition v. Eagle County, Colorado, narrowed the scope of National Environmental Policy Act reviews, it may have broadened the gulf between reviews conducted under NEPA and those under the California Environmental Quality Act, say attorneys at Hanson Bridgett.
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In 2nd Place, Va. 'Rocket Docket' Remains Old Reliable
The U.S. District Court for the Eastern District of Virginia was again one of the fastest civil trial courts in the nation last year, and an interview with the court’s newest judge provides insights into why it continues to soar, says Robert Tata at Hunton.
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How Attorneys Can Become Change Agents For Racial Equity
As the administration targets diversity, equity and inclusion efforts and law firms consider pulling back from their programs, lawyers who care about racial equity and justice can employ four strategies to create microspaces of justice, which can then be parlayed into drivers of transformational change, says Susan Sturm at Columbia Law School.
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Public Cos. Must Heed Disclosure Risks Amid Trade Chaos
Ongoing uncertainties caused by President Donald Trump's shifting stances on tariffs and trade restrictions have exponentially escalated financial reporting pressures on public companies, so businesses must ensure that their operations and accounting practices align with the U.S. Securities and Exchange Commission's standards, say Jennifer Lee at Jenner & Block and Edward Westerman at Secretariat Advisors.
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Seven County Ruling Should Trim Agency Enviro Analysis
The U.S. Supreme Court's ruling in Seven County Infrastructure Coalition v. Eagle County provides needed clarity for infrastructure projects by expressly directing agencies to narrow environmental reviews, and reducing the threat of litigation if even tangential issues are not exhaustively evaluated, say attorneys at Dentons.
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Series
Running Marathons Makes Me A Better Lawyer
After almost five years of running marathons, I’ve learned that both the race itself and the training process sharpen skills that directly translate to the practice of law, including discipline, dedication, endurance, problem-solving and mental toughness, says Lauren Meadows at Swift Currie.