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Energy
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July 15, 2025
3rd Circ. Backs FAA's Civil Penalty Actions Post-Jarkesy
The Third Circuit on Tuesday backed the Federal Aviation Administration's adjudicatory authority to impose civil penalties for air safety rules violations, saying in a precedential ruling that the U.S. Supreme Court's Jarkesy decision doesn't entitle a paint supplier to a jury trial in a case stemming from a leaky paint can on a FedEx plane.
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July 15, 2025
Deep Sea Mining Co. Gets Suit Over 'Green' Investments Axed
A New York federal judge has dismissed in its entirety a suit accusing The Metals Co. Inc. of misleading investors about the magnitude of its "green" investments and its private equity backing before going public, finding that the suit's challenged statements were not false when made.
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July 15, 2025
EPA Defends Ending Enviro Justice Grants
The U.S. Environmental Protection Agency has asked a federal judge to dismiss a proposed class action filed by environmental groups, a Native American village and other local governments, alleging the EPA unlawfully stopped $3 billion in climate grant funding.
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July 15, 2025
FTC Still Bans Ex-Pioneer CEO From Exxon Board, For Now
If the current Federal Trade Commission upends Biden-era Democrats' ban on the former CEO of Pioneer from serving on Exxon's board, it will be on the now-Republican-led commission's own volition rather than through a petition by the executive.
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July 15, 2025
Energy Company Says NJ Real Estate Firms Owe $1.2M
A Garden State supplier of renewable electricity has alleged in New Jersey federal court that a group of New Jersey commercial real estate firms is refusing to pay more than $1.28 million in energy bills.
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July 15, 2025
Tribes, Enviro Groups Look To Block Copper Mine Land Swap
Environmental and tribal groups are asking a federal court to extend an injunction blocking the transfer of more than 2,500 acres within Tonto National Forest to an Arizona copper mining company, arguing that a final environmental impact study and appraisal of the property raise serious questions in the dispute.
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July 15, 2025
City Worker Says She Was Axed For Trying To Tax Energy Co.
A former employee of a Texas Gulf Coast city has told a court Monday that she was fired after suggesting that the city council vote to increase taxes on land owned by Freeport LNG.
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July 15, 2025
Tax Court Warns Attys In Denying $20M Easement Deduction
The U.S. Tax Court threatened Tuesday to force attorneys for a Georgia partnership to personally pay court costs after they had argued at trial for a $20 million tax deduction for a conservation easement donation, an amount the court said was over 100 times the land's value.
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July 15, 2025
Zimbabwe Wins Bid To Nix $50M Award Suit
The D.C. Circuit on Tuesday overturned a ruling ordering Zimbabwe to face litigation to enforce an 11-year-old $50 million arbitral award stemming from an ill-fated mining deal, ruling that two exceptions to sovereign immunity were inapplicable and that the court therefore lacks jurisdiction.
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July 15, 2025
La Caisse Plugs $200M Into PE-Backed Renewa
Infrastructure investor QIC Infrastructure on Tuesday announced that its portfolio company Renewa received a $200 million primary equity commitment from investment group La Caisse.
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July 15, 2025
11th Circ. Told Tax Court Erred Nixing Easement's Values
A Georgia partnership told the Eleventh Circuit that the U.S. Tax Court broke legal precedent by relying on a flawed valuation method that did not consider commercial mining potential when it denied a deduction tied to the conservation easement donation of a property.
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July 15, 2025
5th Circ. Says Oilfield Specialists Are OT Exempt
Two former field specialists of an oilfield service provider were not eligible for overtime under the Fair Labor Standards Act because they performed administrative tasks, a Fifth Circuit panel ruled, flipping a Texas district court's ruling in their favor.
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July 15, 2025
Sunnova Seeks OK For $7M In Ch. 11 Sale Incentives To Execs
Bankrupt solar panel giant Sunnova has asked a Texas bankruptcy court for permission to pay up to $7 million in cash incentives to its top executives, contingent on securing higher sale proceeds than its stalking horse bids for certain assets.
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July 15, 2025
Calif. Legislature OKs Retroactive Solar Property Exclusion
California would allow the purchaser of a new property a three-year window to apply for a property tax exclusion for solar energy systems under a bill passed by the state Senate and sent to Democratic Gov. Gavin Newsom for approval.
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July 15, 2025
Reed Smith Says Docs Slipped Through Stay In Eletson Row
Reed Smith has asked the Second Circuit to again step in and block new owners of reorganized Greece-based international shipping company Eletson from viewing communications between the firm and the company's prior owners, saying that, despite a stay already in place, the new owners were allowed to acquire some files.
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July 15, 2025
DC Circ. Backs Dismissal Of Green Orgs' Drilling Permit Suit
The D.C. Circuit on Tuesday rejected environmental groups' challenge to the approvals of thousands of federally approved oil and gas drilling permits in New Mexico and Wyoming, finding that a lower court was right to find they lacked standing.
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July 15, 2025
Brookfield, Google Ink $3B Hydroelectric Power Deal
Brookfield Asset Management, its subsidiary Brookfield Renewable Partners and Google have agreed to a "first-of-its-kind" more than $3 billion deal that aims to build up to 3,000 megawatts' worth of hydroelectric power capacity throughout the country, Brookfield announced July 15.
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July 14, 2025
7th Circ. Upholds Exxon's Win In Ex-Lab Tech's Sex Bias Suit
The Seventh Circuit on Monday refused to revive a former ExxonMobil Corp. employee's sex discrimination suit against the major oil and gas company, saying the woman failed to prove she was treated less favorably than male colleagues in the lead-up to her termination.
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July 14, 2025
Ukraine Bank Payment Bid Likely Illegal In $150M Award Fight
A Texas magistrate judge has recommended denying, for now, Carpatsky Petroleum Corp.'s bid to force Ukraine's largest oil company to hand over payments via its international bank account to the U.S.-based corporation as it seeks enforcement of a $150 million arbitral award.
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July 14, 2025
London Judge Nixes Jurisdictional Award In Gas Plant Feud
An English judge on Monday vacated an International Chamber of Commerce tribunal's award finding it has jurisdiction in a dispute stemming from a gas processing plant construction project for Saudi Aramco, saying the matter belongs before a London-seated ad hoc tribunal.
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July 14, 2025
NY Judge Snuffs Counties' Bid To Derail Congestion Pricing
A New York federal judge on Monday tossed claims from two local counties alleging Manhattan's discriminatory congestion pricing tolls trampled on motorists' right to travel, saying inconvenient tolls for certain commuters don't amount to a constitutional violation.
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July 14, 2025
Group Urges 11th Circ. To Ditch 'Radioactive' Mosaic Road
The U.S. Environmental Protection Agency should not have approved The Mosaic Co.'s request to use radioactive phosphogypsum in road construction at a Florida fertilizer facility, the Center for Biological Diversity told the Eleventh Circuit.
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July 14, 2025
Exxon's Climate Change Skepticism Is Protected, Court Told
Exxon Mobil Corp. was engaging in "core political speech" protected by the First Amendment when it made public statements that Connecticut's attorney general has alleged misled consumers about its business practices' contribution to climate change, the company told a state court Monday.
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July 14, 2025
9th Circ. Affirms FERC's Yank Of PG&E Grid Perk
The Ninth Circuit on Friday backed the Federal Energy Regulatory Commission's decision to deny Pacific Gas & Electric Co. a grid incentive meant for public utilities that voluntarily join a regional transmission organization, saying PG&E was not entitled to the perk since a California law now mandates membership in an organization.
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July 14, 2025
Enviro Groups Sue DOE Over Tenn. Nuclear Site Cleanup Plan
The U.S. Environmental Protection Agency's $30 billion cleanup plan for a nuclear site outside Knoxville, Tennessee, has failed to prevent harmful discharges into the area's groundwater and waterways, threatening community health and the local environment, environmental groups have said.
Expert Analysis
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Strategizing For Renewable Energy Project Success In Texas
The Electric Reliability Council of Texas has long been a key market for renewable energy projects, but rising financial and regulatory uncertainty means that developers and investors must prepare for inflation and policy risks, secure robust insurance coverage, and leverage tax equity transferability to ensure success, say attorneys at McDermott.
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A Cold War-Era History Lesson On Due Process
The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.
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How Latin American Finance Markets May Shift Under Trump
Changes in the federal government are bringing profound implications for Latin American financial institutions and cross-border financing, including increased competition from U.S. banks, volatility in equity markets and stable green investor demand despite deregulation in the U.S., says David Contreiras Tyler at Womble Bond.
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Series
Improv Makes Me A Better Lawyer
Improv keeps me grounded and connected to what matters most, including in my legal career where it has helped me to maintain a balance between being analytical, precise and professional, and creative, authentic and open-minded, says Justine Gottshall at InfoLawGroup.
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How BigLaw Executive Orders May Affect Smaller Firms
Because of the types of cases they take on, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of recent government action involving the legal industry than even the BigLaw firms named in the executive orders, says Reuben Guttman at Guttman Buschner.
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Opinion
Lawsuits Shouldn't Be Shadow Assets For Foreign Capital
Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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How To Accelerate Your Post-Attorney Career Transition
Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.
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Key Takeaways From The 2025 Spring Antitrust Meeting
Leadership changes, shifting priorities and evolving enforcement tools dominated the conversation at the recent American Bar Association Spring Antitrust Meeting, as panelists explored competition policy under a second Trump administration, agency discretion under the 2023 merger guidelines and new frontiers in conduct enforcement, say attorneys at Freshfields.
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Series
Law School's Missed Lessons: Be An Indispensable Associate
While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.
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What 2nd Trump Admin Means For Ship Pollution Compliance
As the second Trump administration's civil and criminal enforcement policies take shape, the maritime industry must ensure it complies with both national and international obligations to prevent oil pollution from seagoing vessels — with preventive efforts and voluntary disclosures being some of the best options for mitigating risk, say attorneys at Holland & Knight.
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Series
Birding Makes Me A Better Lawyer
Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.
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What Cos. Should Know About U.S. Minerals Executive Order
President Donald Trump's new executive order aimed at boosting U.S. mineral production faces challenges including land use and environmental regulations, a lack of new funding, and the need for coordination among federal agencies, but it provides industry stakeholders with multiple opportunities to influence policy and funding, say advisers at Holland & Knight.
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How The ESG Investing Rule Survived Loper Bright, For Now
A Texas federal court's recent decision in Utah v. Micone upholding the U.S. Department of Labor's 2022 ESG investing rule highlights how regulations can withstand the post-Loper Bright landscape when an agency's interpretation of its statutorily determined boundaries is not granted deference, say attorneys at Miller & Chevalier.
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Series
Adapting To Private Practice: From DOJ Leadership To BigLaw
The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.
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Issues To Watch At ABA's Antitrust Spring Meeting
Attorneys at Freshfields consider the future of antitrust law and competition enforcement amid agency leadership changes and other emerging developments likely to dominate discussion at the American Bar Association's Antitrust Spring Meeting this week.