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Energy
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May 30, 2025
Enviro-Focused Community Bank Exits FDIC Consent Orders
The Federal Deposit Insurance Corp. has freed Maryland-based Forbright Bank from the penalty box, terminating a pair of consent orders that had restricted its growth and required anti-money laundering improvements.
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May 30, 2025
Russia Can Argue Sovereign Immunity In $34M Award Appeal
The D.C. Circuit on Thursday agreed to consider Russia's sovereign immunity defense as the Kremlin looks to avoid a $34 million arbitral award issued to Ukrainian gas companies that operated in Crimea, writing that the "merits of the parties' positions are not so clear as to warrant summary action."
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May 30, 2025
Solar Energy Co. Hits Ex-Employees With Trade Secrets Suit
A solar energy company has sued four former employees in New Jersey federal court, claiming one of them altered his name to conceal criminal history, then left to start a competing company, and that three others aided him in taking trade secrets on his way out.
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May 30, 2025
Shell Speculated About Conn. Environment Goals, Group Says
Two Shell Oil Co. subsidiaries speculated about Connecticut's regulatory goals while using the draft of a new state permit to interpret a prior permit governing a New Haven petroleum terminal, relitigating theories a judge rejected in 2023, an environmental group has said in its challenge to the terminal's flood readiness plans.
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May 30, 2025
Judge Says Stalled Colo. Dam Construction Poses Big Risks
A Colorado federal judge has reversed course and will no longer bar Denver Water from completing a half-built dam, writing in an order that while the project was approved without a proper environmental review, there could be serious risks to people as well as the environment if the dam remains uncompleted.
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May 30, 2025
DOE Yanks $3.7B In Funding For Clean Energy Projects
An ExxonMobil hydrogen project in Texas and carbon capture projects throughout the U.S. are among two dozen clean energy projects that have seen a combined $3.7 billion in funding rescinded by the Department of Energy, the agency said Friday.
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May 30, 2025
No Point In Vacating NEPA Ruling, Gov't Tells 8th Circ.
The Trump administration on Friday urged the Eighth Circuit to preserve a North Dakota federal judge's decision striking down Biden-era National Environmental Policy Act regulations, a ruling that states and environmental groups say should be vacated.
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May 30, 2025
Wachtell, Akin Steer EOG On $5.6B Energy Deal
Wachtell Lipton Rosen & Katz and Akin Gump Strauss Hauer & Feld are advising EOG Resources Inc. on an agreement to acquire Encino Acquisition Partners from the Canada Pension Plan Investment Board for $5.6 billion including debt, EOG said on Friday.Â
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May 30, 2025
Coal Miners Re-Up Bid For $15.2M Wage Deal Approval
Coal miners again asked a Kentucky federal judge Friday to greenlight a $15.2 million deal resolving their unpaid wage suit against several mining companies, presenting a restructured agreement that eliminates collective claims and discusses the degree of similarity among workers in a proposed, nearly 7,000-member settlement class.
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May 30, 2025
Trump Admin Says States Can't Fight Wind Permit Pause
The Trump administration said a Massachusetts federal judge should reject states' push to block a decision to pause permitting for wind energy projects, saying their claims amount to nothing more than a policy disagreement with no place in court.
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May 30, 2025
Strathcona Lobs $4.3B Offer For MEG, Snags PE Investment
North American oil producer Strathcona Resources Ltd. on Friday launched an unsolicited takeover offer to acquire Canadian thermal oil producer MEG Energy Corp. in a cash-and-stock deal, while simultaneously announcing a $662 million investment from Waterous Energy Fund in connection with the transaction.
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May 29, 2025
Shell Told To Disclose Climate Risk Docs In RI Terminal Case
A Rhode Island federal judge Thursday ordered Shell Oil Co. to answer the Conservation Law Foundation's inquiries concerning its knowledge behind the construction and operation of a bulk storage terminal in Providence that the conservation group claims is unprepared for flooding and other weather events expected in a changing climate.
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May 29, 2025
Projects Get Some NEPA Relief, But How Much Is Unknown
The U.S. Supreme Court's decision limiting judicial review of environmental analyses of infrastructure projects, combined with the Trump administration's drive to ease approval processes, may boost developers' optimism — but the extent to which reviews can be narrowed remains unknown.
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May 29, 2025
Judge Sees No Harm In BLM Drill Permits Near Colo. Grassland
A Colorado federal judge said an environmental group failed to show standing for a suit challenging the U.S. Bureau of Land Management's refusal to mitigate surface pollution from oil and gas wells on state and private lands on and around the Pawnee National Grassland.
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May 29, 2025
DOT Calls States' EV Charging Funding Suit Premature
The U.S. Department of Transportation urged a Washington federal judge to reject an attempt by 16 states to block the Trump administration from cutting off funding for electric vehicle charging projects, saying their claims aren't yet ripe for review.
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May 29, 2025
Big Oil Caused Woman's Heat Wave Death, Novel Suit Says
The daughter of a Seattle woman who died during a 2021 heat wave filed a first-of-its kind wrongful death suit in Washington state court Thursday against oil and gas giants — including BP, Chevron, ConocoPhillips and Shell — alleging the companies knew for decades their fossil fuel products would one day "claim lives."
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May 29, 2025
Interior OKs Utah Mine In First Fast-Tracked Energy Review
The U.S. Department of the Interior has greenlit a uranium and vanadium mine in southeastern Utah, the first to be approved under a new, expedited 14-day environmental review process.
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May 29, 2025
Kids Launch New Climate Case Over Trump Energy Orders
The U.S. government on Thursday was hit with a fresh lawsuit from youths alleging that federal energy policies harm their future by exacerbating climate change, specifically targeting President Donald Trump's executive orders aimed at boosting fossil fuels.
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May 29, 2025
RJ Reynolds Lied About Carbon Offset Of Vapes, Suit Says
A group of California vape users is suing R.J. Reynolds Vapor Co. and its U.S. and British affiliates in federal court, alleging that its claims that the Vuse vape is the first carbon-neutral electronic cigarette are misleading.
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May 29, 2025
High Court Restores Federal Approval Of Utah Oil Railway
The U.S. Supreme Court on Thursday upheld the federal government's approval of a rail project intended to haul crude oil out of Utah's Uinta Basin.
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May 28, 2025
16 States Sue Trump Admin Over Cuts To Science Grants
A coalition of 16 state attorneys general have sued the Trump administration in New York federal court on Wednesday to stop it from cutting millions of dollars in grant funds from the National Science Foundation for scientific research and programs aimed at enhancing diversity, equity and inclusion in STEM fields and environmental justice.
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May 28, 2025
Elon Musk Is Leaving White House Role, Trump Admin Says
Billionaire Elon Musk is ending his work with President Donald Trump and the federal Department of Government Efficiency, a White House official confirmed Wednesday evening.
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May 28, 2025
Venezuela Can't Relitigate Representation Issue, Court Told
Three Exxon Mobil Corp. affiliates on Tuesday pressed a D.C. federal court to reject Venezuela's argument that it was denied an opportunity to challenge a nearly $1 billion arbitral award that's before the court for enforcement, saying this defense was already rejected by the D.C. Circuit.
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May 28, 2025
DOI Faces Energy Co. Suit Over Fort Berthold Oil Lease
A Colorado energy company has sued the federal government over what it says is an approved 60-year-old oil and gas lease, saying that it was suddenly told in April that it never actually owned an interest in the lease on an Indian reservation in North Dakota.
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May 28, 2025
NRC Has No Defense For New License Rules, DC Circ. Told
Two anti-nuclear power groups are contending before the D.C. Circuit that the U.S. Nuclear Regulatory Commission is offering inconsistent arguments in defense of updated regulations for renewing nuclear power plant operating licenses.
Expert Analysis
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How Trump Policies Are Affecting The Right To Repair
Recent policy changes by the second Trump administration — ranging from deregulatory initiatives to tariff increases — are likely to have both positive and negative effects on the ability of independent repair shops and individual consumers to exercise their right to repair electronic devices, say attorneys at Carter Ledyard.
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How Attorneys Can Master The Art Of On-Camera Presence
As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.
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Series
Baseball Fantasy Camp Makes Me A Better Lawyer
With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.
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DOJ Immigration Playbook May Take Cues From A 2017 Case
A record criminal resolution with a tree trimming company accused of knowingly employing unauthorized workers in 2017 may provide clues as to how the U.S. Department of Justice’s immigration crackdown will touch American companies, which should prepare now for potential enforcement actions, says Jonathan Porter at Husch Blackwell.
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NM Case Shows Power Of Environmental Public Nuisance Law
A recent ruling from a New Mexico appeals court finding that a pattern of environmental violations, even without any substantial impact on a nearby community, can trigger nuisance liability — including potential damages and injunctive relief — has important implications for regulated entities in the state, says Kaleb Brooks at Spencer Fane.
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Series
Adapting To Private Practice: From Fed. Prosecutor To BigLaw
Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.
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PG&E Win Boosts Employers' Defamation Defense
A California appeals court's recent Hearn v. PG&E ruling, reversing a $2 million verdict against PG&E related to an ex-employee’s retaliation claims, provides employers with a stronger defense against defamation claims tied to termination, but also highlights the need for fairness and diligence in internal investigations and communications, say attorneys at Kaufman Dolowich.
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Jurisdiction Argument In USAID Dissent Is Up For Debate
A dissent refuting the U.S. Supreme Court’s recent order directing the U.S. Agency for International Development to pay $2 billion in frozen foreign aid argued that claims relating to already-completed government contract work belong in the U.S. Court of Federal Claims – answering an important question, but with a debatable conclusion, says Steven Gordon at Holland & Knight.
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How Importers Can Minimize FCA Risks Of Tariff Mitigation
False Claims Act risks are inherent in many tariff mitigation strategies, making it important for importers to implement best practices to identify and report potential violations of import regulations before they escalate, says Samuel Finkelstein at LMD Trade Law.
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State Securities Enforcers May Fill A Federal Enforcement Gap
The U.S. Securities and Exchange Commission appears poised to take a lighter touch under the new administration, but state enforcement efforts are likely to continue unabated, and potentially even increase, particularly with regard to digital assets and ESG disclosures, say attorneys at Ropes & Gray.
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Perfecting Security Interests In Renewable Energy Tax Credits
The ability to transfer renewable energy tax credits has created new opportunities for developers, investors and lenders, but it also raises important questions regarding when and how the security interests in these credits are perfected — questions that must be answered definitively to protect credit claims and transactions, says Harry Teichman at Stinson.
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Firms Still Have Lateral Market Advantage, But Risks Persist
Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Opinion
We Must Allow Judges To Use Their Independent Judgment
As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.
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Preparing For Tariffs On Canadian Power In The Northeast
The on-again, off-again risk of import and export tariffs on energy transactions between the U.S. and Canada may have repercussions for U.S. energy stakeholders in the ISO New England and New York Independent System Operator electricity markets — but there are options that could help reduce cost impacts, say attorneys at Husch Blackwell.
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Series
Performing Stand-Up Comedy Makes Me A Better Lawyer
Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.