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Energy
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August 19, 2025
Dredging Vehicle Patent Sinks Over On-Sale Bar At Fed. Circ.
The Federal Circuit on Tuesday affirmed a Louisiana federal court's axing of claims in a Wilco Marsh Buggies and Draglines Inc.'s excavator and dredging vehicle patent, saying they were invalid because the product detailed in the patent was sold in the 1990s.
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August 19, 2025
Judge To Confirm Scanrock's Ch. 11 Plan After Settlement
A Texas bankruptcy judge on Tuesday conditionally confirmed the Chapter 11 plan of hydrocarbon driller Scanrock Oil & Gas, after the debtor resolved objections from parties including an ad hoc group, certain creditors and the U.S. Small Business Administration.
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August 19, 2025
FERC Grid Project Carveouts Are Unjustified, DC Circ. Told
The Federal Energy Regulatory Commission can't justify its decision to exempt a Kansas electricity cooperative's transmission projects from a regional grid operator's process to determine how project costs are divided before they're approved, the D.C. Circuit heard Monday.
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August 19, 2025
Sunnova's $118M Sale Can Proceed Despite Bank's Protest
A Texas bankruptcy judge Tuesday declined to undo a $118 million sale of almost all the assets of solar panel business Sunnova Energy International Inc., rejecting a St. Louis-area bank's argument that the debtor failed to disclose that nondebtor assets would be part of the transaction.
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August 19, 2025
Feds Say They'll Rescind Biden-Era Species Protections
The U.S. Fish and Wildlife Service has said it will rescind a Biden-era Endangered Species Act rule that automatically places the strongest protections on all plants and animals covered by law.
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August 19, 2025
Energy Co. Gets Overtime Case Pushed Into Arbitration
A North Carolina federal judge pushed into arbitration a quality control worker's overtime suit against a clean energy manufacturing company, ruling that the arbitration agreement the company presented to him while he was a putative member in a related case is valid.
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August 19, 2025
9th Circuit Pauses Oak Flat Land Transfer Pending Appeals
A Ninth Circuit panel has hit pause on the federal government's scheduled transfer of a centuries-old Indigenous worship site within Arizona's Tonto National Forest to a copper mining company while challenges to a multibillion-dollar proposed project play out in the appellate court.
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August 19, 2025
5th Circ. Says NLRB Structure Likely Unconstitutional
The Fifth Circuit on Tuesday upheld injunctions barring the National Labor Relations Board from prosecuting unfair labor practice cases against SpaceX and two other companies, saying the removal protections that federal labor law gives board members and agency judges likely violate the U.S. Constitution.
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August 19, 2025
Black Hills, NorthWestern Merge In $15.4B All-Stock Deal
Utility company Black Hills Corp., advised by Faegre Drinker Biddle & Reath LLP, on Tuesday announced plans to merge with Morgan Lewis & Bockius LLP-advised energy and infrastructure company NorthWestern Energy Group Inc. in an all-stock deal with a combined enterprise value of $15.4 billion.
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August 18, 2025
Respecting Picket Wasn't A Strike, Teamsters Local Tells Court
Airgas' collective bargaining agreement with a Teamsters local in Allentown, Pennsylvania, protects its workers' right to respect picket lines, the local told a Pennsylvania federal judge Monday, asking him to toss the gas supplier's claim that the workers' refusal to cross a picket line was a strike that violated the contract.
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August 18, 2025
Mexican Co. Slams 'Grotesque' $46M Award In LNG Plant Fight
A Mexican construction company asked a New York federal court Monday to vacate a $46 million arbitral award favoring industrial conglomerate Honeywell's subsidiary in a dispute over a contract to fabricate equipment for a liquefied natural gas plant, calling the award invalid, unjust and "grotesque."
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August 18, 2025
Catching Up With Delaware's Chancery Court
Executives and board members of Cencora Corp. tentatively settled a stockholder derivative suit for $111.25 million, VectoIQ board members reached a $6.3 million deal on stockholder claims over electric carmaker Nikola's prospects, and class attorneys who secured a $50 million derivative suit settlement saw their proposed 25% attorney fee cut by almost half. Here's the latest from the Delaware Chancery Court.
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August 18, 2025
Judge Won't Pause Pipeline Suit For Top Court Review
A Michigan judge on Monday said the state attorney general's legal fight over an Enbridge Energy LP pipeline in the Great Lakes can continue, even while the U.S. Supreme Court mulls whether the case belongs in state or federal court.
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August 18, 2025
Gas Cos. Tell DC Circ. Russia Must Face $34M Award Suit
Ukrainian gas companies seeking enforcement of a $34 million arbitral award against Russia have asked the D.C. Circuit to reject the Kremlin's sovereign immunity defense, saying the appeals court has already determined that argument lacks merit.
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August 18, 2025
Tribe, Groups Appeal Oak Flat Land Exchange To 9th Circ.
The San Carlos Apache Tribe and environmental groups have filed a Ninth Circuit appeal looking to overturn an Arizona federal court judge's decision that denied their bid to block the transfer of 2,500 acres to a copper mining company that they say will crater an ancient Indigenous worship site.
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August 18, 2025
GrafTech Investors' Plant Contamination Suit Gets Tossed
An Ohio federal judge threw out a shareholder lawsuit against GrafTech International Ltd. on Monday, ruling that allegations the company hid environmental contamination problems at a Mexican plant amounted to "fraud by hindsight."
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August 18, 2025
Honeywell Defeats Ex-Worker's 401(k) Forfeiture Suit
A New Jersey federal judge tossed a proposed class action Monday alleging Honeywell violated federal benefits law by putting 401(k) forfeitures toward employer-side contribution obligations instead of defraying administrative expenses, finding an ex-worker hadn't backed up claims the spending breached fiduciary duties or caused prohibited transactions.
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August 18, 2025
$28M ND Pipeline Protest Case Paused Amid Settlement Talks
A federal district court and the Eighth Circuit have paused a $28 million dispute between North Dakota and the United States over failure to control Dakota Access Pipeline protesters after the parties said they were negotiating to settle the case.
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August 18, 2025
Judge Rejects Energy Co.'s Bid To Toss $200M Hemp Suit
AES Clean Energy Development LLC's argument that it was not the party responsible for breaking irrigation lines leading to an alleged $200 million in damages to two hemp growers is a problem to still resolve in a lawsuit against the company, a Colorado federal judge found in denying a motion to dismiss on Monday.
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August 18, 2025
Vt. Says It Has The Authority To Enact Climate Superfund Law
Vermont has urged a federal judge to dismiss lawsuits challenging its recently enacted climate change Superfund law, saying it's a valid exercise of the state's authority to raise revenue and protect its citizens against environmental harms.
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August 18, 2025
Texas Specialty Recycling Facility Files For Ch. 11
A Texas company that recycles chemicals used in petroleum refining has filed for Chapter 11 in Texas, blaming equipment failures and unstable prices for the metals it recovers and seeking a sale by October to deal more than $403 million in debt.
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August 15, 2025
18 AGs, Governors Sue To Block DOE Funding Cap
A coalition of 19 states and Washington, D.C., on Friday hauled the U.S. Department of Energy into Oregon federal court, challenging a policy they say places a new cap on reimbursements for administrative and staffing costs, and thus slashes funds needed for state-run energy programs.
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August 15, 2025
Stewart Issues Dozens More Discretionary Denial Decisions
Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart denied numerous petitions challenging patents on discretionary grounds this week, while referring a smaller number of cases to the Patent Trial and Appeal Board.
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August 15, 2025
Carpatsky Fights Bid By Ukrnafta To Duck Disclosure Order
Carpatsky Petroleum Corp. is urging a Texas federal court not to let Ukraine's largest oil company duck its disclosure obligations as the U.S.-based company looks to enforce a confirmed $150 million arbitral award, arguing that the obligations are legitimate and not unduly burdensome.Â
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August 15, 2025
Argentina Can Stay YPF Stake Turnover, 2nd Circ. Says
The Second Circuit on Friday paused a New York federal judge's order requiring Argentina to give up its 51% equity stake in the nationalized oil company YPF SA to partially pay off a $16.1 billion judgment in investor litigation, while the country appeals.
Expert Analysis
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E-Discovery Quarterly: Rulings On Relevance Redactions
In recent cases addressing redactions that parties sought to apply based on the relevance of information — as opposed to considerations of privilege — courts have generally limited a party’s ability to withhold nonresponsive or irrelevant material, providing a few lessons for discovery strategy, say attorneys at Sidley.
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Opinion
9th Circ. Customs Fraud Ruling Is Good For US Trade
In an era rife with international trade disputes and tariff-evasion schemes that cost billions annually, the Ninth Circuit's recent decision in Island Industries v. Sigma is a major step forward for trade enforcement and for whistleblowers who can expose customs fraud, say attorneys at Singleton Schreiber.
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Opinion
Section 1983 Has Promise After End Of Nationwide Injunctions
After the U.S. Supreme Court recently struck down the practice of nationwide injunctions in Trump v. Casa, Section 1983 civil rights suits can provide a better pathway to hold the government accountable — but this will require reforms to qualified immunity, says Marc Levin at the Council on Criminal Justice.
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Trump's 2nd Term Puts Merger Remedies Back On The Table
In contrast with the Biden administration, the second Trump administration has signaled a renewed willingness to resolve merger enforcement concerns through remedies from the outset, particularly when the proposed fix is structural, clearly addresses the harm and does not require burdensome oversight, say attorneys at Cooley.
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What EPA Chemical Data Deadline Extension Means For Cos.
The U.S. Environmental Protection Agency's extension for manufacturers and importers of 16 chemical substances to report unpublished health and safety studies under the Toxic Substances Control Act could lead to state regulators stepping into the breach, while creating compliance risks and uncertainty for companies, say attorneys at Holland & Knight.
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Series
Playing Soccer Makes Me A Better Lawyer
Soccer has become a key contributor to how I approach my work, and the lessons I’ve learned on the pitch about leadership, adaptability, resilience and communication make me better at what I do every day in my legal career, says Whitney O’Byrne at MoFo.
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Series
Law School's Missed Lessons: Learning From Failure
While law school often focuses on the importance of precision, correctness and perfection, mistakes are inevitable in real-world practice — but failure is not the opposite of progress, and real talent comes from the ability to recover, rethink and reshape, says Brooke Pauley at Tucker Ellis.
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How Justices' Ruling On NEPA Reviews Is Playing Out
Since the U.S. Supreme Court's May decision in Seven County Infrastructure Coalition v. Eagle County, narrowing the scope of agencies' required reviews under the National Environmental Policy Act, the effects of the ruling are starting to become visible in the actions of lower courts and the agencies themselves, say attorneys at Saul Ewing.
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Deep-Sea Mining Outlook Murky, But May Be Getting Clearer
U.S. companies interested in accessing deep-sea mineral resources face uncertainty over new federal regulations and how U.S. policy may interact with pending international agreements — but a Trump administration executive order and provisions of the One Big Beautiful Bill Act should help bring clarity, say attorneys at Holland & Knight.
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AI Infrastructure Growth Brings Unique IP Considerations
The explosive rise of artificial intelligence has triggered an equally dramatic transformation in the supporting infrastructure required to meet growing AI demand, and the technology used in these data centers has its own intellectual property considerations to navigate, says Vincent Allen at Carstens Allen.
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Series
Adapting To Private Practice: From ATF Director To BigLaw
As a two-time boomerang partner, returning to BigLaw after stints as a U.S. attorney and the director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, people ask me how I know when to move on, but there’s no single answer — just clearly set your priorities, says Steven Dettelbach at BakerHostetler.
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Tips For US Investors Eyeing Middle East Data Centers
While Middle East data center investment presents a compelling opportunity in light of renewed U.S.-Gulf cooperation on artificial intelligence and critical technologies, these projects require a nuanced understanding of regional legal and regulatory regimes, says Haykel Hajjaji at Covington.
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New DOJ Penalty Policy Could Spell Trouble For Cos.
In light of the U.S. Department of Justice’s recently published guidance making victim relief a core condition of coordinated resolution crediting, companies facing parallel investigations must carefully calibrate their negotiation strategies to minimize the risk of duplicative penalties, say attorneys at Debevoise.
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Clean Energy Tax Changes Cut Timelines, Add Red Tape
With its dramatic changes to energy tax credits, the One Big Beautiful Bill Act will reshape project financing and investment planning — and wind and solar developers, especially those in the early stages of projects, face stricter timelines and heightened compliance challenges, says Dan Ruth at Balch & Bingham.
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How Cos. In China Can Tailor Compliance Amid FCPA Shifts
The U.S. Department of Justice’s recently updated Foreign Corrupt Practices Act enforcement guidelines create a fluid business environment for companies operating in China that will require a customized compliance approach to navigate both countries’ corporate and legal systems, say attorneys at Dickinson Wright.