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Energy
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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.
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July 14, 2025
Feds Argue Trump's Energy Orders Should Not Be Blocked
The federal government is fighting an effort to block President Donald Trump's fossil fuel-boosting executive orders that was filed by youths alleging U.S. energy policies harm their future by exacerbating climate change.
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July 14, 2025
Ex-ComEd Exec Gets 1½ Years For Hiding Madigan Bribes
An Illinois federal judge on Monday sentenced a former Commonwealth Edison executive and lobbyist to one and a half years in prison for his role in a scheme to steer payments to allies of ex-Illinois House Speaker Michael Madigan to win his support for energy legislation favorable to the utility, and for falsifying company records to hide no-show jobs for Madigan's associates.
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July 14, 2025
K&L Gates' DC Office Head Assumes US Leadership Role
K&L Gates LLP announced the appointment of new leadership in the United States on Monday, elevating the head of its Washington, D.C., office to the role of U.S. regional managing partner.
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July 14, 2025
TV Reporter Fights Town's Appeal After Broken Leg Trial Win
A television reporter whose leg was broken when he was allegedly hit by a public power employee's truck in the parking lot of a town hall has urged North Carolina's highest court to uphold a jury verdict finding that his injury was a result of the town worker's negligence.
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July 14, 2025
Mazda Slams 'Frivolous' Filings In Tossed Oil Burning Suit
Mazda Motor of America Inc. is threatening sanctions against the leader of a now-dismissed proposed class action alleging it sold vehicles with an oil burning defect, saying he is retreading since-debunked arguments and misstating facts in his bid to revive his case.
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July 11, 2025
5th Circ. Cites Expert Errors In Rejecting BP Spill Sinus Claims
The Fifth Circuit has ended a cleanup worker's toxic tort lawsuit against BP Exploration & Production Inc. claiming he suffered sinus issues from cleaning up the 2010 Deepwater Horizon spill, saying his experts' testimony, some of which was riddled with errors, was properly ejected by the trial court.
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July 11, 2025
Colo. Court Mostly Backs Coal Mine In Water Permit Dispute
A Colorado appeals court said that most of the stormwater discharges produced by a mining company in Gunnison County do not require a permit, reversing lower court and administrative judge rulings.
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July 11, 2025
Ill. Judge Gives OK To $12.1M Speedway Privacy Settlement
An Illinois federal judge gave preliminary approval for a $12.1 million class action settlement in a biometric privacy law dispute between Speedway LLC and nearly 7,700 current and former gas station employees after ordering a lower redistribution trigger for initial payments that aren't cashed.
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July 11, 2025
Courts Face Early Push To Expand Justices' Injunction Ruling
In the two weeks since the U.S. Supreme Court curtailed federal judges' ability to issue universal injunctions, Trump administration attorneys have begun pushing to expand the decision's limits to other forms of relief used in regulatory challenges and class actions. So far, judges don't appear receptive to those efforts.Â
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July 11, 2025
9th Circ. Upholds Feds' Arctic Ringed Seal ESA Protections
The Ninth Circuit on Friday upheld the federal government's Endangered Species Act protections for Arctic ringed seals and rejected Alaska's effort to roll them back.
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July 11, 2025
Feds Flag Possible Atty Conflict In Cuellar Bribery Case
Federal prosecutors on Friday asked for a hearing in the bribery case of U.S. Rep. Henry Cuellar of Texas to determine if one of his lawyers should bow out because he previously represented a witness whom he helped set up a consulting firm allegedly used to funnel money to the congressman.
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July 11, 2025
Hess Faces Investor Suit Over $53B Chevron Deal
As the parties await the result of a critical arbitration proceeding that could sink a planned $53 billion sale of Hess to Chevron, a shareholder is arguing that the deal disproportionately benefits CEO John Hess at the expense of the company's investors.
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July 11, 2025
Transportation Policies To Watch In 2025: A Midyear Report
Sweeping new tariffs, revised vehicle emission and fuel-economy standards, and aviation safety reforms are some of the transportation industry's top regulatory priorities to watch in the second half of 2025.
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July 11, 2025
Taxation With Representation: Davis Polk, Kirkland, Cassels
In this week's Taxation With Representation, Merck buys U.K. drugmaker Verona Pharma, CoreWeave acquires fellow data center company Core Scientific, Royal Gold acquires Sandstorm Gold and Horizon Copper, and Italian food company Ferrero buys WK Kellogg.
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July 10, 2025
Black Worker Claims Bias At Nuclear Safety Organization
A nuclear power safety organization repeatedly promoted white men rather than a more qualified Black woman, the worker told a Georgia federal court Thursday, claiming the group has endeavored for years to keep Black employees out of leadership positions.
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July 10, 2025
Sunoco Faces Another Suit Over Jet Fuel Pipeline Leak In Pa.
Sunoco has been slapped with another lawsuit in Philadelphia County Court alleging that a leaky pipeline resulted in jet fuel and other petroleum products contaminating residential property, groundwater, soil and air.
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July 10, 2025
Fed. Circ. Judges Get Tough With Phillips 66 In Retrial Spat
The Federal Circuit tangled with Phillips 66 on Wednesday over the "talismanic significance" of a lower court judge declaring the oil and gas giant had made prejudicial arguments in an infringement case over oil refinery patents.
Expert Analysis
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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.
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Calif. Air Board Offers Early Hints On Climate Reporting
As initial reporting deadlines for California's new climate reporting laws approach, guidance provided by the California Air Resources Board in a virtual public workshop sheds some light on rulemaking to come, and how to prepare for compliance during this period of uncertainty, say attorneys at Simpson Thacher.
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Series
Law School's Missed Lessons: Supporting A Trial Team
While students often practice as lead trial attorneys in law school, such an opportunity likely won’t arise until a few years into practice, so junior associates should focus on honing skills that are essential to supporting a trial team, including organization, adaptability and humility, says Lucy Zelina at Tucker Ellis.
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Opinion
Address Nationwide Injunction Issues With Random Venues
Many of the qualms about individual district court judges' authority to issue nationwide injunctions could be solved with a simple legislative solution: handling multiple complaints about the same agency action filed in different district courts by assigning a venue via random selection, says Harvey Reiter at Stinson.
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Series
Adapting To Private Practice: From US Attorney To BigLaw
When I transitioned to private practice after government service — most recently as the U.S. attorney for the Eastern District of Virginia — I learned there are more similarities between the two jobs than many realize, with both disciplines requiring resourcefulness, zealous advocacy and foresight, says Zach Terwilliger at V&E.
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The Ins And Outs Of Consensual Judicial References
As parties consider the possibility of judicial reference to resolve complex disputes, it is critical to understand how the process works, why it's gaining traction, and why carefully crafted agreements make all the difference, say attorneys at Pillsbury.