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Energy
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June 16, 2025
DOJ Won't Charge PE Firm That Acquired Sanctions Violator
The U.S. Department of Justice has decided not to go after private equity firm White Deer Management LLC after it discovered and voluntarily disclosed that Unicat's former leadership had violated economic sanctions and export laws, according to an announcement made Monday.
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June 16, 2025
Toyota Unit Seeks OK Of €106M Award Against Spain
A Japanese division of Toyota Group's trading arm has petitioned a D.C. federal court to enforce a €106.2 million ($122.9 million) arbitral award issued in 2022 against Spain, days after the country paid an arbitral award issued to another Asian investor.
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June 16, 2025
NY Seeks To Move Feds' Climate Superfund Suit Upstate
The Trump administration's lawsuit challenging New York's climate change Superfund law should be transferred from the Southern District of New York to the Northern District, where it can join a similar lawsuit lodged by several Republican-led states, New York told a federal judge.
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June 16, 2025
Petroleum Co. Owes $21M In Withdrawal Liability, Fund Says
Petroleum company Sieveking Inc. was hit Monday with a $21 million withdrawal liability suit in Illinois federal court by a pension fund that says the company should be paying off its balance while it asks an arbitrator to weigh in.
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June 16, 2025
Chancery Taps Lead Counsel For Chemours Disclosures Suit
Schubert Jonckheer & Kolbe and The Brown Law Firm PC got the nod in Delaware's Court of Chancery on Monday to lead a consolidated stockholder derivative suit seeking damages on behalf of Chemours Inc. arising from an alleged $575 million manipulation of company reports over two years.
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June 16, 2025
Ky. Judge Trims Firefighters' Claims In CSX Derailment Suit
A Kentucky federal judge said Monday that state law bars most claims in a personal injury lawsuit from seven firefighters alleging rail giant CSX Transportation Inc. is strictly liable for a 2023 derailment that exposed first responders to toxic fumes.
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June 16, 2025
Burgess Biopower Gets OK For Ch. 11 Debt-Equity Swap
A Delaware bankruptcy judge on Monday approved the Chapter 11 debt-equity-swap reorganization of New Hampshire power plant operator Burgess BioPower.
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June 16, 2025
Energy Transfer Agrees To $15M Settlement In Pipelines Suit
Energy Transfer and a group of investors have reached a $15 million settlement to resolve a class action claiming the company misled them about its $3 billion Mariner East 2 and Revolution pipeline projects, after a trial date for the case was scratched last month.
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June 16, 2025
Shell Loses Bid To Halt Suit Over Oil Terminal's Pollution Plan
Two Shell Oil Co. subsidiaries cannot halt discovery in an environmental group's challenge to pollution control efforts at a New Haven petroleum terminal based on their interpretations of a state agency's draft permit, a Connecticut federal judge has ruled.
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June 16, 2025
6th Circ. Denies Mich. Gov.'s Rehearing Bid In Pipeline Suit
A three-judge panel of the Sixth Circuit on Monday rejected a request for a rehearing from Michigan Gov. Gretchen Whitmer, who had asked the appellate court to reconsider its earlier decision that she didn't have sovereign immunity from Enbridge Energy's lawsuit seeking to halt her efforts to shut down the Line 5 pipeline.
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June 16, 2025
NRC Commissioner Says Trump Illegally Fired Him
Former U.S. Nuclear Regulatory Commission chairman and current commissioner Christopher Hanson said Monday that President Donald Trump illegally fired him on Friday, becoming the latest member of an independent agency removed by the president.
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June 16, 2025
Judge Orders DOJ To Address Cuellar's Grand Jury Request
A Houston judge has given prosecutors until the end of the month to address whether they should provide U.S. Rep. Henry Cuellar with certain grand jury materials connected to his bribery case.
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June 16, 2025
High Court Will Hear Chevron, Exxon Pollution Liability Case
The U.S. Supreme Court agreed Monday to determine whether federal or state courts are the proper venue for Louisiana's bid to hold Chevron, Exxon Mobil and other major oil companies liable for damages to the state's coastal lands that were allegedly caused by World War II-era oil production activities.
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June 16, 2025
GAO Says DOE Hasn't Held Funds Under Trump Wind Pause
The U.S. Department of Energy has not unlawfully withheld any federal funds in response to a presidential memorandum directing it and the U.S. Department of the Interior to put all wind energy permitting and leasing activities on hold, the U.S. Government Accountability Office said Monday.
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June 13, 2025
9th Circ. Allows ConocoPhillips Project To Proceed, For Now
The Ninth Circuit on Friday held that the U.S. Bureau of Land Management must reconsider a small part of its approval for the controversial ConocoPhillips Willow oil and gas project, though it stopped short of vacating existing approvals for the Arctic energy development and allowed the project to proceed.
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June 13, 2025
Trump Clears US Steel Merger With Japan's Nippon
President Donald Trump has approved the long-delayed deal between U.S. Steel and Japan's Nippon Steel, the companies said Friday, following a protracted, 18-month saga that included a block of the transaction by President Joe Biden.
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June 13, 2025
State Dept. Layoffs Still Violate Injunction, Judge Says
A California federal judge said Friday that planned staff reductions at the State Department would violate her injunction blocking President Donald Trump's executive order directing layoffs at federal agencies, saying she's not persuaded by the government's assertion that the department's reorganization was underway before the order.
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June 13, 2025
PetroSaudi Unit Liquidators Seek Pause In $380M Award Suit
Liquidators seeking to establish control over a PetroSaudi unit that won a $380 million arbitral award asked a California federal judge to let them join U.S. Justice Department litigation targeting the award over ties to funds embezzled from a Malaysian sovereign wealth fund.
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June 13, 2025
Trump Ends Protections, Funding For Columbia River Basin
President Donald Trump has pulled the U.S. from a Biden-era agreement with two Pacific Northwest states and three tribal nations to restore salmon populations in the Columbia River Basin and increase clean energy production, saying his administration is committed to protecting the country from "radical green agenda policies."
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June 13, 2025
Enviro Orgs. Challenge Trump's Mercury Rule Pass For Coal Plants
As the Trump administration moves to undo recently tightened mercury emissions rules for coal-fired power plants, environmental groups have challenged President Donald Trump's decision to exempt dozens of plants from the stricter standards.
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June 13, 2025
Ex-Ill. Speaker Madigan Gets 7½ Years For Bribery
An Illinois federal judge on Friday sentenced former Illinois House Speaker Michael Madigan to seven and a half years in prison and fined him $2.5 million for his conviction on bribery, conspiracy and wire fraud charges, saying his determination that Madigan perjured himself on the stand at trial impacted the stiff penalty.
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June 13, 2025
ENGlobal OK'd For Ch. 11 Sale And Wind Down Plan
Engineering firm ENGlobal Corp. on Friday confirmed a Chapter 11 plan to wind down following the sale of its business just over three months after it filed for bankruptcy in Texas.
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June 13, 2025
Exxon Faces Suit Over Oil And Gas Well Stimulation Patent
Texas-based Renascent Energy Holdings LLC has accused Exxon Mobil Corp. of infringing a patent by using methods to operate and stimulate oil and gas wells.
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June 13, 2025
DC Circ. Sides With FERC In Substation Cost Dispute
A D.C. Circuit panel ruled Friday that the Federal Energy Regulatory Commission got it right when it denied a wind facility operator's petition seeking reimbursement from the Western Area Power Administration for its contribution to a substation expansion.
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June 13, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen Tottenham Hotspur FC kick off against Manchester United co-owner Ineos Automotive following a soured sponsorship deal, Acer and Nokia clash over patents for video coding technology, and two investors reignite litigation against the founders of an AI exercise bike business that unlawfully pocketed $1.2 million in investments to fund their own lifestyles. Here, Law360 looks at these and other new claims in the U.K.
Expert Analysis
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House Bill Tax Tweaks Would Hinder Renewable Projects
Provisions in the budget reconciliation bill recently passed by the U.S. House of Representatives would rapidly phase out clean energy tax credits, constrain renewable energy financing arrangements and impose sweeping restrictions on projects with foreign ties, which may create compliance and supply chain issues for many developers, say attorneys at Paul Hastings.
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Buyer Beware Of Restrictive Covenants In Delaware
Based on recent Delaware Chancery Court opinions rejecting restricted covenants contained in agreements in the sale-of-business context, businesses need to craft narrowly tailored restrictions that have legitimate interests, say attorneys at Saul Ewing.
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Brazilian Jiujitsu Makes Me A Better Lawyer
Competing in Brazilian jiujitsu – often against opponents who are much larger and younger than me – has allowed me to develop a handful of useful skills that foster the resilience and adaptability necessary for a successful legal career, says Tina Dorr of Barnes & Thornburg.
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Key Steps For Traversing Federal Grant Terminations
For grantees, the Trump administration’s unexpected termination or alteration of billions of dollars in federal grants across multiple agencies necessitates a thorough understanding of the legal rights and obligations involved, either in challenging such terminations or engaging in grant termination settlements and closeout procedures, say attorneys at Holland & Knight.
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Opportunities And Challenges For The Texas Stock Exchange
While the new Texas Stock Exchange could be an interesting alternative to the NYSE and the Nasdaq due to the state’s robust economy and the TXSE’s high-profile leadership and publicity opportunities for listings, its success as a national securities exchange may hinge on resolving questions about its regulatory and cost advantages, say attorneys at Norton Rose.
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Energy Order Brings Risks For Lenders And Borrowers Alike
A recent executive order directing the attorney general to submit a report next month with recommendations for halting enforcement of state laws the administration says are hampering energy resources presents risks for lenders and borrowers using state-generated carbon credits, but proactive steps now can help insulate against adverse consequences, say attorneys at Faegre Drinker.
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What's At Stake As Trump Admin Targets Carbon Markets
Trading in greenhouse gas emissions and reductions has long been touted as a way to leverage market forces to tackle climate change cost-effectively, and that theory may be put to the test amid momentous progress and fresh challenges, particularly as the Trump administration takes aim at climate initiatives, say attorneys at DLA Piper.
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Power To The Paralegals: An Untapped Source For Biz Roles
Law firms looking to recruit legal business talent should consider turning to paralegals, who practice several key skills every day that prepare them to thrive in marketing and client development roles, says Vanessa Torres at Lowenstein Sandler.
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Using Federal Forum Provisions To Nix State Securities Cases
A California appeals court's recent decision in Bullock v. Rivian clarifies that underwriters may enforce federal forum provisions to escape state court Securities Act claims, marking progress in restoring such lawsuits to federal court and reducing the litigation costs arising from duplicative state court litigation, say attorneys at Paul Weiss.
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Tariff Strategies For The US Renewable Energy Sector
The Trump administration's tariff actions over the last few months are challenging for the renewable energy industry — but there are strategies for contending with the uncertainty, including diversifying supply chains, seeking certification about equipment origins, and adding tariff-related language to supply contracts and offtake agreements, say attorneys at Sheppard Mullin.
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Series
Playing Poker Makes Me A Better Lawyer
Poker is a master class in psychology, risk management and strategic thinking, and I’m a better attorney because it has taught me to read my opponents, adapt when I’m dealt the unexpected and stay patient until I'm ready to reveal my hand, says Casey Kingsley at McCreadyLaw.
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3 Tax Issues Manufacturers Should Watch In 2025 Budget Bill
As Congress works toward a budget reconciliation bill, manufacturing companies should keep a keen eye on proposals to change bonus depreciation, the qualified business income deduction and energy tax credits, which could have a significant impact on capital-intensive industries, say attorneys at Frost Brown Todd.
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Trump Rule Would Upend Endangered Species Status Quo
The Trump administration's recent proposal to rescind the regulatory definition of "harm" in the Endangered Species Act would be a tectonic shift away from years of established regulatory practice, with major implications for both species protection and larger-scale conservation efforts, says David Smith at Manatt.
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Chancery Ruling Raises Bar For Advance Notice Bylaws Suits
The Delaware Court of Chancery's recent ruling in Siegel v. Morse will make it more difficult for plaintiffs to successfully challenge advance notice bylaws before the emergence of an actual or threatened proxy contest, presumably reducing the occurrence of such challenges, say attorneys at Venable.
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DOJ Memo Raises Bar For Imposition Of Corporate Monitors
A recently released U.S. Department of Justice memo, outlining guidance on the imposition of compliance monitors in corporate criminal cases, reflects DOJ leadership’s concerns about scope creep and business costs, but the strategies for companies to avoid a monitorship haven't changed much compared to the Biden era, says James Koukios at MoFo.