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Energy
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June 20, 2025
Microplastics Focus May Force Change In Biz Practices
The U.S. Environmental Protection Agency confirmed it's considering research that could lead to microplastics regulation, and although policies may be years away, businesses are already facing pressure to change their practices from increasing state regulation and consumer litigation.
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June 20, 2025
Exxon Says Class Action Trial Should Be Pushed To 2026
Exxon Mobil told a federal court Friday that a November trial in a class action accusing the oil giant of misleading investors should be delayed, writing that the class is seeking a trial on new theories of liability that were not presented at class certification.
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June 20, 2025
FERC Pauses Regulations To 'Speed Up' Natural Gas Projects
The Federal Energy Regulatory Commission recently made moves including the enactment of a one-year waiver on a construction authorization policy in order to "speed up" natural gas infrastructure projects in the U.S., the agency has announced.
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June 20, 2025
Mich. AG, Enviro Groups Fight Feds' Coal Plant Order
Michigan's attorney general and several environmental groups want to undo the federal government's order forcing a retiring power plant to stay open through the summer, saying the energy crisis cited in the order doesn't exist.
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June 20, 2025
Norton Rose Adds Holland & Knight Tax Partner In DC
Norton Rose Fulbright has expanded its tax insurance underwriting offerings in the nation's capital with the addition of a partner from Holland & Knight LLP.
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June 20, 2025
Taxation With Representation: Latham, Paul Weiss, Covington
In this week's Taxation With Representation, Nippon Steel closes its purchase of U.S. Steel, Hunter Point Capital buys a minority stake in Equitix, Eaton acquires Ultra PCS Ltd. from the Cobham Ultra Group, and Eli Lilly and Co. acquires Verve Therapeutics.
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June 20, 2025
Justices Say Fuel Groups Can Fight Emissions Waiver
The U.S. Supreme Court on Friday said that fuel industry groups can challenge the U.S. Environmental Protection Agency's Clean Air Act waiver that has allowed California to set its own greenhouse gas emissions standards for vehicles.
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June 18, 2025
Tesla Says Justices Shouldn't Wait On La. Auto Sales Law
Tesla is asking the U.S. Supreme Court not to push off considering Louisiana regulators' petition seeking to appeal the revival of a lawsuit brought by the electric-car maker targeting the state's ban on direct sales by automakers, even though the state has asked the justices to wait.
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June 18, 2025
Feds Want Nuke Trust Earnings To Offset DOE Breach Awards
The U.S. government asked the Federal Circuit to toss a ruling holding that trust fund earnings that reimbursed closed nuclear plant owners' spent fuel storage costs should not offset the damages awarded for the Energy Department's ongoing failure to accept fuels for disposal.
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June 18, 2025
DC Judge Delves Into Facts Of Long-Running Price-Fix MDL
A D.C. federal judge spent four hours Wednesday morning trying to sort out the facts in sprawling, long-running multidistrict litigation accusing the country's four largest railroad companies of fixing fuel surcharge prices, so that she can tackle summary judgment.
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June 18, 2025
Pollution Insurer Says Cos. Not Covered In Groundwater Row
A pollution liability insurer for an oilfield services company told a Texas federal court it owes no coverage for two lawsuits accusing the company and a former subsidiary of groundwater contamination, arguing the company breached its claim reporting requirements and knew of the alleged contamination before purchasing coverage.
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June 18, 2025
Google's $32B Wiz Bid Gets DOJ Scrutiny, And Other Rumors
The U.S. Department of Justice is reviewing Google’s $32 billion Wiz deal, Mitsubishi could pay $8 billion for Aethon Energy's assets, and hedge fund Millennium could fetch a $14 billion valuation with a minority stake sale. Here’s a breakdown of the notable deal rumors from the past week.
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June 18, 2025
3 Firms Build Array's $179M Buy Of Fellow Solar Tech Biz
Solar tracking products provider Array Technologies on Wednesday announced plans to acquire engineered foundations company APA Solar LLC in a deal that boasts an enterprise value of roughly $179 million and was guided by three law firms.
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June 18, 2025
Judge Says A Ruling Unfreezing Wind Projects May Be Pyrrhic
A Massachusetts federal judge said on Wednesday he will allow key claims to move forward in a suit challenging the Trump administration's halt of wind farm project reviews, yet he suggested even if the plaintiffs ultimately prevail, the administration could still simply deny requests for permits and leases.
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June 18, 2025
Nippon, US Steel Officially Close Deal, Backed By 5 Law Firms
Nippon Steel has officially closed its purchase of U.S. Steel, the companies announced Wednesday, forming a global steelmaking partnership backed by $11 billion in planned U.S. investments and a national security agreement with the federal government.
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June 18, 2025
Supreme Court Says Biofuel Waiver Fights Belong In DC Circ.
The U.S. Supreme Court on Wednesday ruled that the D.C. Circuit is the proper venue for challenges to the U.S. Environmental Protection Agency's denial of biofuel waivers to small refiners, while state-level disputes over national ozone air quality standards must be heard in regional circuit courts.
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June 18, 2025
High Court Says Texas Can't Challenge Nuclear Waste Site
The U.S. Supreme Court on Wednesday said Texas and a mineral owner could not challenge the Nuclear Regulatory Commission's approval of a temporary nuclear waste storage facility in the state, while sidestepping the issue of whether the agency is authorized to license such facilities.
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June 17, 2025
Sunoco Pipeline Leak Class Claims Return To Philly Court
A Pennsylvania federal judge has sent environmental class claims over a Sunoco pipeline leak back to state court in Philadelphia, ruling that a carveout to federal class action law where the majority of plaintiffs reside in the same place makes it a state court matter.
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June 17, 2025
States Say Trump Admin Can't Freeze EV Charging Funds
An attorney for the Washington Attorney General's Office on Tuesday urged a federal judge in Seattle to issue a preliminary injunction requiring the Trump administration to release funding for electric vehicle charging infrastructure projects in 16 states, saying the administration cannot "go back in time" and eliminate congressionally approved funding.
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June 17, 2025
Tatneft Wants $172M Award Suit Put Back On Track
One of Russia's largest oil companies pressed a D.C. federal court to restart its long-delayed lawsuit aimed at enforcing an almost 11-year-old $173 million arbitral award against Ukraine, saying discovery must proceed despite the ongoing war.
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June 17, 2025
La. Law Will Make Tesla Sales Less Onerous, Justices Told
Louisiana regulators are hoping the U.S. Supreme Court will hold off on considering their request to take up a Tesla-brought case targeting the state's ban on direct sales by automakers, saying a new law is about to change things and the justices should wait until it takes effect.
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June 17, 2025
Decarb Investors Reach $8.8M Deal In Hyzon Motors SPAC Suit
An investor who challenged a $2.1 billion take-public merger for Hyzon Motors Inc. in 2021 that he says deprived them of the opportunity to make an informed choice between sticking with the deal or cashing out told a Delaware vice chancellor Monday they've settled the case for $8.8 million.
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June 17, 2025
Barrick Pursues Arbitration Amid Mali Gov't Seizing Gold Mine
A commercial court in the African country of Mali has placed a gold mining project operated by Barrick Mining Corp. under government administration, a move the Canadian company has claimed has rendered ongoing arbitration between the parties more critical than ever.
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June 17, 2025
Norton Rose Helps Steer $3.8B Keyera-Plains Natural Gas Deal
Canadian oil and gas giant Keyera, advised by Norton Rose Fulbright Canada LLP and McCarthy Tetrault LLP, will acquire substantially all of Plains All American Pipeline LP's Canadian natural gas liquids business for roughly $3.77 billion (around CA$5.16 billion), the companies announced Tuesday.
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June 17, 2025
Venezuela Oil Co. PDVSA Must Face $258M Default Ruling
Spanish company Elecnor SA has achieved a green light from a New York state judge to pursue enforcement of a nearly $258 million default judgment against Venezuela's state-owned oil and natural gas company over unpaid debt.
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.