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Energy
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March 26, 2025
5th Circ. Backs EPA Ozone Plan Rejections, Except In Miss.
The Fifth Circuit upheld the U.S. Environmental Protection Agency's disapproval of Texas and Louisiana's plans to comply with federal ozone standards, but it said the EPA's disapproval of Mississippi's plan was arbitrary because it relied on information that wasn't available when the state submitted its plan.
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March 26, 2025
3 Firms Guide Nuclear Power Startup's $925M SPAC Merger
Nuclear power developer Terrestrial Energy Inc. plans to go public by merging with special purpose acquisition company HCM II Acquisition Corp. at a $925 million equity value under guidance from three law firms, both parties announced Wednesday.
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March 26, 2025
Coalition Says Trump Admin Flouted Federal Rehiring Order
The Trump administration responded to an injunction compelling it to rehire over 15,000 fired probationary employees by placing them on leave, not bringing them back to work, a coalition of advocates for the workers told a California federal judge Wednesday, saying the administration hasn't complied with the injunction.
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March 26, 2025
DOI Lacked Authority To Cancel Arctic Leases, Judge Says
The U.S. Department of the Interior lacked authority to cancel seven oil and gas leases issued to the Alaska Industrial Development and Export Authority in the Arctic National Wildlife Refuge, a federal judge has ruled, saying the federal agency was required to get a court order before doing so.
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March 26, 2025
Trump Pick To Lead EPA Attys Grilled In Senate On Experience
President Donald Trump's pick to lead the U.S. Environmental Protection Agency's legal division came under intense scrutiny Wednesday as Senate Democrats questioned his legal experience and his relationship with a senior member of Trump's personnel team.
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March 26, 2025
Duke Energy Wins $20M In SC Investment Credits On Appeal
Duke Energy can have about $20 million in tax credits that were disallowed by South Carolina's tax agency because the law governing the credits grants a $5 million annual limit, not a $5 million lifetime limit, an appeals court ruled Wednesday, overturning an administrative law judge.
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March 26, 2025
Big Oil Cos. Must Face Tribal Climate Suits In State Court
A pair of lawsuits by Washington tribes alleging Exxon Mobil, BP, Shell, Chevron, ConocoPhillips and Phillips 66 deceived consumers about the climate impacts of burning fossil fuels belong in state court, a federal judge said Wednesday, handing the tribes a win in their venue dispute with the Big Oil companies.
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March 26, 2025
FERC Pressed To Reject $26.6B Constellation-Calpine Merger
Consumer and environmental groups have urged the Federal Energy Regulatory Commission to block Constellation's $26.6 billion purchase of Calpine, saying a tie-up of two of North America's largest independent power producers would reduce competition in the nation's largest regional electricity market.
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March 26, 2025
French Co. Fails To Win Arbitration Bid In Payment Dispute
French engineering company Saipem SA has lost its bid for a stay in a London court as it looks to arbitrate claims asserted by Panamanian logistics provider Destin Trading Inc. related to an alleged $7 million shortfall in payment for a Congo River project.
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March 26, 2025
Ex-GE Exec Gets 7 Years For Fraud In $1B Angola Energy Deal
A Manhattan federal judge hit a former GE Power executive with seven years in prison Wednesday, after a jury convicted him of forgery and taking a $5 million kickback while working on a $1.1 billion deal in his native Angola.
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March 25, 2025
Elliott Says Phillips 66 Aims To Thwart Its Proxy Contest
Elliott Investment Management on Tuesday accused Phillips 66 and its board of directors in Delaware Chancery Court of reducing the number of board seats up for election at the energy conglomerate's next annual shareholder meeting in order to thwart the hedge fund's impending proxy contest.
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March 25, 2025
Barretts Says Talc Injury Claims Belong To Ch. 11 Estate
Talc miner Barretts Minerals Inc. sought a Texas bankruptcy court's determination that talc injury claims based on inadequate asbestos testing are property of the estate in its Chapter 11 case, saying the question is a crucial hurdle as the company mediates a potential settlement with its affiliates, unsecured creditors and the future claims representative.
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March 25, 2025
Baltimore Bridge Collapse: One Year Later
Federal accident investigators' recent determination that Maryland could've done more to protect Baltimore's Francis Scott Key Bridge from a devastating collapse may complicate the sprawling legal battle over liability and damages in the year since a cargo ship struck the bridge and crippled a major East Coast transportation hub.
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March 25, 2025
Venezuelan Law Invalidates $2B Bonds, PDVSA Argues
Venezuela's state-owned oil company is fighting back against efforts by creditors to enforce some $2 billion in defaulted bonds, dismissing as "illogical" the creditors' argument that the underlying bond documents were exempt from a requirement for National Assembly approval.
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March 25, 2025
Canadian Miner Faces Deadline Over $10M Romania Award
A cash-strapped Canadian mining company is nearing a deadline to put up security for an approximately $10 million costs award issued to Romania after the country prevailed in the company's $4.4 billion arbitration over a blocked gold and silver mining project.
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March 25, 2025
North Carolina OSHA 'Incentive' Suit Dismissed Again
North Carolina labor officials have once again dodged a corrosion control company's lawsuit claiming the state agency wrongfully incentivized workplace safety inspectors to find violations, after a federal judge accepted a magistrate judge's analysis that the latest suit largely copied one that had already been tossed.
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March 25, 2025
Industry Backs BlackRock Over States' 'Crippling' Coal Suit
Two leading financial industry groups are throwing their support behind BlackRock Inc. and two other asset managers fighting a state-backed antitrust suit over their coal company investments, with one group arguing that forcing the firms to divest would have "crippling effects" for tens of millions of American investors.
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March 25, 2025
Insurers Claim 4th Circ. Must Revisit Ruling For Aluminum Co.
Insurers in a coverage cap dispute with an aluminum company have asked the Fourth Circuit to reconsider an opinion holding that an ambiguous policy provision must be construed in the company's favor, calling it contrary to South Carolina law.
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March 25, 2025
Edison Shareholder Latest To Sue Utility Brass Over Eaton Fire
Southern California's Eaton Fire could have been prevented had directors and officers of Southern California Edison's parent company not breached their duty to mitigate fire risks, especially in light of the public utility's "unfortunate long history" of improperly maintaining equipment, according to a new derivative shareholder filed in California state court.
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March 25, 2025
Utah Tribe 'Doubled-Down' In Bidding Scheme Row, Court Told
Utah Gov. Spencer Cox and other state officials are asking a federal court to dismiss a challenge by the Ute Indian Tribe that accuses them of a racist bidding scheme to prevent a land purchase just outside its reservation, arguing that its claims are precluded by federal law.
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March 25, 2025
Ship Co. Targets Vessel Seizure In $12M Arbitration Dispute
A U.S. shipping charter firm that specializes in the offshore wind market has urged a Mississippi federal court to let it seize a deep-sea motor vessel as it looks to enforce more than $12 million of arbitral awards against a Mexican maritime company.
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March 25, 2025
AI Clean Energy Co.'s Execs Get Shareholder Suit Axed
Leaders of artificial intelligence-driven clean energy company Stem Inc. have avoided, for now, a suit accusing them of misleading investors ahead of a merger, with the court ruling the suit is a "puzzle pleading" that does not sufficiently justify why certain statements should be considered fraudulent.
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March 25, 2025
Split 10th Circ. Finds Arbitrator Went Too Far With USW Award
A divided Tenth Circuit panel concluded Tuesday that an arbitrator went beyond his powers when finding salaried employees at an HF Sinclair facility in Wyoming must be part of a bargaining unit represented by the United Steelworkers, saying the issue was not brought to arbitration by either party.
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March 25, 2025
Justices Grapple With Circuit Courts' Clean Air Act Authority
U.S. Supreme Court justices on Tuesday indicated they want to preserve circuit courts' jurisdiction over certain regional Clean Air Act disputes but recognized that Congress deliberately prioritized the D.C. Circuit's authority in many important areas of the law.
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March 25, 2025
Colo. Judge Rejects Sanctions Against Oil Co. In Patent Fight
A Colorado federal judge said Tuesday that an oil and gas equipment company was in no position to seek sanctions against a competitor after making "contradictory and potentially unfounded" arguments in a patent fight, rejecting a magistrate judge's finding that the competitor violated a disclosure rule.
Expert Analysis
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
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Expect Continued Momentum For Nuclear Power In 2025
With increasing electricity demand, growing interest in carbon-free energy and recent policy initiatives favoring atomic power, the future is looking bright for the U.S. nuclear energy industry — and the imminent switch of administrations in Washington is unlikely to change that, say attorneys at Venable.
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An Associate's Guide To Career Development In 2025
As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.
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The Securities Litigation Trends That Will Matter Most In 2025
2025 is shaping up to be a significant year for securities litigation, as plaintiffs and defendants alike navigate shifting standards for omission theories of liability, class certification, risk disclosure claims and more, say attorneys at Willkie.
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What To Watch For In The 2025 Benefits Landscape
While planning for 2025, retirement plan sponsors and service providers should set their focus on phased implementation deadlines under both Secure 1.0 and 2.0, an upcoming U.S. Supreme Court ruling, and the fate of several U.S. Department of Labor regulations, says Allie Itami at Lathrop GPM.
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How White Collar Enforcement May Shift In Trump's 2nd Term
After President-elect Donald Trump returns to the White House next month, the administration’s emphasis on immigration laws, drug offenses and violent crime will likely reduce the focus on white collar crime overall, but certain areas within the white collar world may see increased activity, say attorneys at Keker Van Nest.
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COP29 Offers Pathway To A Global Carbon Market
COP29, the recently concluded United Nations climate conference, represented a breakthrough in the establishment of standards for a global carbon market — and voluntary carbon market participants in the U.S. and elsewhere can enhance the value of their projects by aligning them with these standards, say attorneys at Morgan Lewis.
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The Justices' Securities Rulings, Dismissals That Defined '24
The U.S. Supreme Court's 2024 securities rulings led to increased success for defendants' price impact arguments, but the justices' decisions not to weigh in on important issues relating to the Private Securities Litigation Reform Act's pleading requirements may be just as significant, say attorneys at Skadden.
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Series
Fixing Up Cars Makes Me A Better Lawyer
From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.
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2024 Has Been A Momentous Year For ESG
Significant developments in the environmental, social and governance landscape this year include new legislation, evolving global frameworks, continued litigation and enforcement actions, and a U.S. Supreme Court decision that has already affected how lower courts have viewed some ESG challenges, say attorneys at Katten.
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Advancing Storage-Integrated Power Generation In Turkey
Recent proposals by energy regulators in Turkey have laid the groundwork for further development of electricity generation plants with integrated energy storage facilities — offering opportunities for project developers and investors, and a possible model for U.S. regulators, say attorneys at Norton Rose.
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Making The Pitch To Grow Your Company's Legal Team
In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.
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Musk Pay Fight Shows Investor Approval Isn't Universal Cure
The Delaware Court of Chancery's recent denial of a motion revising its prior rescission of Elon Musk's nearly $56 billion compensation package is a reminder of the heightened standard corporate boards must meet in conflicted controller transactions and that stockholder approval doesn't automatically cure fiduciary wrongdoing, say attorneys at A&O Shearman.
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Top 10 Whistleblowing And Retaliation Events Of 2024
From a Florida federal court’s ruling that the False Claims Act’s qui tam provision is unconstitutional to a record-breaking number of whistleblower tips filed with the U.S. Commodity Futures Trading Commission, employers saw significant developments in the federal and state whistleblower landscapes this year, say attorneys at Proskauer.
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When US Privilege Law Applies To Docs Made Outside The US
As globalization manifests itself in disputes over foreign-created documents, a California federal court’s recent trademark decision illustrates nuances of both U.S. privilege frameworks and foreign evidentiary protections that attorneys must increasingly bear in mind, say attorneys at Hunton.