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Energy
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May 28, 2025
16 States Sue Trump Admin Over Cuts To Science Grants
A coalition of 16 state attorneys general have sued the Trump administration in New York federal court on Wednesday to stop it from cutting millions of dollars in grant funds from the National Science Foundation for scientific research and programs aimed at enhancing diversity, equity and inclusion in STEM fields and environmental justice.
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May 28, 2025
Elon Musk Is Leaving White House Role, Trump Admin Says
Billionaire Elon Musk is ending his work with President Donald Trump and the federal Department of Government Efficiency, a White House official confirmed Wednesday evening.
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May 28, 2025
Venezuela Can't Relitigate Representation Issue, Court Told
Three Exxon Mobil Corp. affiliates on Tuesday pressed a D.C. federal court to reject Venezuela's argument that it was denied an opportunity to challenge a nearly $1 billion arbitral award that's before the court for enforcement, saying this defense was already rejected by the D.C. Circuit.
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May 28, 2025
DOI Faces Energy Co. Suit Over Fort Berthold Oil Lease
A Colorado energy company has sued the federal government over what it says is an approved 60-year-old oil and gas lease, saying that it was suddenly told in April that it never actually owned an interest in the lease on an Indian reservation in North Dakota.
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May 28, 2025
NRC Has No Defense For New License Rules, DC Circ. Told
Two anti-nuclear power groups are contending before the D.C. Circuit that the U.S. Nuclear Regulatory Commission is offering inconsistent arguments in defense of updated regulations for renewing nuclear power plant operating licenses.
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May 28, 2025
Feds Ask SC Judge To Toss Suit Over Frozen Grant Funding
The Trump administration urged a South Carolina federal judge to dismiss a complaint challenging its authority to freeze and terminate grant funding for lack of jurisdiction, as it also appeals an order directing it to restore several dozen grants funded by Congress.
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May 28, 2025
Duke Energy Settles Proposed Class Action Over Data Breach
Duke Energy has reached a deal in a proposed class action alleging that customers' sensitive personal information was exposed in a data breach last year, according to a joint notice the parties filed in North Carolina federal court.
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May 28, 2025
Feds Won't Appeal Offshore Fish Farming Permit Decision
The federal government will not appeal a decision to set aside a U.S. Army Corps of Engineers' permit intended to speed up industrial aquaculture in public ocean waters, ending the dispute and any future use of the structures off the country's eastern and western coasts.
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May 28, 2025
CFPB Energy Loan Rule An 'Unlawful Power Grab,' Suit Says
Lenders that finance clean energy home improvement projects on Wednesday challenged a Biden-era rule that applies standard mortgage protections to loans where homeowners pay for such projects through property tax bills, saying the rule is unlawful and threatens to kill their business.
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May 28, 2025
'ComEd Four' Denied New Trial After High Court Ruling
An Illinois federal judge on Wednesday denied a motion by Commonwealth Edison Co.'s former CEO and lobbyists to throw out their corruption convictions in the wake of a recent U.S. Supreme Court false-statement ruling, saying the jury made a "reasonable call" that they falsified internal records to hide the steering of benefits to ex-Illinois House Speaker Michael Madigan.
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May 28, 2025
Groups Claim Mass. Offshore Wind Will Harm Views, Wildlife
Opponents of a permitted offshore wind project that would provide power to Massachusetts have sued in D.C. federal court, arguing turbines would bring problems for marine life and disrupt views on the historic islands of Nantucket and Martha's Vineyard.
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May 28, 2025
FERC's Ex-GC Joins Wilson Sonsini's DC Energy Team
The former general counsel at the Federal Energy Regulatory Commission has joined Wilson Sonsini Goodrich & Rosati PC's energy and climate solutions practice in Washington, D.C., as a partner, the firm announced Wednesday.
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May 27, 2025
Musk, DOGE Fail To Nix States' Suit Against 'Limitless' Power
Fourteen states can proceed in their lawsuit challenging Elon Musk and the Department of Government Efficiency's influence in the federal government after a D.C. federal judge Tuesday refused to toss their suit, rejecting the government's contention that Musk wasn't subject to the U.S. Constitution's appointments clause.
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May 27, 2025
Greenpeace Fights To Walk Back $666M Pipeline Verdict
Greenpeace on Tuesday continued its post-trial attack on a $666 million defamation and property damage case against Dakota Access pipeline builder Energy Transfer, telling a North Dakota judge that a lack of evidence requires overturning numerous jury findings.
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May 27, 2025
Citgo Auction Deadline Extended Amid Venezuela Debt Fight
A Delaware federal judge agreed Tuesday to extend a crucial deadline in a forthcoming auction of Citgo's parent company to satisfy billions of dollars of Venezuelan debt, following a "monumental" ruling in New York partially shutting down parallel litigation by creditors outside the Citgo sales process.
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May 27, 2025
Trader Seeks OK Of $4.7M Award Against Mexican Co.
A commodities trading company has asked a Texas federal judge to enforce a $4.7 million arbitral award against a Mexican petroleum product distributor in a dispute over the distributor's failure to satisfy its obligations as a debt guarantor for its sister company.
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May 27, 2025
Fed. Circ. Backs Engineering Co. Win In Patent Fight
The Federal Circuit on Tuesday refused to revive allegations that a Texas-based engineering services company infringed a half dozen patents related to oil and gas industry pipeline integrity testing, finding a lower court judge's interpretation of key patent terms was correct.
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May 27, 2025
Enagas Sees Arbitral Award Against Peru Raised To $302M
An international tribunal has ruled in favor of Enagas SA, raising the award Peru must pay the Spanish energy firm to $302 million in a dispute over a terminated gas pipeline concession.
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May 27, 2025
Canadian Aluminum Trader Blames Trade War For Bankruptcy
A Canadian aluminum trading group has asked an Illinois bankruptcy court to recognize its Canadian insolvency proceedings, saying rising tariffs have left it with no choice but to seek to sell its assets in bankruptcy.
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May 27, 2025
Gorsuch Says Oak Flat Ruling Will Harm Native Generations
The Supreme Court's decision to deny an Apache nonprofit's petition that looked to save a centuries-old Arizona Indigenous worship site from destruction to make way for a multibillion-dollar copper mine is a grievous mistake with consequences that threaten to reverberate for generations, Justice Neil Gorsuch said in a Tuesday dissent.
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May 27, 2025
Mich. Fuel Supplier Fights $8.7M Tax Bill Over Flight Credit
A fuel supplier is challenging the Michigan Department of Treasury's determination that the company cannot claim credit for interstate flights on its returns because it is not an airline operator and is now liable for $8.7 million in tax and interest.
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May 27, 2025
9th Circ. Revives Tribes', Green Groups' Power Line Suit
The Ninth Circuit on Tuesday revived a lawsuit challenging the federal government's decision to allow a 520-mile power line route through cultural sites, saying in a published opinion that a coalition of tribes and conservation groups plausibly alleged the government authorized construction before properly identifying historic sites the project affected.
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May 27, 2025
Debate Over Moratorium On State AI Oversight Goes To Senate
Before going on recess, the U.S. House of Representatives passed their budget reconciliation bill that includes a hotly debated moratorium on states' enforcement of artificial intelligence-related legislation, and the debate continues as the bill heads to the U.S. Senate, where at least a few Republicans have voiced opposition.
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May 27, 2025
Ariz. Asks Justices To Skip Tax Fight Over Plant On Tribe Land
Arizona's tax agency urged the U.S. Supreme Court to pass on a power company's claims that property taxes were illegally levied on a power plant it owns on tribal land, saying the justices have consistently upheld taxes on tribal reservations that solely fall on non-Native Americans.
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May 27, 2025
Trump Withdraws Biden's NEPA Greenhouse Gas Guidance
The White House Council on Environmental Quality on Tuesday said it's withdrawing 2023 National Environmental Policy Act guidance for federal agencies that are assessing the greenhouse gas and climate change effects of actions, including the approval of infrastructure projects.
Expert Analysis
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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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Series
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.
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Series
Law School's Missed Lessons: Becoming A Firmwide MVP
Though lawyers don't have a neat metric like baseball players for measuring the value they contribute to their organizations, the sooner new attorneys learn skills frequently skipped in law school — like networking, marketing, client development and case evaluation — the more valuable, and less replaceable, they will be, says Alex Barnett at DiCello Levitt.
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Calif. Climate Superfund Bill Faces Legal, Technical Hurdles
California could soon join other states in sending the fossil fuel industry a massive bill for the costs of coping with climate change — but its pending climate Superfund legislation, if enacted, is certain to face legal pushback and daunting implementation challenges, says Donald Sobelman at Farella Braun.
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How Cos. Can Navigate Risks Of New Cartel Terrorist Labels
The Trump administration’s recent designation of eight drug cartels as foreign terrorist organizations gives rise to new criminal and civil liabilities for companies that are unwittingly exposed to cartel activity, but businesses can mitigate such risks in a few key ways, say attorneys at Steptoe.