Energy

  • March 11, 2025

    Trump Taps DOJ Vet To Serve As Energy Dept.'s Top Lawyer

    President Donald Trump has nominated a Winston & Strawn LLP partner, who formerly led the U.S. Department of Justice's Environment and Natural Resources Division during Trump's previous term, to serve as the U.S. Department of Energy's general counsel.

  • March 11, 2025

    Groups Say EPA Must Regulate Phosphate Mining Waste

    The Center for Biological Diversity, Sierra Club and others have called on the D.C. Circuit to order the U.S. Environmental Protection Agency to regulate radioactive waste from phosphate mining and fertilizer production, which are currently excluded from federal regulation.

  • March 11, 2025

    Conservationists Sue FWS Over 'Blanket' Species Rule

    Two conservation groups are suing the U.S. Department of the Interior in Montana federal court over an Endangered Species Act rule they say illegally gives the government power to indiscriminately restrict landowners' use of their property.

  • March 11, 2025

    FERC Can't Defend Its Enforcement Powers, Energy Co. Says

    An energy efficiency aggregator insists that the Federal Energy Regulatory Commission doesn't have the authority to pursue a market manipulation case against it, telling a North Carolina federal judge that just because it can contest a penalty in court doesn't mean its constitutional rights haven't been violated.

  • March 11, 2025

    NYC Workers Can't Revive Fossil Fuel Divestment Challenge

    A New York state appeals court refused Tuesday to reopen a lawsuit claiming several New York City pension plans unlawfully put politics over municipal employees' financial needs by divesting $3.9 billion from fossil fuels, backing a trial court's determination that the workers hadn't shown their benefits were affected.

  • March 11, 2025

    Colo. Justices Uneasy About Reach Of Xcel's Immunity Claim

    Colorado's justices were concerned Tuesday about the potentially far-reaching consequences of Xcel Energy's claim that a regulatory tariff limits its liability from a man's personal injury claim, with one justice asking if it would be a "severe derogation of common law" for regulators to grant the utility such broad immunity.

  • March 11, 2025

    5th Circ. Upholds Exxon's Win In Pension Payout Dispute

    A former Exxon employee's claim that the company failed to pay his entire pension fund is preempted by the Employee Retirement Income Security Act, the Fifth Circuit ruled, keeping in place the company's win in Louisiana federal court.

  • March 11, 2025

    Dublin's Eaton To Buy US-Based Fibrebond For $1.4B

    Irish power management company Eaton said Tuesday it has agreed to acquire Louisiana-based Fibrebond Corp. for $1.4 billion as it looks to bolster its presence in data center markets.

  • March 11, 2025

    US Atty, Ex-Cognizant Execs Can Delay FCPA Trial For 30 Days

    A federal judge granted an adjournment of up to 30 days in the Foreign Corrupt Practices Act trial of two former Cognizant Technology Solutions Corp. executives to allow the newly anointed U.S. attorney for New Jersey to review the case.

  • March 11, 2025

    Mining Equipment Co., Worker Strike Deal To End Bias Suit

    A mining equipment company agreed to settle a Hispanic employee's suit claiming it unlawfully revoked his mentorship responsibilities and meddled with his accommodations after an on-the-job finger injury, according to a filing in Texas federal court.

  • March 10, 2025

    EPA Says It Wants To Redo Biden-Era Chemical Risk Rule

    The U.S. Environmental Protection Agency on Monday told the D.C. Circuit it wants to reconsider a Biden-era rule that strengthened regulations to assess chemicals' health and environmental risks.

  • March 10, 2025

    Alsup Refuses To Vacate Hearing Into OPM Mass Firings

    U.S. District Judge William Alsup on Monday denied the Trump administration's request to vacate an upcoming evidentiary hearing into the U.S. Office of Personnel Management's mass firings of probationary federal employees, and required OPM director Charles Ezell to appear in person or else be deposed.

  • March 10, 2025

    EPA Climate Grantee Sues Citibank, Agency Over Frozen Cash

    A climate-change-focused nonprofit is accusing Citibank NA and the U.S. Environmental Protection Agency in D.C. federal court of breaching a contract to deliver billions of dollars in grant funding that's been frozen by the Trump administration.

  • March 10, 2025

    Tariff Shifts Creating Compliance Chaos For Energy Cos.

    The unpredictability of President Donald Trump's tariff maneuvers is challenging energy companies' ability to comply with fluctuating mandates and making tariff violations more likely.

  • March 10, 2025

    Ontario Slaps Electricity Export Surcharge On NY, Mich., Minn.

    New York, Michigan and Minnesota residents receiving electricity from Ontario could face cost increases as a new 25% export surcharge is applied in response to President Donald Trump's 25% tariffs, the province's government announced Monday.

  • March 10, 2025

    DOT Pulls Biden Enviro Justice Highway Funding Policy

    The U.S. Department of Transportation on Monday rescinded Biden-era memorandums that advised state and local agencies receiving funds from 2021's Bipartisan Infrastructure Law to prioritize highway, road, bridge and other projects that promoted social justice or climate resiliency goals.

  • March 10, 2025

    Anadarko Says Partner Waived Arbitration With Oil Well Suit

    Anadarko Petroleum Corp. has urged a Texas court to reject its partner's bid to arbitrate a dispute over an oil well on the outer continental shelf, alleging a since-abandoned lawsuit by the partner company forecloses any arbitration rights it may have had.

  • March 10, 2025

    DOJ Defends Musk's Influence Against States' Challenge

    The U.S. Department of Justice is defending Elon Musk's influence in the federal government against a constitutional challenge brought by 14 states, telling D.C. federal court that the "special government employee" does not occupy an official office that would be subject to the Constitution's appointments clause.

  • March 10, 2025

    Tribe Says BNSF Can't Derail $400M Trespass Judgment

    A Washington tribe is urging the Ninth Circuit to uphold a lower court's finding that BNSF Railway Co. must pay nearly $400 million for years of illegally running oil cars across tribal territory, saying the railroad's claim that it strips away lawfully earned profits "makes little sense."

  • March 10, 2025

    Ga. Judge Rejects 'Futile' Bid To Amend Utility Commish Suit

    A Georgia federal judge has refused to revive a lawsuit that challenged the legality of how the state elects members of its utility commission, calling residents' bid to amend the suit — after an initial win was nixed by the Eleventh Circuit — "unduly delayed, inherently prejudicial, and futile."

  • March 10, 2025

    Ariz. Power Co. Asks Justices To Review Tax On Tribal Plant

    An energy company asked the U.S. Supreme Court to review Arizona court decisions that said a power plant it owns on tribal land is subject to property taxes, arguing that privately owned improvements located on Native American reservations are exempt from state and local taxes.

  • March 10, 2025

    4th Circ. Reverses $10M Coverage Cap For Aluminum Co.

    The Fourth Circuit on Monday reversed a lower court's ruling capping an aluminum supplier's total recovery for losses related to a fire at $10 million, saying a molten material endorsement in the company's all-risk policies is ambiguous.

  • March 10, 2025

    Whitecap Merging With Veren In $10.4B Oil & Gas Deal

    Whitecap Resources Inc. said Monday it will merge with fellow Canadian oil and gas company Veren Inc. in an all-stock deal valued at CA$15 billion (US$10.4 billion) including debt. 

  • March 10, 2025

    Early Signs Point To 'Vigorous' Trump Antitrust Regime

    Early signals from the Trump administration suggest a continued "vigorous" approach to merger enforcement, despite expectations of a more business-friendly environment, panelists said Friday at the annual Tulane Corporate Law Institute.

  • March 10, 2025

    Ex-Cognizant Execs Support 180-Day Trial Delay In FCPA Case

    Two former Cognizant Technology Solutions Corp. executives have told a New Jersey federal judge they agree with prosecutors that their bribery trial should be delayed for 180 days after the Trump administration paused enforcement of the Foreign Corrupt Practices Act.

Expert Analysis

  • How Multifamily Property Owners Can Plan For The EV Future

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    As the electric vehicle market expands, and federal and state incentives and mandates intended to promote EV use come into effect, owners and operators of multifamily residential properties should be prepared to meet the growing demand for onsite EV charging infrastructure, say Sydney Tucker and Andreas Wokutch at Frost Brown.

  • Conn. Court Split May Lead To Vertical Forum Shopping

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    As shown by a recent ruling in State v. Exxon Mobil, Connecticut state and federal courts are split on personal jurisdiction, and until the Connecticut Supreme Court steps in, parties may be incentivized to forum shop, causing foreign entities to endure costly litigation and uncertain liability, says Matthew Gibbons at Shipman & Goodwin.

  • Mental Health First Aid: A Brief Primer For Attorneys

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    Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.

  • Enviro Policy Trends That Will Continue Beyond The Election

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    Come October in a presidential election year, the policy world feels like a winner-take-all scenario, with the outcome of the vote determining how or even whether we are regulated — but there are several key ongoing trends that will continue to drive environmental regulation regardless of the election results, say J. Michael Showalter and Samuel Rasche at ArentFox Schiff.

  • Series

    Collecting Art Makes Me A Better Lawyer

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    The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.

  • Secret Service Failures Offer Lessons For Private Sector GCs

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    The Secret Service’s problematic response to two assassination attempts against former President Donald Trump this summer provides a crash course for general counsel on how not to handle crisis communications, says Keith Nahigian at Nahigian Strategies.

  • Opinion

    Supreme Court Must Halt For-Profit Climate Tort Proliferation

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    If the U.S. Supreme Court does not seize the opportunity presented by Honolulu v. Sunoco to reassert federal authority over interstate pollution regulation, the resulting frenzy of profit-driven environmental mass torts against energy companies will stunt American competitiveness and muddle climate policy, says Gale Norton at Liberty Energy.

  • Takeaways From TOTSA Settlement And Critical CFTC Dissent

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    The U.S. Commodity Futures Trading Commission's recent settlement with TOTSA highlights the agency's commitment to enforcing market integrity and deterring manipulative practices, while Commissioner Caroline Pham's dissent to the settlement spotlights the need for transparency and consistency in enforcement actions, say attorneys at Davis Wright.

  • Litigation Inspiration: Honoring Your Learned Profession

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    About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.

  • Opinion

    AI May Limit Key Learning Opportunities For Young Attorneys

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    The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.

  • Series

    Round-Canopy Parachuting Makes Me A Better Lawyer

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    Similar to the practice of law, jumping from an in-flight airplane with nothing but training and a few yards of parachute silk is a demanding and stressful endeavor, and the experience has bolstered my legal practice by enhancing my focus, teamwork skills and sense of perspective, says Thomas Salerno at Stinson.

  • Why Now Is The Time For Law Firms To Hire Lateral Partners

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    Partner and associate mobility data from the second quarter of this year suggest that there's never been a better time in recent years for law firms to hire lateral candidates, particularly experienced partners — though this necessitates an understanding of potential red flags, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.

  • Reassessing Lease Provisions To Account For ESG Initiatives

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    As companies seek to build ESG considerations into their businesses, it's crucial to understand how such initiatives can quickly become significant enough to compel reassessment of lease agreement provisions, and how best to modify leases accordingly, say Julian Freeman and Gabe Pitassi at Cox Castle.

  • Opinion

    FERC Penalty Adjudication Unconstitutional Under Jarkesy

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    The U.S. Supreme Court's holding in U.S. Securities and Exchange Commission v. Jarkesy that the SEC's use of in-house proceedings to adjudicate civil penalties is unconstitutional should equally apply to the Federal Energy Regulatory Commission's statutory penalty assessment schemes, say attorneys at Jenner & Block.

  • Considering Possible PR Risks Of Certain Legal Tactics

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    Disney and American Airlines recently abandoned certain litigation tactics in two lawsuits after fierce public backlash, illustrating why corporate counsel should consider the reputational implications of any legal strategy and partner with their communications teams to preempt public relations concerns, says Chris Gidez at G7 Reputation Advisory.

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