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Energy
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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."
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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."
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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.
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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.
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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.
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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.
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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.
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March 10, 2025
Justices Reject Red-State Bid To End State Climate Torts
The U.S. Supreme Court on Monday refused to consider a request from red states to stop climate change torts against fossil fuel companies brought by blue-state governments.
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March 07, 2025
Ga. PFAS Liability, DEI Bills Among Those To Not 'Crossover'
Georgia lawmakers failed to push forward legislation that would have reduced corporate liability for PFAS contamination, would have given voters a say on whether to legalize sports betting and curbed diversity initiatives in schools, after having previously passed bills to advance the governor's tort reform agenda.
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March 07, 2025
Hints Of A New High Court Majority Emerge In Trump Cases
The U.S. Supreme Court's recent rejection of President Donald Trump's bid to keep frozen nearly $2 billion in foreign aid funding gave court watchers a glimpse of a coalition majority that could end up thwarting some of the president's more aggressive and novel attempts to expand executive power.
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March 07, 2025
Occidental Prevails In Ex-Anadarko Worker's Severance Fight
A Texas federal judge granted an early win Friday to Anadarko Petroleum's severance plan and benefits committee in an ex-executive's suit alleging he was owed severance after an acquisition by Occidental Petroleum in 2019, finding the petroleum giant's decision to deny benefits wasn't an abuse of discretion.
Expert Analysis
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Series
Competitive Weightlifting Makes Me A Better Lawyer
The parallels between the core principles required for competitive weightlifting and practicing law have helped me to excel in both endeavors, with each holding important lessons about discipline, dedication, drive and failure, says Damien Bielli at VF Law.
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8 Ways Cos. Can Prep For Termination Of Their Enviro Grants
The federal government appears to be reviewing energy- and infrastructure-related grants and potentially terminating grants inconsistent with the Trump administration's stated policy goals, and attorneys at DLA Piper provide eight steps that recipients of grants should consider taking in the interim.
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The Syria Sanctions Dilemma Facing Trump Administration
Parties looking to engage in transactions involving Syria will be watching the expiration of General License 24 in July, when the Trump administration will need to decide whether to make significant changes to the Syrian sanctions program and reconsider the de facto government's status as a foreign terrorist organization, says Charlie Lyons at Ferrari & Associates.
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How Trump EPA Could Fix Carbon Combustion Residuals Rule
The Trump administration is likely targeting the recently adopted carbon combustion residual rule, especially since it imposes very stringent, detailed and expedited requirements on coal power plants — but even if the rule is not vacated entirely, there are measures that could greatly reduce its regulatory burden, says Stephen Jones at Post & Schell.
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Nippon Order Tests Gov't Control Over Foreign Investments
The U.S. government is primarily interested in restraining foreign transactions involving countries of concern, but former President Joe Biden’s January order blocking the merger of Nippon Steel and U.S. Steel shows that all foreign direct investments are under the federal government’s microscope, say attorneys at Blank Rome.
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Opinion
Inconsistent Injury-In-Fact Rules Hinder Federal Practice
A recent Third Circuit decision, contradicting a previous ruling about whether consumers of contaminated products have suffered an injury in fact, illustrates the deep confusion this U.S. Supreme Court standard creates among federal judges and practitioners, who deserve a simpler method of determining which cases have federal standing, says Eric Dwoskin at Dwoskin Wasdin.
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How Trump Orders Roll Back Energy Efficiency Mandates
President Donald Trump's first-day executive orders — including a freeze on administrative rules, an order to withdraw the U.S. from the Paris Agreement, and a directive to broaden consumers' appliance choices — have shifted federal policy on energy efficiency, and bring new considerations for companies engaging with the U.S. Department of Energy, say attorneys at HWG.
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In-House Counsel Pointers For Preserving Atty-Client Privilege
Several recent rulings illustrate the challenges in-house counsel can face when attempting to preserve attorney-client privilege, but a few best practices can help safeguard communications and effectively assert the privilege in an increasingly scrutinized corporate environment, says Daniel Garrie at Law & Forensics.
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What Banks Need To Know About Trump's Executive Orders
While the numerous executive orders and memos from the last few weeks don't touch on many of the issues the banking industry expected the Trump administration to address, banks still need to pay attention to the flurry of orders from strategic, compliance and operational perspectives, say attorneys at Arnold & Porter.
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Emerging Energy Trends Reflect Shifting Political Landscape
As the Trump administration settles in, some emerging energy industry trends, like expanded support for fossil fuel production, are right off of its wish list — while others, like the popularity of Inflation Reduction Act energy tax credits, and bipartisan support for carbon capture, reflect more complex political realities, say attorneys at Greenberg Traurig.
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As EPA Backs Down, Expect Enviros To Step Up Citizen Suits
As President Donald Trump's U.S. Environmental Protection Agency draws down federal enforcement efforts, environmental groups will step into the void and file citizen suits — so companies should focus on compliance efforts, stay savvy about emerging analytical and monitoring methods, and maintain good relations with neighbors, say attorneys at Beveridge & Diamond.
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How Criminal Enforcement Of Trump Tariffs May Work
While tariff enforcement has traditionally been handled as a civil matter, tariffs are central to President Donald Trump's broader economic, immigration and national security agendas — making it likely that the U.S. Department of Justice will be tasked with criminal enforcement of tariff evasion, say attorneys at BakerHostetler.
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Series
Collecting Rare Books Makes Me A Better Lawyer
My collection of rare books includes several written or owned by prominent lawyers from early U.S. history, and immersing myself in their stories helps me feel a deeper connection to my legal practice and its purpose, says Douglas Brown at Manatt Health.
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Rethinking How To Engage Shareholders, Activists Via Proxies
This proxy season, companies should consider visually driven proxy statements that highlight the board's strengths, the alignment between executive compensation and performance, and a commitment to sustainability and risk management to earn the support of investors and fend off hostile acquirers, say Craig Clay and Ron Schneider at DFIN.
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Opinion
Judge Should Not Have Been Reprimanded For Alito Essay
Senior U.S. District Judge Michael Ponsor's New York Times essay critiquing Supreme Court Justice Samuel Alito for potential ethical violations absolutely cannot be construed as conduct prejudicial to the administration of the business of the courts, says Ashley London at the Thomas R. Kline School of Law of Duquesne University.