With this ruling, the $4B in aid is effectively cut unless Congress somehow votes to deny Trump's rescission request before Tuesday, Sept. 30. www.law360.com/articles/238...

U.S. Supreme Court Justice Clarence Thomas said that he doesn't view the high court's prior rulings as "the gospel," and that any precedent that doesn't respect the U.S. Constitution or the country's legal traditions is ripe for reconsideration.

The U.S. government is violating young people's human rights by "perpetuating fossil fuel-driven climate destruction," a group of litigants told the Inter-American Commission on Human Rights in a new petition. www.law360.com/artic...

Attorney General Pam Bondi has reached a crossroads less than eight months into her tenure as she faces an extraordinary directive from President Donald Trump to wield the U.S. Department of Justice against his political enemies. www.law360.com/artic...

As with the existing emergency orders, the rubber will really hit the road when plant owners make cost recovery filings at @ferc.gov, which will have to determine whether they are just and reasonable. #energysky

A judge dismissed claims that NextEra Energy violated antitrust law in efforts to delay construction of a $1 billion transmission line, saying developer Avangrid failed to show how NextEra's actions limited competition in New England electricity markets.

My @law360.bsky.social story on a judge dismissing claims NextEra Energy violated antitrust law in opposing Avangrid’s $1B New England Clean Energy Connect transmission line. #energysky www.law360.com/articles/239...

Needless to say, this is an ominous sign for the tenure protections for @ferc.gov commissioners. #energysky

JUST IN: Federal judge allows Revolution Wind farm construction work to resume, blocking Trump admin’s stop work order and calling it the “height of arbitrary and capricious action.” #energysky #climatesky www.law360.com/articles/239...

ICYMI

My latest for @law360.bsky.social: The recently enacted, stricter foreign supply chain and business ownership rules to clean #energysky tax credits already has project developers rewriting agreements to avoid getting snagged in the new regulatory regime. www.law360.com/articles/239...

My take: Too many takes, not enough reporters

The Trump administration, Republican-led states and business groups including the U.S. Chamber of Commerce and American Petroleum Institute on Monday asked a Vermont federal court to kill the state's climate Superfund law. www.law360.com/artic...

The Trump administration has told a D.C. federal judge that its challenged decision to halt work on an approved and nearly completed offshore wind farm in New England stands on firm legal ground and should not be overturned. www.law360.com/artic...

Environmental groups told a federal judge that the Trump administration isn't following his suggestion that it turn over materials related to the work of an advisory panel recommending reversal of the government's position that greenhouse gases are dangerous.

A Puerto Rico federal judge mostly threw out, for good, racketeering and antitrust claims accusing a slew of energy industry companies of misrepresenting the climate dangers of fossil fuel products in causing a pair of hurricanes.

Trump's policy agenda of dismantling environmental regulations has created more uncertainty in the insurance world, where the benefit from decreased enforcement may be undercut by shifting litigation risks, new legal theories and lingering exposures.

Legal obligations and practical challenges may hamstring the Trump administration's efforts to wipe out as many energy regulations as possible, making the moves vulnerable to lawsuits while creating uncertainty for the energy industry. www.law360.com/artic...

My latest for @law360.bsky.social: Legal obligations and practical challenges may hamstring the Trump administration's efforts to wipe out as many #energysky regulations as possible, making the moves vulnerable to lawsuits while creating uncertainty for the industry. www.law360.com/energy/artic...

President Trump's latest tariff executive order essentially creates an exclusion process for many goods not readily available in the U.S. if the exporter countries enter trade agreements with the U.S., a strategic shift cautiously welcomed by importers.

The D.C. Circuit stuck to a decision backing the FERC's conclusion that a hybrid solar facility qualified for small-scale power producer perks, following a U.S. Supreme Court-ordered rethink due to the elimination of so-called Chevron deference. www.law360.com/artic...

BREAKING: The U.S. Supreme Court will fast-track its consideration of the government's appeal of a Federal Circuit ruling that President Donald Trump's tariffs under the International Emergency Econmic Powers Act are unlawful. www.law360.com/artic...

A Third Circuit decision limiting states' ability to block transmission projects already greenlighted by regional grid operators could make a federal overhaul of transmission planning policies more appealing, even with litigation to block the changes. www.law360.com/artic...

My latest for @law360.bsky.social: A 3rd Circuit decision limiting states' ability to block transmission projects already greenlighted by regional grid operators could make a federal overhaul of transmission planning policies more appealing. #energysky www.law360.com/articles/238...

A FERC nominee said Thursday that he hopes the U.S. Supreme Court will rethink long-standing tenure protections guaranteed for members of independent agencies, raising the eyebrows of U.S. senators concerned about FERC's future. www.law360.com/artic...

The decision by President Donald Trump's administration to stop a nearly completed wind project slated to power the New England region was met with two lawsuits on Thursday. www.law360.com/artic...

My @law360.bsky.social story on today’s Senate confirmation hearing for FERC nominees David LaCerte and Laura Swett, in which LaCerte said he supports the Supreme Court revisiting its Humphrey’s Executor decision that shields independent agency members. www.law360.com/energy/artic...

Jennifer Mascott, currently serving in the WH Counsel's Office (which vets judicial noms) is tapped for the Del. seat on the Third Circuit, but Dems raised concerns today she lacks sufficient ties to the state www.law360.com/articles/238...

Growing U.S. electricity demand, fueled by the rise of artificial intelligence and data centers, has sparked moves to restart shuttered nuclear power plants in order to help feed that appetite for power. www.law360.com/artic...

My latest for @law360.bsky.social: Growing U.S. #electricity demand has sparked moves to restart shuttered #nuclear plants, but the recommissioning process isn’t simple. Here, attorneys who work on nuclear matters outline what goes into restarting a plant. #energysky www.law360.com/articles/238...

I am really interested to see what the admin says in its upcoming court filings now that the lawsuit challenging the Biden-era BLM approval of the SunZia transmission line has been revived.

Trump has canceled another loan to pay for transmission, this time in New Jersey

A nonprofit group asked a federal judge to order the U.S. Interior Department to quickly process records requests related to President Trump's "unprecedented and chaotic" push to federalize Washington, D.C.'s police force and deploy National Guard troops. www.law360.com/artic...

The firing of two senior officials who complained after being forced to accept a merger clearance settlement has caused many to question whether the separation of competition enforcement and other White House priorities is a thing of the past. www.law360.com/artic...

As the Trump administration halted construction of a nearly completed offshore wind project, the government and wind farm backers blasted each other's bids for quick wins in litigation challenging the stoppage of all federal reviews of wind projects. www.law360.com/artic...

Trump just said he'll be filing a lawsuit on blue-slips 🚨 Blue-slips are NOT set in Senate rules or in law so unclear what exactly this lawsuit will be challenging

Two retail power suppliers have asked a federal judge to block enforcement actions taken by Illinois AG Kwame Raoul, claiming his office has unconstitutionally deputized plaintiffs law firms to pursue consumer fraud enforcement cases against the industry.

BREAKING: The Fifth Circuit upheld injunctions barring the NLRB from prosecuting unfair labor practice cases against SpaceX and others, saying the removal protections federal labor law gives board members and agency judges likely violate the Constitution. www.law360.com/artic...

The Trump administration increased its assault on California's stringent emissions standards for heavy-duty trucks, saying it has intervened in lawsuits to strike down the Golden State's attempts to still enforce its standards in defiance of federal law. www.law360.com/artic...

The U.S. government is considering tariffs, visa restrictions or port levies — and potentially a combination of those measures — in response to an intergovernmental plan to push the global shipping industry toward achieving net-zero greenhouse gas emissions.

Willkie Farr & Gallagher LLP has laid off five staff members in San Francisco following the departure of a group of 20 lawyers from the office amid discord over the law firm's decision to ink a deal with the Trump administration to avoid an executive order.

The U.S. Chamber of Commerce and other groups lost a bid to block California regulations requiring large companies to publicly disclose their greenhouse gas emissions and climate-related financial risks that they said violated their First Amendment rights.

"overwhelmed" "balancing competing litigation obligations" "substantial current workload" In interviews and public court filings, DOJ lawyers describe strain since Trump took office (gift link) www.bloomberg.com/news/article...

My @law360.bsky.social story on President Trump naming Democratic commissioner David Rosner as acting @ferc.gov chair…and what the WH had to say about the sole remaining Republican commissioner, Lindsay See. www.law360.com/articles/237...

From my recently published story: www.law360.com/energy/artic...

The U.S. government and opponents of the Trump administration's halt of wind farm project reviews have made their cases to a Massachusetts federal judge as to why they should prevail in litigation challenging the legality of the moratorium. www.law360.com/artic...

My latest for @law360.bsky.social: Recent Trump administration moves to saddle renewable #energysky projects with more regulatory and permit burdens are likely to face court challenges even as developers are forced to weigh the viability of their projects. www.law360.com/articles/237...

The Seventh Circuit will not pause the execution of a lower court order remanding Chicago's climate change lawsuit against fossil fuel companies to state court. www.law360.com/artic...

The majority of a Washington, D.C., lawyer ethics panel has called for the disbarment of Jeffrey Clark, a White House official and ally of President Donald Trump, over his efforts to overturn the 2020 presidential election. www.law360.com/artic...

BREAKING: Jury finds Tesla liable for a fatal Florida Keys crash, awards $129m in compensatory damages and $200m in punitive damages