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Regulated Entities Take Note: D.C. Circuit Vacates FERC’s Immediate Elimination of Reactive-Power Compensation in MISO

A recent decision by the U.S. Court of Appeals for the D.C. Circuit demonstrates the Federal Energy Regulatory Commission’s (FERC’s) vulnerability to judicial review when it fails to address contested issues. In Capital Power...more

Sixth Circuit Reaffirms Privilege and Work Product Principles for High-Stakes Internal Investigations

On Oct. 3, 2025, the U.S. Court of Appeals for the Sixth Circuit granted a writ of mandamus, vacating a district court order compelling FirstEnergy Corp. to produce internal investigation documents protected by...more

Fifth Circuit Issues Pro-Policyholder Ruling that ADR Proceeding Triggered Insurer’s Duty to Defend and Indemnify

On October 20, 2025, the United States Court of Appeals for the Fifth Circuit issued a significant decision clarifying that an insurer’s duty to defend under Texas law extends to a contractually mandated alternative dispute...more

The PIPELINE Safety Act of 2025: What Operators Need to Know

On Oct. 6, 2025, a bipartisan foursome from the Senate Committee on Commerce, Science, & Transportation introduced the PIPELINE Safety Act of 2025. The proposal aims to “enhance the safety of pipeline transportation” by...more

Court Addresses Government Liability for Federal Wildfire Suppression Efforts

The U.S. Court of Federal Claims on Sept. 11, 2025, issued a significant decision addressing the standard for government liability under the Fifth Amendment’s takings clause in the context of federal wildfire suppression...more

Virginia Appeals Court Provides Guidance for Gas Companies on Pipeline Zoning Exemptions

On July 1, 2025, the Court of Appeals of Virginia ruled that a natural gas company’s proposed pipeline project was exempt from a requirement to obtain a special exception under the local zoning ordinance. The court’s ruling...more

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