DROPLETS
Two North Dakota court rulings struck down the state's legal framework for amalgamating pore space for carbon capture projects, finding the practice an unconstitutional taking of private property without just compensation.
Two recent North Dakota court decisions have invalidated the state's statutory scheme for the forced pooling of underground pore space for carbon capture and storage (CCS) projects. The courts held that compelling non-consenting landowners to surrender their subterranean property rights for a private operator's use constitutes a taking under the state constitution, and that the existing statutes failed to provide the required "just compensation." These rulings create significant legal and financial uncertainty for the CCS industry, which often relies on such pooling mechanisms to assemble the large, contiguous geologic formations necessary for permanent sequestration. While the decisions are under appeal, they provide a new legal theory for opponents of CCS projects in other jurisdictions with similar laws, such as Louisiana and Indiana. Major energy and industrial clients planning or operating CCS facilities as part of their decarbonization and ESG strategies should immediately assess the takings-clause risk under the constitutions of all relevant states. The outcome of the North Da
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The Commerce Department has eased export controls on many commercial drones while new Section 232 tariffs target competing imports in a dual-track effort to boost the domestic UAV industry.
On August 13, 2026, the U.S. government implemented a dual-track strategy to bolster the domestic drone industry. The Commerce Department's Bureau of Industry and Security (BIS) issued a final rule, effective immediately, that eases export control restrictions on many commercial unmanned aerial vehicles (UAVs), related parts, and associated technology. In a parallel action, the White House announced new Section 232 tariffs on certain drone imports and critical components, framing the move as a matter of national security.
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Two North Dakota court rulings struck down the state's legal framework for amalgamating pore space for carbon capture projects, finding the practice an unconstitutional taking of private property without just compensation.
Two recent North Dakota court decisions have invalidated the state's statutory scheme for the forced pooling of underground pore space for carbon capture and storage (CCS) projects. The courts held that compelling non-consenting landowners to surrender their subterranean property rights for a private operator's use constitutes a taking under the state constitution, and that the existing statutes failed to provide the required "just compensation." These rulings create significant legal and financial uncertainty for the CCS industry, which often relies on such pooling mechanisms to assemble the large, contiguous geologic formations necessary for permanent sequestration. While the decisions are under appeal, they provide a new legal theory for opponents of CCS projects in other jurisdictions with similar laws, such as Louisiana and Indiana. Major energy and industrial clients planning or operating CCS facilities as part of their decarbonization and ESG strategies should immediately assess the takings-clause risk under the constitutions of all relevant states. The outcome of the North Da
…
Two North Dakota court rulings struck down the state's legal framework for amalgamating pore space for carbon capture projects, finding the practice an unconstitutional taking of private property without just compensation.
Two recent North Dakota court decisions have invalidated the state's statutory scheme for the forced pooling of underground pore space for carbon capture and storage (CCS) projects. The courts held that compelling non-consenting landowners to surrender their subterranean property rights for a private operator's use constitutes a taking under the state constitution, and that the existing statutes failed to provide the required "just compensation." These rulings create significant legal and financial uncertainty for the CCS industry, which often relies on such pooling mechanisms to assemble the large, contiguous geologic formations necessary for permanent sequestration. While the decisions are under appeal, they provide a new legal theory for opponents of CCS projects in other jurisdictions with similar laws, such as Louisiana and Indiana. Major energy and industrial clients planning or operating CCS facilities as part of their decarbonization and ESG strategies should immediately assess the takings-clause risk under the constitutions of all relevant states. The outcome of the North Da
…
The Commerce Department has eased export controls on many commercial drones while new Section 232 tariffs target competing imports in a dual-track effort to boost the domestic UAV industry.
On August 13, 2026, the U.S. government implemented a dual-track strategy to bolster the domestic drone industry. The Commerce Department's Bureau of Industry and Security (BIS) issued a final rule, effective immediately, that eases export control restrictions on many commercial unmanned aerial vehicles (UAVs), related parts, and associated technology. In a parallel action, the White House announced new Section 232 tariffs on certain drone imports and critical components, framing the move as a matter of national security.
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Grade 3 — worth a glance, not the full analysis.
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- CFIUS 2025 Annual Report Confirms High Activity Levels
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A new decree marks the first step in a planned modernization of France's legal framework for domestic and international arbitration.
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When master and feeder funds both have credit facilities, lenders may rely on the same investor commitments, requiring careful structuring of security and cash-flow control.
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The Department of Labor’s Office of Federal Contract Compliance Programs has rescinded regulations that implemented the race and sex bias enforcement regime for federal contractors under Executive Order 11246.
- T-Mobile Hit With Summary Judgment Over Text-Only Breach Notice
A Washington state court found that T-Mobile's text message to 361,030 residents after a 2021 breach violated notification law twice per recipient, risking $72 million in penalties at $100 per violation.
- Federal Circuit Deepens Patent-Trademark Irreparable Harm Divide
Recent Federal Circuit decisions confirm patent owners receive no presumption of irreparable harm for injunctive relief, while trademark owners have a statutory presumption—a growing divide with litigation implications.
- UK proposes AIFMD overhaul with tiered NAV regime
FCA and HMT consult on wholesale reforms to UK AIFM rules, replacing small registered AIFM pathway with three-tier system based on aggregate NAV thresholds.
- Weekly Crypto Roundup: Bank Custody, Tether Audit, SEC Stablecoin Rules
Citi preps Bitcoin custody launch and Tether clears an unqualified Big Four audit, while the SEC proposes crypto investment-contract exemptions and the GENIUS Act rules address stablecoin issuance.
- D.C. Circuit Upholds EPA PFAS Designation Under CERCLA
The D.C. Circuit has affirmed EPA's designation of PFOA and PFOS as hazardous substances under Superfund, carrying significant liability implications for companies with PFAS contamination exposure.