On June 27, 2025, the Texas Supreme Court issued its long-awaited decision in Cactus Water Services, LLC v. COG Operating, LLC, No. 23-0676, resolving a high-stakes dispute over the ownership of produced water—a vexing...more
On June 9, 2025, the U.S. Environmental Protection Agency (EPA) proposed granting the State of Texas primary enforcement authority—commonly referred to as “primacy”—over the permitting and regulation of Class VI underground...more
6/13/2025
/ Carbon Capture and Sequestration ,
Drinking Water ,
Energy Sector ,
Environmental Protection Agency (EPA) ,
Oil & Gas ,
Permits ,
Proposed Rules ,
Regulatory Authority ,
Safe Drinking Water Act ,
State and Local Government ,
Texas ,
Underground Injection Wells
The Texas legislature passed a series of bills aimed at modernizing the legal and regulatory landscape for the handling and reuse of produced water—a byproduct of oil and gas operations. These developments address permitting,...more
In a highly anticipated decision for project developers and permitting agencies, the U.S. Supreme Court reversed the D.C. Circuit’s 2023 decision that had invalidated federal approval of the Uinta Basin Railway. In Seven...more
6/4/2025
/ Energy Policy ,
Energy Projects ,
Environmental Impact Statements ,
Environmental Litigation ,
Judicial Review ,
NEPA ,
Oil & Gas ,
Railways ,
Regulatory Authority ,
Rulemaking Process ,
SCOTUS
In a closely watched opinion issued on May 16, 2025, the Texas Supreme Court in Myers-Woodward, LLC v. Undergrounds Services Markham, LLC, — S.W.3d —, No. 22-0878, 2025 WL 1415892 (Tex. May 16, 2025) resolved a long-uncertain...more
Even as the Trump administration moves to block state and local climate liability efforts, states and municipalities continue to advance lawsuits seeking to hold fossil fuel companies liable for harms associated with climate...more
5/15/2025
/ Climate Change ,
Constitutional Challenges ,
Department of Justice (DOJ) ,
Energy Policy ,
Energy Sector ,
Environmental Litigation ,
Executive Orders ,
Fossil Fuel ,
Greenwashing ,
Oil & Gas ,
State and Local Government ,
Trump Administration
On April 8, 2025, President Trump issued Executive Order 14260, Protecting American Energy From State Overreach. Framed as part of the Administration’s broader strategy of unleashing American energy, the Order directs...more
4/18/2025
/ Climate Change ,
Constitutional Challenges ,
Department of Justice (DOJ) ,
Energy Policy ,
Energy Sector ,
Enforcement Actions ,
Environmental Litigation ,
Executive Orders ,
Fossil Fuel ,
Greenhouse Gas Emissions ,
Natural Resources ,
Oil & Gas ,
State and Local Government ,
Trump Administration
States are increasingly turning to “Climate Superfund” laws as a potential mechanism to offset the growing costs of climate-related disaster recovery and the construction of more climate change-resilient infrastructure. These...more
4/8/2025
/ Clean Air Act ,
Climate Change ,
Constitutional Challenges ,
Corporate Liability ,
Energy Sector ,
Environmental Litigation ,
Greenhouse Gas Emissions ,
Oil & Gas ,
Preemption ,
State and Local Government ,
Superfund
The executive order aims to expedite energy projects, boost domestic production, and strengthen U.S. energy independence through streamlined regulatory reforms. On January 20, 2025, President Trump issued the “Declaring a...more
1/31/2025
/ Defense Production Act ,
Department of Energy (DOE) ,
Endangered Species Act (ESA) ,
Energy Sector ,
Environmental Policies ,
Executive Orders ,
Fossil Fuel ,
Infrastructure ,
Oil & Gas ,
Regulatory Agenda ,
Regulatory Reform ,
Trump Administration
With a renewed focus on domestic energy production and regulatory reform, the incoming administration signals significant shifts in U.S. energy and climate priorities.
The incoming Trump Administration will prioritize...more
12/19/2024
/ China ,
Clean Energy ,
Climate Change ,
Department of Energy (DOE) ,
Electric Vehicles ,
Energy Costs ,
Energy Policy ,
Energy Projects ,
Energy Sector ,
Energy Storage ,
Export Bans ,
Geothermal Energy ,
Grants ,
Hydrogen Power ,
Incentives ,
Inflation Reduction Act (IRA) ,
Infrastructure ,
Keystone XL Pipeline ,
Liquid Natural Gas ,
Minerals ,
Nuclear Power ,
Oil & Gas ,
Paris Agreement ,
Regulatory Reform ,
Renewable Energy ,
Renewable Fuel ,
Solar Energy ,
Tax Credits ,
Tax Cuts and Jobs Act ,
Trump Administration ,
UNFCCC ,
Wind Power
On May 20, 2024, the U.S. Fish and Wildlife Service published a final rule listing the dunes sagebrush lizard as endangered under the Endangered Species Act.
The listing does not include a designation of critical habitat....more
Decision creates difficult permitting challenges for oil and gas pipelines crossing jurisdictional waters.
Oil and gas pipelines continue to face difficult permitting challenges as Ninth Circuit declines to revive vacated...more
6/5/2020
/ Clean Water Act ,
Construction Industry ,
Dakota Access Pipeline ,
Department of Justice (DOJ) ,
Keystone XL Pipeline ,
National Marine Fisheries Service ,
Nationwide Permits (NWPs) ,
Oil & Gas ,
Pipelines ,
SCOTUS ,
US Fish and Wildlife Service
The Department of Interior’s Bureau of Safety and Environmental Enforcement is soliciting comments on whether and under what circumstances it should allow decommissioning-in-place of pipeline-related infrastructure in...more