A new Executive Order directs agencies to accelerate federal permitting and environmental review processes for large-scale AI data center projects and supporting components. The DOE has designated four federal sites for...more
The Opinion interprets member states’ responsibilities under treaty and customary international law. In a sweeping and landmark declaration, the Opinion advises that member states have a duty to reduce emissions, regulate...more
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
The IEA’s 2025 Global Critical Minerals Outlook reveals a market at a crossroads: While demand for energy transition and other minerals continues to surge, investment and supply diversification are not keeping pace....more
6/23/2025
/ China ,
Critical Infrastructure Sectors ,
Energy Sector ,
Export Controls ,
G7 ,
International Energy Agency (IEA) ,
Investment ,
Minerals ,
National Security ,
Popular ,
Supply Chain
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
Texas emerged from its 89th legislative session with a sweeping set of laws aimed at cementing the state’s leadership in advanced nuclear energy. Through the passage of HB 14, SB 1535 and SB 1061, lawmakers demonstrated a...more
Texas has responded to rapid electrical load growth with legislative reforms. On June 1, 2025, Texas Senate Bill 6 (SB 6), passed both chambers of the Legislature with bipartisan support and was sent to Governor Abbott for...more
The U.S. Department of the Interior (DOI) announced on May 30 that it will invoke emergency permitting procedures to accelerate environmental review of select geothermal energy projects, with three proposed geothermal...more
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
Geothermal energy is rapidly gaining support in Texas as a viable and cost-efficient clean energy resource with substantial economic development prospects. With the ability to leverage the state’s existing oil and gas...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
The U.S. Department of Justice (DOJ) has filed a series of federal lawsuits against four states—New York, Vermont, Michigan and Hawaii—alleging that recent legislative and enforcement efforts to hold fossil fuel companies...more
5/9/2025
/ Clean Air Act ,
Climate Change ,
Commerce Clause ,
Constitutional Challenges ,
Department of Justice (DOJ) ,
Environmental Litigation ,
Executive Orders ,
Fossil Fuel ,
Greenhouse Gas Emissions ,
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
With SB 813, California introduces a first-in-the-nation framework that reduces regulatory uncertainty and encourages responsible AI innovation. In addition to fostering public-private cooperation over top-down mandates, the...more
4/18/2025
/ Algorithms ,
Artificial Intelligence ,
California ,
Innovative Technology ,
New Legislation ,
Proposed Legislation ,
Regulatory Oversight ,
Regulatory Reform ,
Risk Management ,
Safe Harbors ,
Technology Sector
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
On March 20, 2025, the Trump administration invoked emergency powers in an Executive Order (EO) entitled Immediate Measures to Increase American Mineral Production, aiming to accelerate domestic mineral mining and processing....more
3/27/2025
/ Department of Defense (DOD) ,
Department of the Interior ,
Energy Sector ,
Executive Orders ,
Federal Funding ,
Investment ,
Mineral Extraction ,
Minerals ,
Mining ,
National Security ,
Permits ,
Regulatory Reform ,
Supply Chain ,
Trump Administration
Maryland has filed suit against W.L. Gore & Associates (Gore), a downstream user of PFAS-containing materials, alleging that its manufacturing processes contributed to PFAS contamination through its use of...more
3/14/2025
/ CERCLA ,
Consumer Product Companies ,
Contamination ,
Environmental Litigation ,
Environmental Protection Agency (EPA) ,
Groundwater ,
Hazardous Substances ,
Manufacturers ,
PFAS ,
Public Health ,
Toxic Chemicals
In a move that signals potential policy shifts under the new administration, the U.S. Court of Appeals for the District of Columbia Circuit granted EPA’s requests for 60-day stays in two high-profile cases challenging...more
3/14/2025
/ CERCLA ,
Contamination ,
Drinking Water ,
Environmental Litigation ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
PFAS ,
Public Health ,
Regulatory Reform ,
Regulatory Requirements ,
Toxic Chemicals ,
Trump Administration
Critical minerals are the backbone of modern technologies and national security, powering everything from advanced semiconductors and electric vehicle batteries to missile guidance systems and renewable energy infrastructure....more
3/14/2025
/ China ,
Clean Energy ,
Critical Infrastructure Sectors ,
Department of Energy (DOE) ,
Energy Sector ,
Executive Orders ,
International Trade ,
Legislative Agendas ,
Mineral Extraction ,
National Security ,
Renewable Energy ,
Semiconductors ,
Supply Chain ,
Trump Administration
Federal agencies are now responsible for their own National Environmental Policy Act procedures, creating uncertainty and opportunity for federal environmental reviews....more
3/11/2025
/ CEQ ,
Environmental Impact Statements ,
Environmental Litigation ,
Environmental Policies ,
Environmental Review ,
Executive Orders ,
Final Rules ,
Government Agencies ,
NEPA ,
Regulatory Authority ,
Regulatory Reform ,
Rulemaking Process
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
Critical materials—the collective term for metals and minerals essential for all kinds of advanced technology and clean energy—are vital to the growth of artificial intelligence (AI), which has become pervasive in everyday...more
In a “paradigm shift in environmental liability,” some states are seeking to legislate financial responsibility on large coal and oil & gas companies for the public costs associated with strengthening infrastructure against...more
1/7/2025
/ CERCLA ,
Clean Air Act ,
Climate Change ,
Corporate Counsel ,
Energy Sector ,
Environmental Liability ,
Environmental Protection Agency (EPA) ,
Financial Responsibility Standards ,
Fossil Fuel ,
Greenhouse Gas Emissions ,
Infrastructure ,
New Legislation ,
New York ,
Rulemaking Process ,
Superfund