On May 16, 2025, the Texas Supreme Court issued a decision ruling that, absent specific contractual language, surface owners retain ownership of the caverns created by salt mining operations. The issue of ownership of salt...more
6/13/2025
/ Appeals ,
Contract Disputes ,
Energy Storage ,
Mineral Rights ,
Natural Gas ,
Oil & Gas ,
Property Owners ,
Property Ownership ,
Real Estate Transactions ,
SCOTUS ,
Texas ,
TX Supreme Court
In the first major National Environmental Policy Act (“NEPA”) case to reach the Supreme Court in almost two decades, the U.S. Supreme Court issued its decision on May 29, 2025, in Seven County Infrastructure Coalition v....more
6/2/2025
/ Administrative Procedure Act ,
Chevron Deference ,
Environmental Impact Statements ,
Environmental Litigation ,
Environmental Policies ,
Government Agencies ,
Infrastructure ,
Judicial Review ,
NEPA ,
Oil & Gas ,
Railroads ,
SCOTUS ,
Seven County Infrastructure Coalition v Eagle County Colorado ,
Statutory Interpretation
On May 22, 2025, the House passed budget reconciliation legislation referred to as “The One, Big, Beautiful Bill” (the “Bill”). As currently written, the Bill would reshape key aspects of federal energy policy by targeting...more
5/27/2025
/ Budget Reconciliation ,
Department of Energy (DOE) ,
Energy Policy ,
Energy Projects ,
FERC ,
Inflation Reduction Act (IRA) ,
Infrastructure ,
Natural Gas ,
NEPA ,
New Legislation ,
Oil & Gas ,
Permits ,
Pipelines ,
Regulatory Reform
On April 8, 2025, President Trump issued an Executive Order titled “Protecting American Energy From State Overreach” (the “Executive Order”), which directs the United States Attorney General to identify and halt the...more
The Federal Energy Regulatory Commission’s (“FERC” or “Commission”) October 18, 2023 Open Meeting (the “October Open Meeting”) and October 27, 2023 issuance of rehearing of remand orders for the Texas LNG Brownsville LLC and...more
At the Open Meeting held on September 21, 2023, the Federal Energy Regulatory Commission (“FERC” or “Commission”) approved four of the six Natural Gas Act (“NGA”) certificate orders for interstate natural gas pipelines and...more
In Federal Energy Regulatory Commission v. Ultra Resources, Inc. (In re Ultra Petroleum Corp.),1 a panel of the Fifth Circuit Court of Appeals (the “Fifth Circuit Panel”) provided valuable clarity regarding a 2004 decision in...more
3/31/2022
/ Bankruptcy Code ,
Breach of Contract ,
Chapter 11 ,
Debtors ,
FERC ,
Natural Gas ,
Natural Gas Act ,
Oil & Gas ,
Pipelines ,
Public Interest ,
Transportation Industry
On February 18, 2022, the Federal Energy Regulatory Commission (“FERC”) issued two important policy statements by a 3-2 vote related to the construction of natural gas facilities....more
The Federal Energy Regulatory Commission (“FERC”) issued two important policy statements by a 3-2 vote on February 18, 2022 regarding the construction of natural gas facilities. The policy statements make numerous changes to...more
It is common for E&P companies in chapter 11 to seek to reject burdensome midstream contracts under Bankruptcy Code § 365. Rejection has not been permitted by bankruptcy courts where such agreements create enforceable...more
On June 22, 2020, the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued an order concluding that the Commission and the United States Bankruptcy Courts have concurrent jurisdiction to review and address the...more