News & Analysis as of

Oil & Gas State and Local Government

Beveridge & Diamond PC

A Fifth Circuit Case on BACT Reflects Trend in Citizen Opposition to Gulf Coast Projects

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Last week, the U.S. Court of Appeals for the Fifth Circuit upheld the Texas Commission on Environmental Quality’s (TCEQ) issuance of an amended New Source Review (NSR) air permit to multinational joint-venture Port Arthur...more

BakerHostetler

Pore Space Update: Texas Joins the Majority American Rule, but Accommodation Issues Remain at Play

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Texas is the latest in a growing number of states to tackle the issues related to ownership and severability of the pore space underneath land as carbon capture and sequestration (CCS) remains a relevant tool in CO2...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Liquid Natural Gas Plant/Clean Air Act: Fifth Circuit Court of Appeals Addresses Challenge to Texas Commission on Environmental...

The United States Court of Appeals for the Fifth Circuit (“Fifth Circuit”) addressed in an August 12th Decision a challenge to a Clean Air Act Prevention of Significant Deterioration (“PSD”) Permit issued by the Texas...more

ArentFox Schiff

South Carolina Court Dismisses City’s Climate Litigation Against Energy Companies

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A South Carolina state trial court recently dismissed a climate tort case filed by the City of Charleston seeking to hold major energy companies liable for harms allegedly caused by climate change. This ended a case that had...more

Mintz

Climate Tort Lawsuit in South Carolina Dismissed by State Court

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On August 6, 2025, a state court judge in South Carolina dismissed the climate change tort lawsuit filed by the City of Charleston against a number of major fossil fuel companies. (This lawsuit was one of approximately three...more

McGinnis Lochridge

Oil & Gas Newsletter: Producer's Edge, Vol. 7, Issue 1

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The McGinnis Lochridge Oil and Gas Practice Group publishes the Producer’s Edge with the purpose of keeping our valued clients and contacts in the oil and gas industry updated and informed regarding interesting Texas case law...more

Allen Matkins

California Environmental Law & Policy Update 8.1.25

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The U.S. Environmental Protection Agency (EPA) on July 29 proposed to repeal its landmark finding that greenhouse gas emissions endanger public health. The EPA’s so-called endangerment finding, issued in 2009, is a formal...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Trust Fund Deductible/Storage Tank Enforcement: Tennessee Department of Environment and Conservation Proposed Order/Assessment...

The Tennessee Department of Environment and Conservation (“TDEC”) issued a July 22nd Proposed Order and Assessment (“Order”) to Henry Oil Company (“Henry”) addressing alleged violations of the Tennessee Underground Storage...more

McGuireWoods LLP

Texas Supreme Court Rules Produced Water Is Oil-and-Gas Waste, Further Disputes Foreshadowed

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On June 27, 2025, the Supreme Court of Texas issued an opinion in a closely watched case addressing the ownership of produced water — the byproduct of drilling, fracking and formation fluids. In Cactus Water Services v. COG...more

Oliva Gibbs

Get back in your lane: North Dakota Supreme Court limits NDIC’s adjudicatory authority over saltwater gathering disputes

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In a rare rebuke of the North Dakota Industrial Commission (“NDIC”), the Supreme Court held that saltwater gathering is a post-production cost — and that the NDIC lacks authority to adjudicate disputes over such costs between...more

Cozen O'Connor

25 Republican AGs Urge Dismissal of Maryland Climate Lawsuits

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Alabama AG Steve Marshall, joined by 24 other Republican AGs, filed an amicus curiae brief urging the Supreme Court of Maryland to dismiss three consolidated climate lawsuits brought by Maryland local governments against...more

Jackson Walker

Texas Supreme Court Clarifies Default Ownership of Produced Water in Oil & Gas Leases – Key Questions Remain

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On June 27, 2025, the Texas Supreme Court issued a pivotal decision in Cactus Water Services, LLC v. COG Operating, LLC, holding that under the language of the granting clause found in the standard oil and gas lease, produced...more

Hinshaw & Culbertson LLP

New Session, New Laws, New Lens: How Louisiana’s 2025 Legislative Session and the Federal One Big Beautiful Bill Act Have Reshaped...

A significant piece of legislation seems to have slipped under the radar of many watching the carbon capture & storage (“CCS”) space in Louisiana. While on the national level, contrary to some fears, the One Big Beautiful...more

McGuireWoods LLP

Eighth Circuit Reaffirms Federal Preemption Over Local Pipeline Ordinances

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Last month, the U.S. Court of Appeals for the Eighth Circuit issued an opinion discussing the Pipeline Safety Act’s (PSA’s) preemption over local ordinances seeking to regulate pipeline safety — a decision that provides...more

Troutman Pepper Locke

Well, Well: Outlook for CCUS Projects in Texas Improves as EPA Proposes to Delegate Permitting Authority and the Texas Supreme...

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On June 17, the Environmental Protection Agency (EPA) published a proposed rule to approve Texas’s application for primary permitting and enforcement responsibility (primacy) for carbon dioxide (CO2) sequestration wells...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Arkansas Department of Energy and Environment - Oil and Gas Commission: Saltwerx, LLC Lithium Compensation Structure Approved

The Arkansas Department of Energy and Environment - Oil and Gas Commission (“Commission”) addressed an application for the establishment of a lithium compensation structure for Saltwerx, LLC (“Saltwerx”)....more

Polsinelli

New Jersey BPU Launches Multi-Phase Energy Storage Incentive Program

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PJM-ready projects are a must. Eligible projects must (1) be transmission-connected (PJM bulk power system) and located in a New Jersey transmission zone; (2) have PJM interconnection approval (or capacity interconnection...more

Latham & Watkins LLP

EPA Proposes Granting Texas Primacy for Class VI Wells

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The proposal could accelerate the permitting process for carbon capture and storage projects in the state. On June 9, 2025, the US Environmental Protection Agency (EPA) signed a proposed rule that, if approved, would...more

Vinson & Elkins LLP

Texas Progresses Toward CCS Primacy

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This week, the U.S. Environmental Protection Agency (EPA) took the penultimate step to granting Texas the authority to directly issue Class VI permits under the Safe Drinking Water Act’s Underground Injection Control (UIC)...more

Pillsbury - Gravel2Gavel Construction & Real...

Texas Clears Penultimate Hurdle to Class VI Primacy: What it Means for CCS and State-Led Permitting

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

Jones Day

Trump Paves Way for Coal Renaissance and Targets State Climate Change Efforts

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In early April, President Trump issued several energy-related presidential actions aimed at reviving the coal industry. These actions could boost the domestic coal industry, including by rolling back environmental regulations...more

Baker Botts L.L.P.

Carbon Sequestration Advances in Texas as EPA Proposes to Grant Class VI Primacy

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On June 9, 2025, EPA issued a prepublication version of the proposed rule granting Class VI underground injection control (“UIC”) primary enforcement authority (“primacy”) to Texas. Class VI UIC wells are used for the...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Aboveground Storage Tanks/Unmanned Aircraft Systems: Louisiana Department of Environmental Quality Approves Drones for Visual...

The Louisiana Department of Environmental Quality (“LDEQ”) issued a May 21st news release stating that it has approved the use of unmanned aircraft systems (i.e., “drones”) to conduct visual inspections of aboveground storage...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Arkansas Gas Pipeline Code/Arkansas Public Service Commission: Petition to Initiate Rulemaking Addressing Proposed Revisions Filed

A Petition to Initiate a Rulemaking Docket (“Petition”) has been filed before the Arkansas Public Service Commission (“APSC”) by the General Staff. See Docket No. 25-025-R. The Petition proposes to make changes to the...more

Dorsey & Whitney LLP

Energy Law: Month in Review - May 2025

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Welcome to Dorsey’s Energy Law: Month in Review. We provide this update to our clients to identify significant developments in the previous month. Please reach out to any of the authors, listed above, to discuss these issues....more

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