News & Analysis as of

Oil & Gas Water

Allen Matkins

California Environmental Law & Policy Update 8.22.25

Allen Matkins on

The California Fish and Game Commission took final action to approve the Western Joshua Tree Conservation Plan at its August 13, 2025 meeting. The Conservation Plan sets forth management practices and guidelines for the...more

Oliva Gibbs

Murky waters: Wading through Texas law and the future of produced water

Oliva Gibbs on

Texas produces more than just oil and gas. Every day, millions of gallons of produced water are generated as a byproduct of oil and gas production. Once viewed strictly as a waste product, produced water is now at the center...more

Houston Harbaugh, P.C.

Colored Horses, Toxic Brews and Lithium Too?

Does the Texas Supreme Court’s Decision in Cactus Water Services v. COG Operating Provide Guidance About Lithium and Rare Earth Minerals Ownership in Pennsylvania? Lithium demand is expected to continue to increase as...more

Oliva Gibbs

Making a splash in the courts: The Cactus decision

Oliva Gibbs on

In a landmark decision, the Supreme Court of Texas held in Cactus Water Services, LLC v. COG Operating, LLC, that produced water belongs to the operator. When presented with a case where both the operator and a third party...more

McGuireWoods LLP

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

McGuireWoods LLP on

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

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

Underground Injection Control: U.S. EPA Environmental Appeals Board Petition for Review Filed Challenging Three Michigan Brine...

Flow Water Advocates (“FWA”) filed a pleading before the United States Environmental Protection Agency (“EPA”) Environmental Appeals Board styled: PETITION FOR REVIEW OF UNDERGROUND INJECTION CONTROL PERMITS ISSUED AND...more

Gray Reed

How Did the 2025 Texas Legislature Address Energy?

Gray Reed on

Your Legislature has adjourned after enacting significant bills affecting the energy industry. To sum it up, the industry has friends in high places whenever the Lege is in session (Alternative energy was in jeopardy for a...more

Pillsbury Winthrop Shaw Pittman LLP

Water, Reused: Texas Reshapes Liability and Regulatory Rules on Produced Water, Leaves Ownership Questions Unanswered

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

Allen Matkins

California Environmental Law & Policy Update 5.16.25

Allen Matkins on

The U.S. Environmental Protection Agency (EPA) will rescind much of the Biden administration’s first nationwide drinking water standard aimed at protecting people from PFAS, which are found in hundreds of consumer and...more

Allen Matkins

California Environmental Law & Policy Update 5.2.25

Allen Matkins on

The White House Council on Environmental Quality (CEQ) circulated a draft template, dated April 8, 2025, to assist federal agencies in updating their procedures for implementing the National Environmental Policy Act (NEPA)....more

Allen Matkins

California Environmental Law & Policy Update 2.7.25

Allen Matkins on

Newly-appointed U.S. Attorney General Pam Bondi wrote in a memo this Wednesday that the Justice Department will reverse a Biden-era directive to prioritize enforcement of environmental laws in disadvantaged and low-income...more

Allen Matkins

California Environmental Law & Policy Update 1.31.25

Allen Matkins on

The Trump administration has asked the U.S. Supreme Court to pause its review of a case involving California’s stricter vehicle emissions and electric vehicle standards. Acting Solicitor General Sarah Harris filed the request...more

ArentFox Schiff

With Executive Orders, President Trump Reshapes Federal Environmental and Energy Policy

ArentFox Schiff on

The first day of any presidential administration is filled with both ceremony and bureaucracy. The first day of the second Trump Administration was no different....more

Allen Matkins

California Environmental Law & Policy Update 1.10.25

Allen Matkins on

The White House announced on Monday that President Joe Biden would ban new offshore oil and gas drilling along most of the U.S. coastline. The order will protect 625 million acres of ocean along America’s Atlantic and Pacific...more

Allen Matkins

California Environmental Law & Policy Update 12.6.24

Allen Matkins on

The U.S. Environmental Protection Agency (EPA) on Wednesday issued a new regulation preventing per- and polyfluoroalkyl substances, commonly known as PFAS, from being approved through low volume exemptions — abridged reviews...more

Allen Matkins

California Environmental Law & Policy Update 10.4.24

Allen Matkins on

Governor Gavin Newsom on September 29 signed Assembly Bill (AB) 98 into law. The bill, which faced opposition from business groups, local governments, and environmental justice advocates, forbids cities and counties from...more

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

Oil and Gas/Surface Use Agreement: Federal Appellate Court Addresses Authority to Place Water Pipeline

The United States Court of Appeals for the Eighth Circuit (“Eighth Circuit”) addressed an interpretive dispute regarding a Surface Use Agreement (“SUA”) pertaining to oil and gas operations in a July 23rd opinion. See...more

Allen Matkins

California Environmental Law & Policy Update 9.27.24

Allen Matkins on

ExxonMobil sued by California AG and environmental nonprofits over plastic waste - California Attorney General Rob Bonta and a coalition of environmental nonprofit entities sued ExxonMobil on Monday, accusing the company...more

Oliva Gibbs

Water Ya Gonna Do When the EPA Comes for You?

Oliva Gibbs on

The U.S. Environmental Protection Agency (“EPA”) recently announced that it will be taking a hard look at the Texas Railroad Commission’s (“RRC”) enforcement of injection well regulatory practices (or the lack thereof).  The...more

Jackson Walker

Mine: All Mine? Texas Ownership of Produced Water and Its Constituent Parts (Lithium)

Jackson Walker on

Is it mine? Is what’s in it mine too? The fight over produced water has become a contentious issue in the oil patch. Primarily, because it is a new and unforeseen source of revenue for operators and landowners....more

Gray Reed

Texas Landowner Enjoined from Interfering with Lessee’s Operations

Gray Reed on

Davenport v. EOG Resources, Inc. is an appeal of a temporary injunction. The title tells you the result. Davenport owned four tracts comprising 5,000 acres in Webb County that were originally part of a larger tract...more

Gray Reed

Who Owns Produced Water in Texas?

Gray Reed on

In Cactus Water Services LLC v. COG Operating, LLC., a divided Texas court of appeals answered the question this way: The oil and gas producer prevails over the purchaser of the surface owner’s right to own and sell produced...more

Allen Matkins

California Environmental Law & Policy Update - 5.12.23 - # 2

Allen Matkins on

The Biden administration proposed new regulations this Thursday that, if enacted, would aggressively limit greenhouse gas emissions from power plants. The move stands to force major changes in the energy sector and is likely...more

Alston & Bird

Land Use Matters October 2022 – CEQA Appellate Decisions & Other Legal Developments

Alston & Bird on

County and City of Los Angeles - Los Angeles City and County Ordinances to Ban Oil and Gas Drilling - There are 26 oil and gas fields and more than 5,000 oil and gas wells (active and idle) across the City of Los Angeles. On...more

White & Case LLP

US utilities M&A remains resilient in H1

White & Case LLP on

The US utilities dealmaking scene appears to be springing back to life. Following two years of below average activity amid the pandemic, there are positive signs of a revival in deal activity. There were 24 deals in the...more

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