News & Analysis as of

Regulatory Authority Texas

Foley & Lardner LLP

Has SCOTUS Pre-decided Whether the NRC Can License Private Off-Site High-Level Nuclear Waste Storage Facilities?

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On June 18, 2025, the U.S. Supreme Court, in NRC v. Texas, issued an opinion holding that the State of Texas did not have standing to challenge a license granted by the Nuclear Regulatory Commission (NRC) to a private entity,...more

Pillsbury Winthrop Shaw Pittman LLP

SCOTUS Affirms Rules for Challenging Nuclear Regulatory Commission Licenses

In Nuclear Regulatory Commission v. Texas, a 6-3 decision authored by Justice Brett Kavanaugh, the U.S. Supreme Court ruled in favor of Interim Storage Partners, LLC (ISP) and the Nuclear Regulatory Commission (NRC). The case...more

Foley & Lardner LLP

EPA Signals Approval of Texas’ Class VI Injection Well Primacy: Streamlining Carbon Capture and Climate Action

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In a significant move for environmental policy and energy innovation, the U.S. Environmental Protection Agency (EPA) has proposed to approve Texas’ application to administer its own Class VI underground injection well...more

McGuireWoods LLP

SCOTUS Allows Private Company’s License for Stand-Alone Spent Nuclear Fuel Storage Facility

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On June 18, 2025, the U.S. Supreme Court, in Nuclear Regulatory Commission, et al. v. Texas, et al., reinstated a license originally issued by the Nuclear Regulatory Commission (NRC), permitting the storage of depleted...more

Hogan Lovells

Supreme Court decides interim storage case on procedural grounds in NRC v. Texas

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On Wednesday, June 18, 2025, the Supreme Court of the United States issued its opinion in NRC v. Texas to resolve a circuit split over the storage of spent nuclear fuel between the Tenth Circuit, D.C. Circuit, and Fifth...more

Troutman Pepper Locke

Texas Legislature Tilts Against Windmills: Is This the End of Wind Energy on the Texas Coast?

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Much has been written in recent weeks about how the renewable energy industry in Texas dodged a bullet — several bullets actually — when three high-profile bills targeting the industry failed to pass in the recent legislative...more

Holland & Hart LLP

Supreme Court Clarifies Path for Nuclear License Challenges and NRC Authority

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The Supreme Court’s decision in NRC v. Texas gives nuclear energy generators and storage facilities, as well as NRC, the latest win in the decades-long struggle over used-fuel storage....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

Baker Botts L.L.P.

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

Baker Botts L.L.P. on

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

Beveridge & Diamond PC

Texas District Court Rules FWS Must Consider the Cost of Protecting Threatened Species

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On March 29, 2025, a Texas District Court ruled that the U.S. Fish and Wildlife Service (FWS) should have considered economic costs when crafting protections for the lesser-prairie chicken, a threatened species, under Section...more

McGlinchey Stafford

Like A Good Neighbor…Not So Fast, Says 5th Circuit

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The U.S. 5th Circuit Court of Appeals gave a big win to the EPA when it upheld a Biden-era ozone ruling affecting Louisiana and Texas, but there was also a set-back for the EPA when the Court both upheld the ability of such...more

(ACOEL) | American College of Environmental...

Port Arthur Community Action Network (PACAN) v. Texas Commission on Environmental Quality—A Nut Case?

In Port Arthur Community Action Network (PACAN) v. Texas Commission on Environmental Quality, the Texas Supreme Court clarified the statutory definition of “Best Available Control Technology”(BACT) under the Texas Clean Air...more

Gray Reed

What Will the Texas Supreme Court Say About Allocation and PSA Wells?

Gray Reed on

Alas, we might never know. Opiela v. Railroad Commission of Texas and Magnolia Oil & Gas Operating, was a challenge to the Commission’s authority to issue permits for allocation wells and wells drilled under Production...more

Baker Donelson

Texas Court Issues Injunction on 2024 HIPAA Reproductive Privacy Rule

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The HIPAA Privacy Rule to Support Reproductive Health Care Privacy went into effect on June 24, 2024. The 2024 Final Rule strengthens privacy protections for medical records and other health information related to...more

Pillsbury Winthrop Shaw Pittman LLP

District Court Ruling Bars Federal Trade Commission Non-Compete Rule for the Near Term

With further proceedings anticipated, and in light of the numerous state law restrictions on non-competes, employers should continue to act with caution when presenting employees with non-compete agreements. On August 20,...more

Bracewell LLP

Texas District Court Sets Aside FTC Non-Compete Ban: What Employers Should Consider

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The Federal Trade Commission’s (FTC) Non-Compete Rule, which was scheduled to become effective on September 4, 2024, was set aside last month by US District Judge Ada Brown of the Northern District of Texas in Ryan LLC v....more

Rumberger | Kirk

Ramifications of Ryan: The Future of the FTC’s Final Rule Banning Non-Competes

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The Federal Trade Commission’s Final Rule banning non-competes will not take effect on September 4, 2024. On August 20, 2024, U.S. District Judge Ada Brown for the Northern District of Texas ruled on the merits of the...more

Flaster Greenberg PC

Texas Court Puts a Stop to FTC's Non-Compete Ban

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On August 20, 2024, a Texas Federal Court issued a nationwide bar on the enforcement of the Federal Trade Commission (“FTC”) rule banning nearly all non-compete agreements (the “Final Rule”), which, as we have previously...more

Foley & Lardner LLP

FTC’s Ban on Noncompete Agreements Is Blocked

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The Federal Trade Commission’s efforts to ban noncompete agreements suffered a serious blow when a federal judge in Texas issued a nationwide injunction blocking the ban’s enforcement. Implementation of the ban could disrupt...more

Perkins Coie

August Tip of the Month: Court Blocks FTC Rule Banning Employment-Related Noncompete Agreements

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On August 20, 2024, a Texas district court issued a decision blocking a Federal Trade Commission (FTC) Rule, which would have banned employment-related noncompete agreements....more

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

United States District Court Blocks FTC's Final Rule Banning Non-Compete Agreements

On April 23, 2024, the Federal Trade Commission (“FTC”) announced the “Final Non-Compete Clause Rule” banning most post-employment non-compete clauses between employers and employees. The final rule was set to take effect on...more

Akerman LLP - HR Defense

Ban on the Run: Federal Court Blocks the FTC’s Non-Compete Ban Nationwide

A Federal Court has blocked the Federal Trade Commission’s Final Rule (the “Rule”) that was set to broadly ban nearly all forms of non-compete agreements. On August 20, 2024, Judge Ada Brown of the Northern District of...more

Oliva Gibbs

Texas Federal Judge Overturns Non-Compete Rule – What Energy Companies Should Do Next

Oliva Gibbs on

On August 20, 2024, the United States District Court for the Northern District of Texas, Dallas Division, overturned the FTC Non-Compete Rule (16 C.F.R. § 910.1-.6), which was set to ban all new non-compete agreements in the...more

Frantz Ward LLP

Update - FTC’s Noncompete Ban Blocked By Federal Judge

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A federal judge last Tuesday blocked the FTC’s controversial ban on noncompete agreements. The judge’s ruling ends months of speculation and prevents the FTC’s near-total ban on noncompete agreements from taking effect as...more

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