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The Louisiana Department of Environmental Quality (“LDEQ”) and Clariant Corporation (“CC”) entered into a Settlement Agreement (“Agreement”) addressing alleged violations of the hazardous waste, SPCC, and stormwater...more
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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