Regulatory & Legislative

Major workplace accidents present a variety of legal challenges. While cooperating with a governmental agency (OSHA/MSHA/PHMSA/CSB or other)[1] during an accident investigation, the decisions you make can have an impact on the company in the future. The checklist below can help you protect the company against further liability.

While much attention has focused on the electricity demands of AI-driven data centers, a quieter crisis is emerging around water consumption. Modern hyperscale data centers can consume between one and five million gallons of water daily for cooling systems, with some facilities using significantly more during peak operations. As tech companies announce plans to build dozens of new AI-focused campuses, communities from Arizona to Virginia are questioning whether local water resources can sustain this growth alongside residential and agricultural needs.

The U.S. Department of Energy has released a $293 million funding opportunity (DE-FOA-0003612) under its Genesis Mission to accelerate AI deployment across 26+ national challenges in energy systems, grid infrastructure, data centers, advanced manufacturing, microelectronics, and biotechnology. The focus is on creating deployment-ready solutions, not exploratory research. Unlike traditional DOE research grants, Genesis Mission prioritizes speed, integration, and measurable performance gains in complex systems through cross-sector collaboration.

Carbon capture and storage (CCS) is rapidly emerging as one of the most consequential areas of energy law and environmental regulation. At its heart sits a technical but critically important regulatory category: the Class VI injection well. These wells are used to inject carbon dioxide into deep rock formations for the purpose of long-term underground storage, making them the cornerstone of any commercial-scale CCS project. For years, permitting authority for Class VI wells located in Texas rested solely with the federal Environmental Protection Agency (EPA), resulting in a process many in the energy industry found slow and uncertain.

That all changed last fall. In November 2025, the State of Texas formally received primary enforcement authority, or “primacy”, for its Class VI Underground Injection Control (UIC) program, granting the Railroad Commission of Texas (RRC) regulatory power over these types of wells and, consequently, the CCS process.

This article examines how Texas achieved this milestone, how the state strategically positioned itself for a seamless transition by accepting applications and fees years in advance, and the status of those permit applications today.

Overview of Feedstock Supply Agreements

Digesters, which convert organic feedstock into raw biogas for upgrading into renewable natural gas (RNG), depend on the quality and quantity of available feedstock for successful operation. A reliable and financeable feedstock supply agreement is therefore essential to the success of any digester-based RNG project. These contracts govern the relationship between the suppliers of feedstock and project owners and operators, making them essential to the success of any RNG project and a primary diligence item in any digester financing or investment transaction.

At the Federal Energy Regulatory Commission’s (“FERC” or the “Commission”) monthly open meeting on February 19, 2026, the Commission reaffirmed that it will not reinstate its ban on gas pipeline work during appeals.

The Internal Revenue Service (the “IRS” or “Service”) recently released detailed guidance concerning the classification and treatment of Prohibited Foreign Entities (“PFEs”) as well as the application of the related Foreign Entity of Concern (“FEOC”) restrictions that were created in the One Big Beautiful Bill Act (“OBBBA” or “Bill”).

Enacted by the Inflation Reduction Act and recently amended by the One Big Beautiful Bill Act (“OBBBA”), Section 45Z of the Internal Revenue Code offers a tax credit for the domestic production and sale of certain low-emission transportation fuels (“45Z Credit”). The 45Z Credit is worth $0.20 (or $1.00 for producers meeting prevailing wage and apprenticeship requirements) per gallon of renewable diesel, sustainable aviation fuel (“SAF”), renewable natural gas (“RNG”), and certain other low-carbon fuels produced domestically and sold.

In recent years, the U.S. government has become increasingly concerned about foreign ownership of agricultural land. According to the most recent U.S. Department of Agriculture (USDA) report, foreign owners (primarily Canadian) hold an interest in nearly 45 million acres of U.S. agricultural land.

Investment into data centers continues to increase significantly as the country builds out infrastructure to accommodate the digital economy and growth of artificial intelligence. Many states, including Texas, have now implemented various tax incentives to encourage investment in the state while simultaneously grappling with the taxable aspects of data center fuel. In November 2025, the