“Companies with a national footprint could therefore face overlapping claims in multiple and often inconsistent state frameworks, which will invariably lead to forum-shopping and different outcomes in cases across jurisdiction,” said GableGotwals shareholder Timothy Sowecke, who handles energy and environmental matters.
In a significant decision for the oil and gas industry, the D.C. Circuit recently restored the Clean Air Act (“CAA”) Title V “emergency affirmative defense.” This ruling struck down EPA’s 2023 rescission of the long-standing defense.
On May 21, Governor Stitt signed House Bill 2036 into law, marking a significant update to Oklahoma‘s condemnation procedures. The new law streamlines practices statewide while incentivizing higher payments for landowners.
On April 9, President Donald Trump issued a memorandum instructing federal agencies to roll back existing regulations the administration deems inconsistent with recent U.S. Supreme Court decisions.
President Trump has declared a national energy emergency on the grounds the country lacks adequate energy to sustain its way of life. Therefore, on January 20, 2025, the president signed an executive order, "Unleashing American Energy," which aims to boost oil and gas production by rolling back regulations put in place during the previous administration.
Trump’s second term will bring new leadership to agencies responsible for energy and environmental regulation. Nominations such as Lee Zeldin (EPA), Robert F. Kennedy Jr. (HHS), Doug Burgum (DOI), Chris Wright (DOE), Matt Gaetz (DOJ), and Elon Musk (DOGE) signal a focus on limiting regulatory authority, promoting energy development, and disrupting the status quo.
The United States Supreme Court issued numerous blockbuster decisions this past term, but four decisions will collectively have major impacts on the functions of federal agencies for decades to come. Every business operating in a regulated industry should consider how these cases may impact their future operations.
Five former directors of the U.S. Patent and Trademark Office have called on current Director Kathi Vidal to withdraw proposed changes to terminal disclaimer rules. Vidal’s predecessors worry the rule would depart from the “normal process of considering each patent claim on its own merits.”