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Law360 – NEPA Reforms Can Fix Permitting Without Weakening Review

The National Environmental Policy Act is continuing to undergo a period of structural recalibration. A combination of judicial decisions, executive policy direction and proposed legislation reflects a sustained effort to shorten permitting timelines for energy and infrastructure projects while preserving NEPA's core function as a procedural environmental review statute.

Law360 — Okla. Reforms Will Curb Oil, Gas Royalty Litigation Risk by Nick Merkley, Brooks Richardson and Scott Kiplinger

On May 6, Oklahoma Gov. Kevin Stitt signed H.B. 1371, enacting the most significant amendments to the state's Production Revenue Standards Act, or PRSA, since its adoption in 1980.

The Journal Record – Gavel to Gavel: Mining the Future – When Rare Earth Deals Run Through Indian Country

Whether you are a tribal nation seeking to leverage your subsurface assets for the next generation of energy, or a commercial developer looking to navigate the federal trust landscape, hiring the right law firm with the expertise to move your mining project from prospecting to production is essential.

S&P Global – Impact of Trump’s Defense Production Act Move to Boost Energy Supplies Uncertain: Analysts

An S&P Global article featuring GableGotwals attorney Scott Kiplinger explores the potential implications of President Trump’s Defense Production Act action for domestic energy production and infrastructure.

The Journal Record – Gavel to Gavel: Federal Invocation of Defense Production Act Faces Legal Pushback

The Trump administration‘s recent decision to invoke the Defense Production Act (“DPA”) to restart offshore oil operations near Santa Barbara is drawing legal and regulatory challenges, underscoring how geopolitical tensions can shape domestic energy policy and operations.

LAW.COM – EPA Proposal to End Greenhouse Gas Reporting Could Complicate Greenwashing Lawsuits

“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.

The Journal Record — Gavel to Gavel: D.C. Circuit Restores Title V Emergency Defense by Tyler Self

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.

The Journal Record — Gavel to Gavel: HB2036 Is a Common-Sense Action in Amending the Condemnation Process by Scott Kiplinger

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.

Law360 — The Risks Of Trump’s Plan To Fast-Track Deregulation by Tim Sowecke and Gerard D’Emilio

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.

The Journal Record — Gavel to Gavel: Unleashing American Energy by Executive Order by Ashlyn Smith

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.

The Journal Record – Gavel to Gavel: Trump’s second term presents opportunity for environmental regulation by Tim Sowecke

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 Journal Record – Gavel to Gavel: Supreme Court’s Recent Term Leaves a Weakened Administrative State by Brooks A. Richardson

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.

The Journal Record — Gavel to Gavel: Former USPTO Directors Urge Reconsideration of Proposed Terminal Disclaimer Rule by Christopher Shrock

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.”

The Journal Record – Gavel to Gavel: Federal Court Strikes Down NLRB’s Joint Employer Rule by Brooks A. Richardson

Employers, even those currently without a union representing a segment of the workforce, should seriously consider implementing labor relations training for managers and supervisors to mitigate against the growing risk of unionization that’s spreading around the country.

The Journal Record – Gavel to Gavel: Supreme Court Decision Will Impact Oklahoma Industry by Brooks A. Richardson

The decision may create opportunities for industry to secure more favorable rulings in regulatory battles but will also create regulatory uncertainty.

IEL’s Energy Law Advisor – Protective Measures Energy Companies Should Consider After Supreme Court Opens Door for Overtime Wage Lawsuits by Brooks A. Richardson and Chris S. Thrutchley

The U.S. Supreme Court’s decision will likely impact companies within the oil and gas industry.

Institute for Energy Law – Eminent Domain Reform in Texas: A Guide for Going With the Flow

House Bill 2730 goes into effect on January 1, 2022. Here’s what you need to know.

The Journal Record – Gavel To Gavel: New Law Rewards Voluntary EHS Audits by Ashlyn Smith and Jake Krattiger