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For more than 100 years, it has been clear that a landowner in Texas also owns the groundwater relating to that land. This right has taken on new importance as the demand for groundwater throughout our state has increased. As a by-product of the increased demand and the limitations on use, groundwater now has real value, independent from how it can be used on the surface of the property.

The redevelopment of brownfield sites into sites for data centers offers unique advantages as well as environmental challenges.

The US Fish and Wildlife Service and National Marine Fisheries Service have rescinded the longstanding regulatory definition of 'harm' under the Endangered Species Act, fundamentally altering how habitat modification impacts are treated in ESA enforcement and consultation processes. This regulatory change, effective September 12, 2026, adopts Justice Scalia's dissenting interpretation from the 1995 Sweet Home case, limiting prohibited 'take' to direct, affirmative acts against individual animals rather than

After years of suggesting that modifications were in the works, the Department of Justice recently proposed drastic changes to the Foreign Agents Registration Act (FARA) that would, among other things...

The UK continues to push forward to achieve its net-zero targets. However, due to the increase of renewable energy developers and National Grid network constraints, the electricity generation...

National Security Gains May Be Offset by Increased Delays and Public Challenges to Foreign Investment in the United States.

On December 1, the Commodity Futures Trading Commission (CFTC) voted out a proposed rulemaking to set final definitions for the key Dodd-Frank terms "Swap Dealer" and "Major Swap Participant," among others.

In the hopes of accelerating development of a "smart" electric transmission grid, the Federal Energy Regulatory Commission on March 19, 2009 proposed a policy that will favor and incentivize investments in Smart Grid technology, which the Commission believes will advance the efficiency, security, reliability, and interoperability of the electrical grid.

On March 16, 2026, the Department of the Interior announced a rare meeting of the Endangered Species Committee (ESC or Committee), colloquially referred to as the "God Squad."

The U.S. Supreme Court is set to consider whether federal law, including the Clean Air Act, preempts state-law tort claims brought by local Colorado governments seeking damages from fossil fuel companies for alleged...

Women have become more prominent and influential in environmental law. What better time to celebrate and recognize women lawyers than during Women's History Month?

The number of disputes being resolved by arbitration continues to increase annually, because arbitration can offer numerous advantages over court litigation—particularly in commercial disputes...

Last week, the SEC filed its first ever enforcement action on non-fungible tokens, charging a media and entertainment company with conducting an unregistered sale of NFTs called "Founder's Keys."

The Sarbanes-Oxley Act, effective July 30, 2002, seeks to protect investors and to improve corporate responsibility in the wake of recent major corporate accounting scandals. The Act also seeks to protect employees who blow the whistle on their corporate employers.

The US Supreme Court has recently granted certiorari on the issue of whether a corporation can be held liable for the conduct of its affiliate without first satisfying the well-settled standards...

Senator Charles Schumer (D, NY) recently introduced legislation addressing a number of controversial issues in corporate governance.

In Free Enterprise Fund et al. v. Public Company Accounting Oversight Board et al., No. 08-861 (U.S. June 28, 2010), the Supreme Court articulated limits on the extent to which officers of organizations carrying out federal executive functions pursuant to a Congressional mandate may be insulated from Presidential oversight and dismissal.

The transition to cleaner energy continues, but there is growing recognition of the enduring role of oil and gas, which is tempering the pace.