News & Analysis as of

Infrastructure Texas

McGinnis Lochridge

Winter Storm Uri and Force Majeure: The Legal Battles Continue

McGinnis Lochridge on

Winter Storm Uri sent shockwaves through Texas, freezing gas supplies at a time of critical need and plunging the state into widespread power outages. In the aftermath, the courts have been flooded with force majeure claims,...more

McGuireWoods LLP

Texas’ Adoption of ALTA Endorsements Gives Energy Projects Greater Title Coverage

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When it comes to title insurance, Texas is an anomalous state. Most states are “ALTA states” and use title insurance forms that the American Land Title Association — a trade association representing the title insurance...more

Troutman Pepper Locke

Texas BACT Is a Fact: The Texas Supreme Court Unpacks the Texas Clean Air Act’s BACT Definition

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Port Arthur Community Action Network (PACAN) v. Texas Commission on Environmental Quality et al. (Tex. Feb. 14, 2025) presented the Texas Supreme Court with a unique opportunity to provide defined guideposts to understand...more

K&L Gates LLP

Texas Senate Bill 6 and Impacts on Large Load Development in ERCOT

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On 12 February 2025, Texas Senate Bill 6 (SB6), authored by Sen. Phil King and Sen. Charles Schwertner, was filed. The low bill number on this indicates it is a priority bill and will likely have momentum. If passed, this...more

K&L Gates LLP

Proposed Texas Senate Bills Have Potential Negative Impacts on Wind and Solar

K&L Gates LLP on

Renewable energy developers should be aware of the proposed legislation in Texas that, if passed, will significantly impact existing wind and solar facilities as well as development-stage projects. Senate Bill 819 (SB 819)...more

Gray Reed

Zoning Fundamentals – What Developers and Builders Need to Know

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What is zoning and how does it work? In simple terms, zoning refers to a city’s ability to regulate property owners’ use of their land within its corporate boundaries. For instance, a city may prohibit commercial...more

Troutman Pepper Locke

FERC Grants Certificate to Transco’s Texas to Louisiana Energy Pathway Project

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On January 18, 2024, FERC granted a certificate of public convenience and necessity to Transcontinental Gas Pipe Line Company, LLC (“Transco”) to construct and operate the Texas to Louisiana Energy Pathway Project (“Texas to...more

Gray Reed

Retail Electricity Customers Denied Relief from Uri

Gray Reed on

In re Luminant Generation Company LLC et al is a bitter pill for the litigation hangover from Winter Storm Uri. Takeaway: Texas does not recognize a legal duty owed by wholesale power generators to retail customers to provide...more

Mintz - Energy & Sustainability Viewpoints

Electric Storage Resource Growth and Deployment: A Tale of Two Markets

In recent years, the California Independent System Operator (“CAISO”) and the Electric Reliability Council of Texas (“ERCOT”) have experienced rapid growth and deployment of utility-scale and distributed electric storage...more

Vinson & Elkins LLP

The Texas Energy Fund Becomes Law. Now What?

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On Tuesday, November 7, 2023, Texas voters approved Proposition 7, a constitutional amendment creating the Texas Energy Fund (“TEF”). The TEF will provide electric infrastructure grant and loan programs established by Senate...more

Gray Reed

Who Owns Produced Water in Texas?

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In Cactus Water Services LLC v. COG Operating, LLC., a divided Texas court of appeals answered the question this way: The oil and gas producer prevails over the purchaser of the surface owner’s right to own and sell produced...more

Foley & Lardner LLP

What Happened to Texas’ Anti-Renewable Agenda? Legislators Fail to Pass Energy-Related Bills that Would Have Adversely Impacted...

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The most recent Texas biennial legislative session ended on May 29, 2023. Before its close, legislators introduced a series of energy-related bills aimed at shaping the state’s energy landscape and addressing various...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Disposal of Reclaimed Wastewater to Wastewater Collection System: Texas Legislation Introduced Addressing the Treatment and...

Senate Bill 1289 has been introduced in the 88th Texas Legislative Session addressing the onsite treatment and reuse of non-potable water. The intent of the bill is to remove certain regulatory barriers to this activity....more

Bradley Arant Boult Cummings LLP

Key Takeaways for the Energy Industry from the 2023 Texas Legislative Session: What Passed and What Failed

Monday, May 29, 2023, marked the official end of the 88th regular session of the Texas Legislature. It was an especially active session for the energy industry, which saw the passage of several bills that, if signed into law...more

Spilman Thomas & Battle, PLLC

Decoded: Technology Law Insights - V 4, Issue 1, January 2023

Big Boosts to Cybersecurity and Tech Funding in $1.7T Omnibus Bill Signed by Biden - “The bipartisan fiscal 2023 omnibus spending agreement includes $2.9 billion for the Cybersecurity and Infrastructure Security Agency, a...more

Sheppard Mullin Richter & Hampton LLP

Texas Central Wins Authority to Take Land for High-Speed Rail System

Move over luxury bus lines and quick flights. Central Texans should be on the lookout for bulldozers and train stops. On June 24, 2022, the Supreme Court of Texas held that Texas Central Railroad & Infrastructure, Inc. and...more

King & Spalding

New Railroad Commission of Texas Rules for Natural Gas Infrastructure

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Texas regulators recently took additional steps in an effort to prevent another catastrophic loss of power like that experienced during Winter Storm Uri in February 2021. On November 29, 2021, the Railroad Commission of Texas...more

Jackson Walker

How the $1.2 Trillion Infrastructure Plan Affects Texas

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With President Biden signing the $1.2 trillion infrastructure bill into law, Texas is set to receive an estimated $35.4 billion to improve infrastructure. Jackson Walker attorneys Amanda Crouch and Kate Goodrich walk through...more

Troutman Pepper Locke

Texas Transportation Legislation Overview of the 85th Regular Legislative Session

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The 85th Texas Regular Legislative Session was a challenging one for transportation issues and advocates. The Legislature succeeded in passing a Sunset bill for the Texas Department of Transportation (“TxDOT”) extending the...more

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