Texas has significantly expanded its review of data-center development since Governor Greg Abbott directed the Public Utility Commission of Texas (PUCT) and the Electric Reliability Council of Texas (ERCOT) in August to audit projects advancing through ERCOT’s interconnection process. That review has now expanded into state permitting and water use, ERCOT began formal project-level information […]
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Major Changes to New Mexico Oil & Gas Financial Assurance
New Mexico oil and gas companies now have two major financial assurance changes, plus a complete regulatory overhaul, to navigate and implement at the same time. Oil Conservation Division (NM OCD): $150K Per Well If Ineligible for $250K Active Well Blanket Bond Discount The Oil Conservation Commission’s (OCC) Case No. 24683 amendments to the Oil […]
Colorado River Uncertainty Is Becoming a Project Development Risk
Interior Adopts a Ten-Year Framework and Two Years of Operating Rules — The Allocation Question Remains Unresolved Across the Basin Water has become a gating item for development across the American West. On August 21, 2026, the Secretary of the Interior signed a Record of Decision that sets federal operating boundaries for the Colorado River […]
Supreme Court Declines to Address Threshold Issue in Climate Change Lawsuit
In January, the United States Supreme Court decided not to weigh in on a climate change lawsuit between the City of Honolulu and Sunoco. The lawsuit alleges that oil companies made misleading statements about the impacts of their fossil fuel products in creating human-induced climate change. However, the Supreme Court’s decision says nothing about the merits of the underlying claims.…
Beware of the Fine Print: Pitfalls of BLM’s Leases and Leasing Process Rule
As has been highly reported and talked about, the Bureau of Land Management’s (BLM) final rule on leases and the leasing process, known as the Leasing Rule,[1] raises minimum bonding requirements from $10,000 to $150,000 for a lease bond and from $25,000 to $500,000 for a statewide bond, effective June 22, 2024 for new federal leases or assignments. Less discussed…
Participating but Not Paying: A review of the remedies for nonpayment of JIBs
In the oil and gas regulatory environment, operators are familiar with the following increasingly common pattern. As part of the process of pooling the working interests in a drilling and spacing unit (“DSU”), an operator sends AFEs and election letters to working interest owners and other parties with interests in the DSU. A non-operator signs and returns its election letter,…
