As data center development accelerates across Texas,[1] neighboring landowners are alleging property value losses based on noise, lighting, traffic, and sheer physical presence. Landowners may assume that they can simply point to a lower appraisal or a disappointed buyer
Our earlier post examined a hypothetical scenario in which a Texas carbon capture and storage (CCS) developer acquires only surface rights (plus a mineral owner’s surface waiver) over a depleted oil field, injects CO2 for geologic storage, and inadvertently restores
After years of false starts, Congress may finally be nearing a meaningful overhaul of the federal permitting process. On September 30, 2026, the leaders of the Senate Energy and Natural Resources Committee and the Senate Environment and Public Works Committee
The scope of federal jurisdiction under the Clean Water Act is about to change again, and this round of rulemaking is one that landowners, developers, and energy and infrastructure sponsors cannot afford to watch from the sidelines. On November 20,
On June 25, 2026, the U.S. Department of Agriculture (USDA) published a proposed rule that would significantly expand the scope and enforcement of the Agricultural Foreign Investment Disclosure Act (AFIDA), the federal law requiring foreign persons who acquire, transfer, or
The nation’s six regional grid operators recently told FERC how they plan to keep the lights on as large loads reshape the grid. Their July 20, 2026 Informational Reports offer a rare, coast-to-coast snapshot of the regulatory landscape for data
The Federal Energy Regulatory Commission (FERC) has taken a significant step toward addressing the growing demand for electricity from data centers, advanced manufacturing facilities, and other energy-intensive users. On June 18, 2026, FERC issued separate show cause orders to each
Battery energy storage system (BESS) projects are increasingly common in utility-scale renewable energy projects, and Kansas developers are pairing BESS projects with solar installations at a growing rate. But a property tax exemption issue is catching many of those developers
The rapid growth of carbon capture and storage (CCS) projects across the United States has been fueled in large part by the enhanced tax credits available under Section 45Q of the Internal Revenue Code of 1986, as amended (Code).
At a May 28, 2026 public hearing, fuel producers, agricultural stakeholders, and environmental credit companies testified before the U.S. Department of the Treasury (Treasury) and the Internal Revenue Service (IRS), calling for targeted fixes to proposed regulations affecting clean fuel
