United States: Energy and Natural Resources

West Virginia has filed a constitutional lawsuit challenging Pennsylvania's renewable portfolio standards, arguing they violate the Commerce Clause by requiring certain renewable energy generators to be physically located in-state to participate in credit markets. The case could have far-reaching implications for similar renewable energy requirements in Massachusetts, New Jersey, Virginia, and other states that impose geographic restrictions on renewable energy credit eligibility.

Texas leads the nation in renewable energy and battery storage development, but navigating the complex web of federal, state, and local regulations presents significant challenges for developers. This discussion explores the environmental, land use, and regulatory considerations essential for advancing projects from conception through commercial operation, while addressing critical financing and permitting issues that can impact project timelines.

El 1 de septiembre de 2026, la Secretaría de Energía (“SENER”), publicó en el Diario Oficial de la Federación (“DOF”) el Acuerdo por el que se emite la cuarta modificación a la Segunda Convocatoria para la atención prioritaria de solicitudes de permisos de generación de energía eléctrica e interconexión al Sistema Eléctrico Nacional, publicada originalmente en el DOF el 11 de mayo de 2026.

The United States imports nearly all of 13 critical minerals essential to national defense and advanced manufacturing, creating strategic vulnerabilities. Federal agencies are now moving to unlock domestic sources by recovering these minerals from abandoned mine tailings, which contain significant concentrations of rare earth elements, cobalt, and other strategic materials while offering environmental remediation benefits.

The US Department of Energy's Office of Energy Dominance Financing has unveiled its Strategic Plan for 2026-2030, marking a significant shift in federal energy financing priorities. With over $300 billion in combined loan authority across four programs, EDF aims to deploy hundreds of billions in new financing commitments while maintaining rigorous underwriting standards.

Venezuela's post-Maduro reopening is creating unprecedented opportunities for foreign investors across energy, mining, telecommunications, and infrastructure sectors. With expanding OFAC sanctions relief, landmark legislative reforms, and major US companies nearing multibillion-dollar deals, the country presents investment prospects not seen in a generation—though success requires disciplined navigation of corruption, security, and regulatory risks.

A federal court in Michigan dismissed a groundbreaking antitrust lawsuit against major energy companies, rejecting the state's novel attempt to frame climate-related claims as a Sherman Act conspiracy to suppress renewable energy technologies. The ruling centered on whether Michigan had standing to pursue antitrust damages for alleged energy overcharges stemming from a decades-old conspiracy.

US energy and commodity traders expanding into European markets face a significantly more prescriptive regulatory landscape than their domestic framework. This analysis examines how EU and UK wholesale energy market integrity rules impose formalized registration requirements, explicit prohibitions on insider dealing and market manipulation, and heightened senior management accountability standards that exceed US principles-based approaches.

Oilfield service firms responding to the Dallas Fed Energy Survey for the third quarter of 2026 reported substantially broader increases in input costs than in the prices they received. The input-cost index was 60.4, compared with a prices-received index of 16.3. Each index represents the percentage of respondents reporting an increase minus the percentage reporting a decrease.

The 2016 Lautenberg Amendments promised to revolutionize chemical safety regulation in the United States, but have four administrations successfully implemented Congress's vision? This discussion brings together diverse stakeholders to debate whether EPA's decade-long implementation of TSCA reforms has achieved its public health goals, or if a fundamental reimagining of chemical regulation is needed.

In April 2024, EPA designated perfluorooctanoic acid (“PFOA”) and perfluorooctanesulfonic acid (“PFOS”) as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”). As previously discussed in Re:Torts, industry groups challenged the designation, arguing that EPA misread the phrase “may present substantial danger” as requiring only a “possibility” of harm. The groups also argued EPA gave inadequate notice of its cost-benefit methodology and acted arbitrarily and capriciously.

The December 29, 2026 deadline for bilingual labeling compliance for antimicrobial and non-agricultural pesticide products in Acute Toxicity Category I is rapidly approaching. Companies must ensure their pesticide labels include Spanish translations of health and safety sections or provide electronic access to these translations. Non-compliance could result in products being considered misbranded under FIFRA, leading to significant penalties and potential import refusals.