Thought Leadership

2023 Energy Litigation Outlook

Client Updates

The Baker Botts Energy Litigation team has identified key issues and trends in the energy sector. To read the full Energy Litigation Outlook, please click here.

Please feel free to reach out to the relevant team members if you have any questions about any of the issues and trends discussed below. 

  • The Battle of State v. Municipal Regulation of Oil and Gas Operations
  • Pricing Disputes
  • Acquisition Related Disputes
  • Loan Financings and Energy Boycotts
  • Ongoing effects of the war in Ukraine
  • Environmental Reviews & Energy Infrastructure
  • BLM Venting & Flaring Rules
  • Coal Combustion Residuals Enforcement and Regulation
  • Ethylene Oxide (EtO) Litigation
  • The Role of Greenhouse Gas Emissions in FERC’s Certificate Process
  • Public Utilities & Energy Company Considerations for Political Activity
  • Preparing for Shareholder, Consumer, and Other Private Litigation over ESG Disclosures
  • Accidental Chemical Releases Likely to Receive Increased Scrutiny
  • The Uncertain Future of the Energy Charter Treaty
  • New Criteria for Transmission Lines in Texas
  • Hydrogen
  • Ownership of Pore Space
  • Federal Power Act Section 203
  • Crypto Mining in ERCOT
  • Texas Electric Market Redesign
  • SEC ESG-Related Enforcement
  • Energy Trading Misconduct & CFTC Enforcement
  • Off-Channel Communications
  • David-Bacon Act Updates
  • Helix v. Hewitt
  • 88th Texas Legislative Session
  • Behind-the-Meter Power Arrangements
  • Negotiorum Gestio and The Deduction of Post-Production Costs from Unreleased Mineral Interest Owners
  • The Shifting Landscape of Texas Tax Incentives in Energy Development
  • Sales Tax Exemption for Mineral Extraction
  • Benefits Litigation and Related Issues
  • LNG Outlook

For more information on this topic, and related topics, check out the additional resources below.

  • Energy Enforcement Insider. A monthly 30-minute webinar that addresses the latest trends and developments in investigations and enforcement matters impacting energy market participants and also provides real-world tips for mitigating risks and addressing key compliance and investigation challenges.
  • Environmental Evolutions. This podcast explores emerging areas and recent developments in environmental law and policy.
  • Beltway Buzz. A quarterly 30-minute interactive discussion focused on emerging compliance and enforcement issues and how these developments impact energy and environmental considerations.
  • Energy Hub. This resource provides easy access to current news and trends in the Energy Sector.

Baker Botts is an international law firm whose lawyers practice throughout a network of offices around the globe. Based on our experience and knowledge of our clients' industries, we are recognized as a leading firm in the energy, technology and life sciences sectors. Since 1840, we have provided creative and effective legal solutions for our clients while demonstrating an unrelenting commitment to excellence. For more information, please visit


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