“What to Expect from the Fifth Circuit in Oil & Gas Regulatory Litigation in 2020 and Beyond”
Presented by Shane Pennington
From SWEPCO v. EPA and Clean Water Action v. EPA to W&T Offshore, Inc. v. Bernhardt, the Fifth Circuit’s administrative-law docket included several major cases with important implications for the oil & gas industry. And as we move into 2020, more major developments are imminent: How, for example, will the Fifth Circuit treat challenges to agency interpretations of their own regulations in the wake of the Supreme Court’s landmark decision in Kisor v. Wilkie? What are the most important administrative-law cases and issues working their way through the agencies and lower courts right now? And, in general, what lessons have 2019 taught us about challenging agency action in the Fifth Circuit in 2020 and beyond?