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Jerry Higdon

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Jerry is a talented environmental attorney with three decades of experience representing private and public parties in avoiding, managing, and resolving environmental liabilities and facilitating environmental sustainability solutions through brownfields redevelopment and the development and scaling of renewable energy.

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I.  General Background

On December 17, 2024, the Railroad Commission of Texas (RRC) adopted new comprehensive regulations governing the handling, storage, treatment, and disposal of oil and gas waste. The rules were published January 3, 2025, in the Texas Register and become effective on July 1, 2025. They codify formerly informal guidance and ad hoc permitting practices and also update existing oil and gas waste regulations to align with technological advancements.

Background

Port Arthur Community Action Network (PACAN) v. Texas Commission on Environmental Quality et al. (Tex. Feb. 14, 2025) presented the Texas Supreme Court with a unique opportunity to provide defined guideposts to understand just what is “best available control technology” or “BACT” for the purposes of Texas air permitting.