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Our Take

| 1 minute read

Baker Botts’ 39th Annual Environmental Seminar

On January 28, 2026, Baker Botts hosted a full day of discussions featuring senior regulators, former agency leaders, and policy insiders, a clear theme emerged: environmental and energy regulation is being reshaped at an accelerated pace, with significant implications for infrastructure, the energy industry, and investment. Federal agencies are moving to streamline permitting energy and other priority projects, narrow the scope of certain environmental reviews, and recalibrate enforcement around clearer statutory footing and more targeted, high-impact cases. At the same time, major rulemakings are underway on issues such as Clean Water Act jurisdiction, air and climate regulation, and NEPA implementation, while courts remain an active arena for testing the durability of these shifts. For clients, the opportunity lies in pairing strong technical applications with a smart procedural strategy that anticipates faster timelines, evolving jurisdictional lines, and increased litigation risk.

The day also underscored how broader forces are shaping trends in environmental regulation. Rapid growth in data centers and AI is driving unprecedented electricity demand and new federal attention to grid interconnection, while water scarcity in regions like Texas is pushing regulators to accelerate alternative supply pathways. Meanwhile, DOJ and EPA leaders described an enforcement environment that is more selective but still active, with greater scrutiny on consent decree terms and a growing focus on energy policy and state–federal conflicts. Taken together, these developments point to a regulatory landscape defined by speed, scale, and legal uncertainty, where early engagement, integrated planning across air, water, energy, and infrastructure issues, and proactive risk management will be essential for companies navigating major projects and compliance obligations in the year ahead.

Read key takeaways from the individual sessions and breakout sessions via the following links: