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Articles by Bailey A. Bridges
Supreme Court of Texas Approves Amendments to Civil Procedure Rule 201 Based on UIDDA, Streamlining Interstate Discovery | JD Supra
Key Takeaways: Depositions Across Jurisdictions: Rule 201.2 now clarifies procedures for compelling witness testimony in Texas for use in foreign jurisdictions that are signatories to the Hague Convention or similar treaties. UIDDA: The newly added Rule 201.3 adopts provisions from the UIDDA, enabling parties to request subpoenas for discovery in Texas based on out-of-state subpoenas.
Supreme Court of Texas Approves Amendments to Civil Procedure Rule 201 Based on UIDDA, Streamlining Interstate Discovery
Depositions Across Jurisdictions: Rule 201.2 now clarifies procedures for compelling witness testimony in Texas for use in foreign jurisdictions that are signatories to the Hague Convention or similar treaties. UIDDA: The newly added Rule 201.3 adopts provisions from the UIDDA, enabling parties to request subpoenas for discovery in Texas based on out-of-state subpoenas. However, Texas retains its requirement for court orders for premises inspections, diverging from the act’s broader provisions.
Pore Space Update: Texas Joins the Majority American Rule, but Accommodation Issues Remain at Play | JD Supra
Key Takeaways The Texas Supreme Court joins states following the “American Rule” for Pore Space ownership. Though states are legislating to define pore-space ownership, accommodation remains an issue. States compel pore-space unitization for commercial projects. Texas is the latest in a growing number of states to tackle the issues related to ownership and severability of the pore space underneath land as carbon capture and sequestration (CCS) remains a relevant tool in CO2 reduction.
Alexander Obrecht Presents, Bailey Bridges Moderates Panel on Loper Bright Panel
Partner Alexander Obrecht presented on and Bailey Bridges moderated a panel for the Houston Bar Association titled “Loper Bright Today – Status of Administrative Review Across Industries.” Taking place June 27, 2025, the session provided an update of case law applying Loper Bright across industries and its likely impact on: Federal tax guidance Energy and environmental regulation Regulatory healthcare updates in a post-Loper environment More information.
Texas Takes Latest Step Toward Adopting UIDDA | JD Supra
Key Takeaways Texas Supreme Court proposes new rule adopting key provisions of the UIDDA to streamline interstate discovery New Rule 201.3 is open for comment until August 1, 2025 Texas Legislature has given the Supreme Court until September 1, 2025, to adopt the UIDDA Last month, the Supreme Court of Texas proposed new Texas Rule of Civil Procedure, 201.3, that “would adopt the Uniform Interstate Depositions and Discovery Act,” commonly known as the UIDDA. The rule is open for comment until Aug.
Methane Series Part III: Implementation Is Here. EPA Published the Proposed Rule Implementing the First-Ever Direct Tax on Methane Emissions | JD Supra
We wrote an overview of the methane tax after the Inflation Reduction Act was signed into law in August 2022 and Congress directed the Environmental Protection Agency (EPA) to impose the first-ever direct tax on methane emissions under new Section 136 of the Clean Air Act. Here, we will focus on what EPA’s new proposed rule fills in. The proposed rule was published in the Federal Register January 26 and is currently open for comment until March 11.
Overview of the Inflation Reduction Act's Methane Tax
Part I of this three-part methane update discussed the state of substantive methane regulation in the United States and touched on the Inflation Reduction Act’s (“IRA” or “the Act”) addition of Section 136 to the Clean Air Act. This Part II covers Section 136’s first-ever federal “charge on methane emissions[.]” Part III will cover currently proposed changes to the substantive regulation of methane emissions. Read the alert.
Overview of the Inflation Reduction Act's Methane Tax | JD Supra
[i] Inflation Reduction Act of 2022, Pub. L. No. 117-169, § 60113 (2022), enacting Clean Air Act § 136, to be codified at 42 U.S.C. § 7436. [ii] “An excise tax, because it is based on a particular transaction or activity, can be imposed only once per act, whereas an ad valorem property tax can be imposed annually, as is typical of property taxes.” United States v. 4,432 Mastercases of Cigarettes, More or Less, 448 F.3d 1168, 1185 (9th Cir. 2006); Tax, Black’s Law Dictionary (11th ed.
Overview of the Inflation Reduction Act's Methane Tax
Key Takeaways Section 60113 of the Inflation Reduction Act adds Section 136 to the Clean Air Act, imposing a first-ever direct “charge” on methane emissions. The charge is based on an unworkable comparison between the weight of methane emitted and the volume of the natural gas stream sent to sale. In light of West Virginia v. Env’t Prot. Agency, 142 S. Ct. 2587 (2022), EPA likely lacks the authority to cure the statute’s unworkability through substantive rulemaking.
Overview of the Inflation Reduction Act's Methane Tax
Key Takeaways Section 60113 of the Inflation Reduction Act adds Section 136 to the Clean Air Act, imposing a first-ever direct “charge” on methane emissions. The charge is based on an unworkable comparison between the weight of methane emitted and the volume of the natural gas stream sent to sale. In light of West Virginia v. Env’t Prot. Agency, 142 S. Ct. 2587 (2022), EPA likely lacks the authority to cure the statute’s unworkability through substantive rulemaking.
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