McDaniel, Cole T. - GableGotwals

Energy, Oil & Gas Alert — Legal and Regulatory Considerations for the Energy Sector

Katie Huber — Thu, 15 May 2025 19:22:08 +0000

May 15, 2025 | By: Gerard D’Emilio, Cole McDaniel, Ashlyn Smith, Alex Telarik, and Brian Tully

Recent court decisions and regulatory shifts have significantly altered the landscape for energy companies. The U.S. Supreme Court’s narrowing of federal regulatory authority, heightened litigation risks, and state-level legal updates are reshaping compliance strategies. Companies must adjust quickly to navigate new uncertainties and regulatory frameworks.

This summary highlights the top five legal and regulatory considerations for the energy sector, based on recent developments discussed at GableGotwals’ Sixth Annual Energy Market Drivers and Current Legal Issues Seminar.

Greater Potential for Litigating Federal Regulations
Recent U.S. Supreme Court decisions, including Loper Bright, Jarkesy, and Corner Post, have opened the door to increased litigation over federal regulations.

- Regulated entities can now challenge older rules based on when an injury occurs, not when the rule was issued.
- Federal agencies may shift enforcement strategies to avoid risks tied to administrative proceedings.
- Companies must actively monitor and engage with ongoing litigation that could impact compliance obligations.

Importance of Public Comment in Rulemaking
The Court’s decision in Ohio v. EPA highlights the elevated importance of strategic public comments during rulemakings.

- Failure by agencies to respond to substantive comments may provide grounds to overturn rules.
- Proactive and detailed public comments are now essential to preserving future legal challenges.
- Stakeholders should engage early and aggressively during the rulemaking process to shape final regulations.

Reduced Deference to Agency Interpretations
The end of Chevron deference following Loper Bright significantly changes judicial review standards.

- Courts must independently interpret statutes without defaulting to agency views.
- This shift increases legal uncertainty around regulations based on ambiguous statutes.
- Energy companies should closely evaluate the legal bases for regulations and prepare for more disputes about statutory interpretation.

State-Level Developments Carry Increasing Weight
With federal authority curtailed, states are asserting more influence over energy regulation, particularly in Oklahoma and Texas.

- Ongoing rulemaking updates are reshaping operational requirements.
- State-specific regulatory strategies must be prioritized alongside federal compliance plans.
- Monitoring state legal developments is critical to anticipating future challenges and opportunities.

Business Courts and Judicial Trends in Energy States
New court systems, such as the Texas Business Court and 15th Court of Appeals, are changing litigation dynamics. Several other states, like Oklahoma, are considering how to implement such court systems.

- Business courts are positioned to provide faster, more specialized handling of complex energy disputes.
- Judicial trends are increasingly focused on clear statutory interpretation and limiting agency discretion.
- Strategic venue selection and familiarity with new court procedures are becoming essential litigation tools.

The regulatory environment for the energy sector is entering a period of instability and recalibration. Companies should expect more challenges to regulations, less certainty around agency actions, and a greater need for proactive legal and regulatory engagement. Adapting to these changes with foresight and agility will be critical for long-term success.

If you have any questions, please contact any member of GableGotwals’ Energy, Oil & Gas team.

Gerard D’Emilio
405-568-3318
gdemilio@gablelaw.com

Cole McDaniel
405-235-5553
cmcdaniel@gablelaw.com

Ashlyn Smith
405-568-3319
asmith@gablelaw.com

Alex Telarik
918-595-4836
atelarik@gablelaw

Brian Tully
346-200-6017
btully@gablelaw.com

This article is provided for educational and informational purposes only and does not contain legal advice or create an attorney-client relationship. The information provided should not be taken as an indication of future legal results; any information provided should not be acted upon without consulting legal counsel.

The post Energy, Oil & Gas Alert — Legal and Regulatory Considerations for the Energy Sector first appeared on GableGotwals.

Secured Favorable Ruling in Municipal Referendum Challenge

Melissa Pasha — Thu, 30 Nov 2023 22:06:29 +0000

Successfully represented a local developer in a civil lawsuit protesting the legal sufficiency of the Referendum Petition related to Jenks Ordinance No. 1617.

The post Secured Favorable Ruling in Municipal Referendum Challenge first appeared on GableGotwals.

GableGotwals Secures Favorable Ruling in Municipal Referendum Challenge

ggms — Thu, 30 Nov 2023 14:48:13 +0000

November 30, 2023 | GableGotwals Shareholder, Adam Doverspike, and Associate, Cole McDaniel, successfully represented a local developer in a civil lawsuit protesting the legal sufficiency of the Referendum Petition related to Jenks Ordinance No. 1617.

In June 2023, the developer requested a land use change to obtain a Planned Unit Development (PUD) to create an outdoor entertainment venue at 106^th and Elm in Jenks to host little league baseball tournaments and to provide parkland for the public. The conceptual plan for the space included more than 72 acres of green space and 10 baseball fields with public walking trails and play areas.

The Jenks Planning Commission, the Jenks City Council, and the Jenks Mayor all approved the PUD. In July 2023, a group called “Jenks Coalition for Smart Growth” brought a Referendum Petition to the city clerk asking for a public vote on the ordinance. Though the petition received an adequate number of signatures, it misleadingly suggested the entire property had been rezoned to commercial zoning, stated that the entire 116 acres would be a commercial enterprise, and omitted that 50% of the property would be reserved green space and public walking trails.

The developer, represented by GableGotwals, challenged the “gist” of the petition as misleading. On November 22, 2023, the court agreed and ruled that the ‘gist’ of the petition was misleading under the appropriate legal standards and did not provide the potential signatory with sufficient information to make an informed decision. The court found that:

This gist similarly misleading because it states that agricultural zoning is no longer applied to the property, that it allows the “operation of a large 116 acre commercial enterprise,” and omits any information or reference in the PUD including reservation of 50% plus of the property as green space and newly-accessible walking trails. While the court has great respect for citizen-led initiatives and direct democracy, these three issues were misleading and/or incorrect, and justify striking the ballot under the above legal standards.

The court ruled in favor of the developer and ordered that the ballot be struck.

GableGotwals’ Municipal Law and Initiative Petition teams are available to advise petitioners and respondents in initiative petitions, referendums, and municipal referendums to ensure Oklahoma’s citizen-led direct democracy is properly practiced according to the law.

About GableGotwals
GableGotwals® is a full-service law firm with nearly 100 attorneys and more than 70 other professionals in Oklahoma and Texas. We represent a diversified client base across the nation, and our connections and reach are global. Fortune 500 corporations, privately owned companies, entrepreneurs, foundations, and individuals entrust us every day with the stewardship and strategic management of their legal challenges.

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GableGotwals Welcomes New Associates

ggms — Tue, 29 Aug 2023 19:16:05 +0000

August 29, 2023 | GableGotwals is pleased to announce our new associates have joined the Firm.

Rosa M. Garner focuses on a broad range of litigation matters, including corporate litigation, energy law, and intellectual property law. Rosie graduated in the top 20% of her class, earning her Juris Doctorate with Distinction from the University of Oklahoma College of Law. She was frequently named to the Dean’s Honor Roll and received the American Jurisprudence Award for Criminal Law. Prior to attending law school, Rosie earned her Bachelor of Science and Master of Science degrees in microbiology and worked as a research assistant focusing on microbial methane cycling in the environment.

Cole T. McDaniel focuses on a variety of litigation matters, including oil and gas, real estate, and commercial law. While at the University of Oklahoma College of Law, Cole was a member of the American Indian Law Review, Business Law Society, and Environmental Law Student Association. Additionally, Cole worked at BancFirst from spring 2018 to summer 2021 as a teller, intern, and extern. As an extern, he reviewed and updated employee and management training materials to reduce legal risks when dealing with customers.

About GableGotwals

GableGotwals is a full-service law firm with nearly 100 attorneys and more than 70 other professionals in Oklahoma and Texas. We represent a diversified client base across the nation, and our connections and reach are global. Fortune 500 corporations, privately-owned companies, entrepreneurs, foundations, and individuals entrust us every day with the stewardship and strategic management of their legal challenges.

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