Holland & Hart attorneys Jennifer Scheller Neumann, Amelia Yowell, and William Caile share insights with Law360 on key energy and environmental cases for courts to watch in 2026. The cases span issues from federal agency independence to interstate water rights, with several matters pending before the US Supreme Court.
FERC Independence
In a case that could transform FERC's independence and potentially overturn Humphrey's Executor v. United States, the US Supreme Court will determine whether a president can fire certain agency officials. Of Counsel Jennifer Scheller Neumann shared, “The amicus brief linked FERC to the Federal Reserve as illustrations of why Congress created independent agencies free from presidential interference,” adding, “The question is whether the Supreme Court will think that FERC, like the Fed, warrants maintaining that independence.”
State Climate Torts Challenged
The federal government is challenging state laws and torts attempting to make fossil fuel companies responsible for climate change-related damages. Jennifer Neumann commented, “It might be trickier for the federal government to tie the state actions to arguments that they're preempted by the Clean Air Act, especially in the case of the climate Superfund laws,” adding, “In those cases, you might see more emphasis on the constitutional arguments.”
Energy Emergency Orders Under Fire
Attorneys general from 15 Democratic-led states challenged Trump's national energy emergency declaration, raising questions about federal agency authority. Of Counsel Amelia Yowell commented, “The case speaks to a larger legal question being asked during the current Trump administration: to what extent federal agencies can solely rely on presidential orders, given that they are generally subject to greater scrutiny under the Administrative Procedure Act over whether their actions are reasonable and reasonably explained?” She also shared, “If the EO is upheld as finding an emergency, that will be helpful, but it may not completely answer the question of what standard agencies are held to in responding to an EO and with individual projects.”
Nebraska Sues Colorado Over Water Rights
Nebraska has told the US Supreme Court that Colorado has violated a century-old river compact governing the South Platte River. Partner William Caile explained the practical implications: “This case and the related Perkins Canal project have real-world implications for the existing augmentation plans and groundwater recharge projects that support agriculture on the lower portion of the South Platte River in Colorado,” adding, “At stake for Nebraska is the ability to make use of additional South Platte flows at times when such water would otherwise have been legally unavailable.”
Please click here to read the full Law360 January 2 article, “Energy and Environmental Cases To Watch in 2026” (subscription may be required).