Ben assists clients in obtaining air, water, and waste permits from the Texas Commission on Environmental Quality, provides advice on complex environmental audits, and conducts environmental reviews for energy and real estate transactions.

Ben has assisted in the development and financing of more than 30 wind and solar energy projects. Ben has assisted clients navigate the air quality permitting process for numerous natural gas-fired power plants, including contested case hearings, obtaining favorable decisions at SOAH, and ultimately obtaining air permits.

Ben has also counseled clients in a variety of industries through the NEPA process, including clients in the transportation, LNG, oil and gas, and solar energy sectors. The NEPA process can be quite complex covering issues such as endangered species, cultural resources, economic impacts, wetlands, and alternative analyses.

Ben also advises pipeline clients on compliance with FERC regulations and the Interstate Commerce Act. He assists clients in conducting open seasons, drafting petitions for declaratory orders, and filing tariffs with FERC. He advises clients on disputes arising under common carrier tariffs and transportation services agreements, including issues of nondiscriminatory service, undue preference, prorationing and capacity allocation, and interpretation of tariff terms.

• The Best Lawyers in America (Woodward/White Inc.), Environmental Law, 2023-2026
• Lawdragon Green 500: Leaders in Environmental Law, Environmental Litigation, 2023-2026
• Texas Rising Star, Super Lawyers by Thomson Reuters, 2016-2019

Publications

• “Proposed Listing of Lesser Prairie-Chicken Under Endangered Species Act and Potential Impact on Energy Projects,” Jackson Walker Insights (2021)
• “EPA Rolls Back Portions of Methane Rule,” Jackson Walker Insights (2020)
• “Court Orders Dakota Access Pipeline Shut Down,” Jackson Walker Insights (2020)
• “Key Permit Used in Keystone XL Pipeline Put On Hold – Potential Far-Reaching Impacts on Other Projects,” Jackson Walker Insights (2020)
• “EPA Proposes to Revise Significant Aspects of Methane Rule,” Jackson Walker Insights (2018)
• “Petition for Rulemaking Requests Standards of Conduct for Oil Pipelines,” Jackson Walker Insights (2018)
• “DOI Reverses Course and Declares Migratory Bird Treaty Act Does Not Prohibit Incidental Take,” Jackson Walker Insights (2018)
• “Appeals Court Decision Requires Air Emissions Reporting for Animal Waste,” Jackson Walker Insights (2017)
• “Denbury v. Texas Rice “Texas Rice II”: The Texas Supreme Court Affirms Common Carrier Status,” Jackson Walker Insights (2017)
• O’Connor’s Texas Oil & Gas Statutes & Regulations, Editor, 2014-2018

Speaking Engagements

• “SRAs: Texas’ Response to Seismic Activity (and Other Regulations),” Jackson Walker’s Hot Topics in Oilfield Produced Water Webinar (2022)
• “Legal Roundtable: Is Texas Still Energy Friendly?”, MIDSTREAM Texas Conference, Midland, Texas (2018)
• “Interstate Determinations under the Natural Gas Act and Interstate Commerce Act,” Pipeline Safety Conference, New Orleans, Louisiana (2016)
• “Emergency Demand Response Under EPA’s RICE MACT Rules,” San Antonio, Texas (2016)
• “GHG Regulation and the Politics of Climate Change for the Oil and Gas Industry,” 61st Annual Rocky Mountain Mineral Law Institute, Anchorage, Alaska (2015)
• “Regulatory Compliance After the West Fertilizer Explosion,” Texas Ag Industries Association Regional Meeting, Belton, Texas (2013)
• “Compliance with EPA and TCEQ Air Quality Regulations Affecting Oil and Gas Operations,” San Antonio Association of Professional Landmen Mid-Winter Seminar, San Antonio, Texas (2013)
• “The Denbury Decision – Its Impact on Pipeline Construction and How the Legislature and Railroad Commission Will Respond,” Obtaining and Expanding Pipeline Capacity in the Shale Oil and Gas Revolution, Houston, Texas (2013)
• “Environmental and Clean Air Regulations Affecting the Midstream,” Midstream Oil and Gas Law Conference, Houston, Texas (2012)

In the News

• “Lesser Prairie-Chicken Listed as Endangered in Permian Basin,” Bloomberg Law (November 17, 2022)
• “Prairie-Chicken Listing Expected to Put Wind Farms in Crosshairs,” Bloomberg Law (June 7, 2021)
• “EPA’s Methane Emission Proposal Fuels Oil And Gas Uncertainty,” Hart Energy (September 10, 2019)
• “Don’t Worry, Texas Will Still Be Energy Friendly,” MIDSTREAM Business (June 27, 2018)
• “Texas Supreme Court Establishes a Pipeline-Friendly Threshold,” Texas Lawyer (March 1, 2017)

• Oak Hill Youth Sports Association – Volunteer Head Coach 2021-2025
• Westlake Hills Presbyterian Church – Deacon
• Mickey Leland Environmental Internship Program, Advisory Board, 2017-2024
• Generation Waller
  • Vice President, 2015-2017
  • Volunteer Committee Chair, 2014

More Client Results

Ten Jackson Walker Attorneys Named to Lawdragon’s List of 500 Leading Environmental Lawyers

Jackson Walker is pleased to announce the selection of ten attorneys to the “Lawdragon 500 Leading Environmental Lawyers – The Green 500” list.

Attorney News • February 11, 2026

‘The Best Lawyers in America’ Features 350 Jackson Walker Attorneys in 2026 Edition, Including 10 “Lawyers of the Year” and 106 “Ones to Watch”

The Best Lawyers in America, a widely regarded guide to legal excellence, has recognized 350 Jackson Walker attorneys across 87 specialty practice areas in its 2026 edition, including 10 Lawyers of the Year and 106 Ones to Watch.

Attorney News • August 21, 2025

Lawdragon Lists Eight Jackson Walker Partners Among Leading Environmental Lawyers of 2025

Jackson Walker partners Ali Abazari, Leonard Dougal, Taylor Holcomb, Lindsey Moorhead, Michael Nasi, Benjamin Rhem, Daniel Vineyard, and Peter Wahl have once again been recognized among Lawdragon’s list of leading environmental lawyers.

Attorney News • January 31, 2025

‘The Best Lawyers in America’ Features 306 Jackson Walker Attorneys in 2025 Edition, Including 9 “Lawyers of the Year” and 75 “Ones to Watch”

The Best Lawyers in America has recognized 306 Jackson Walker attorneys across 81 specialty practice areas in its 2025 edition, including 9 Lawyers of the Year and 75 Ones to Watch. In this year’s guide, Jackson Walker saw the largest number of attorneys in the areas of Commercial Litigation (75 attorneys) and Real Estate Law (55 attorneys) and the addition of 27 attorneys as Best Lawyers.

Attorney News • August 15, 2024

Lawdragon Lists Eight Jackson Walker Partners Among Leading Environmental Lawyers of 2024

According to Lawdragon, “The 2024 Leaders in Environmental Law” list features “an amazing collection of attorneys, ranging from wolf advocates, to sustainable finance leaders, experts in greenwashing claims and regulatory gurus who help businesses navigate environmental regulations to successfully develop projects.”

Attorney News • February 2, 2024

‘The Best Lawyers in America’ Honors 287 Jackson Walker Attorneys in 2024 Edition, Including 12 “Lawyers of the Year” and 80 “Ones to Watch”

The Best Lawyers in America has recognized 287 Jackson Walker attorneys across 5 offices and 82 specialty practice areas in its 2024 edition, including 12 Lawyers of the Year and 80 Ones to Watch. In this year’s guide, Jackson Walker saw the largest number of attorneys in the areas of Commercial Litigation (66 attorneys) and Real Estate Law (60 attorneys) and the addition of 35 attorneys as Best Lawyers.

Attorney News • August 17, 2023

Lawdragon Lists Five Jackson Walker Attorneys Among Leading Environmental Lawyers

Jackson Walker announces the selection of Ali Abazari, Leonard Dougal, Michael Nasi, Benjamin Rhem, and Daniel Vineyard to “The Lawdragon Green 500: Leaders in Environmental Law” list for 2023.

Attorney News • February 14, 2023

Lesser Prairie-Chicken Listed as Endangered in Permian Basin | Bloomberg Law (Subscription Required)

The Biden administration plans to list the lesser prairie-chicken as endangered in the Permian Basin in Texas and New Mexico, and threatened in Oklahoma, the US Fish and Wildlife Service announced Thursday.

Mentions • November 17, 2022

‘The Best Lawyers in America’ Honors 214 Jackson Walker Attorneys in 2023 Edition, Including 11 “Lawyers of the Year” and 41 “Ones to Watch”

The Best Lawyers in America has recognized 214 Jackson Walker attorneys across 6 offices and 79 specialty practice areas in its 2023 edition, including 11 Lawyers of the Year and 41 Ones to Watch. Best Lawyers listings are based on an exhaustive peer review survey of thousands of attorneys who vote on the legal abilities of others in their practice areas.

Attorney News • August 18, 2022

Join Jackson Walker for “Hot Topics in Oilfield Produced Water” Webinar

Wednesday, July 27, 2022 | 12 p.m. to 1 p.m. CT

Join Patrick Knapp, Reagan Marble, Ben Rhem, and Taylor Holcomb for this upcoming webinar as they provide an overview of how the midstream water business is among the fastest-growing segments of the oil and gas industry.

Webinars • July 27, 2022

Proposed Listing of Lesser Prairie-Chicken Under Endangered Species Act and Potential Impact on Energy Projects

By Jerry Webberman, Alicia French, Jesse Lotay, & Ben Rhem

On June 1, the U.S. Fish and Wildlife Service published a proposed rule in the Federal Register to list the lesser prairie-chicken under the Endangered Species Act. If finalized, the species would be listed as endangered in the Southern DPS, which is located in West Texas and New Mexico and overlaps with the oil- and gas-rich Permian Basin, and threatened in the Northern DPS, located in the Texas Panhandle, Oklahoma, Kansas, and Colorado. Public hearings to gather comments on the proposal will be held on July 8 and July 14, and all public comments must be submitted by August 2, 2021.

Insights • June 8, 2021

Prairie-Chicken Listing Expected to Put Wind Farms in Crosshairs | Bloomberg Law

An endangered listing wouldn’t be a “death knell for industry,” but it would be a new regulatory burden for developers, making wind farm construction more difficult, said Jackson Walker partner Ben Rhem, who represents wind farm lenders and developers.

“Developers are going to have to be more careful, more thoughtful about where they’re siting their project,” Rhem said. “There may be certain areas where it becomes such a regulatory burden that it just makes sense to look elsewhere.”

Mentions • June 7, 2021

EPA Rolls Back Portions of Methane Rule

On August 13, 2020, the Environmental Protection Agency issued two rules rolling back portions of its 2012 and 2016 New Source Performance Standards for the Oil and Natural Gas Industry to simplify compliance and reduce regulatory costs.

Insights • August 17, 2020

Court Orders Dakota Access Pipeline Shut Down

On July 6, 2020, the U.S. District Court for the District of Columbia issued a ruling ordering that the Dakota Access Pipeline be shut down and emptied by August 5, 2020.

Insights • July 7, 2020

Key Permit Used in Keystone XL Pipeline Put On Hold – Potential Far-Reaching Impacts on Other Projects

On April 15, 2020, the U.S. District Court for the District of Montana vacated a key general permit pipeline and utility project that owners have used for decades to address Clean Water Act requirements, including the Keystone XL oil pipeline.

Insights • May 1, 2020

Ben Rhem Weighs in on EPA’s Proposed Updates to New Source Performance Standards for the Oil and Natural Gas Industry

As the period for public comment on the U.S. Environmental Protection Agency’s proposed policy amendments to the 2012 and 2016 New Source Performance Standards for the Oil and Natural Gas Industry, Hart Energy featured insights from Ben Rhem on the latest action, the oil and gas industry’s response, and what to expect.

Mentions • October 1, 2019

Up and Coming: 34 Jackson Walker Attorneys Named to 2019 “Super Lawyers – Rising Stars” List

Jackson Walker is excited to congratulate our 34 attorneys who were named to Thomson Reuters’ 2019 “Super Lawyers – Rising Stars” list.

Attorney News • March 6, 2019

EPA Proposes to Revise Significant Aspects of Methane Rule

Two years ago, the EPA adopted the New Source Performance Standards (NSPS) Subpart OOOOa (commonly known as the Methane Rule), which allowed the EPA – for the first time – to regulate directly the emissions of methane gas from oil and gas operations. On September 11, 2018, the EPA released its proposed rule reversing significant aspects of the Methane Rule.

Insights • September 13, 2018

Ben Rhem Joins Legal Roundtable for MIDSTREAM Texas Conference

Benjamin R. Rhem spoke on a panel at the fourth annual MIDSTREAM Texas conference. The panel discussion addressed key issues executives face as the midstream build-out continues amid legal and regulatory challenges, such as transportation rates, increased litigation, eminent domain, environmental oversight, and cybersecurity risks.

Speaking Engagements • July 2, 2018

JW Media | VIA ePostcard – March 2018

View the Jackson Walker VIA Media e-Newsletter from March 2018.

Newsletters • March 31, 2018

Thirty-Three Jackson Walker Attorneys Named to “Super Lawyers – Rising Stars” List

Jackson Walker congratulates its 33 attorneys who were named to Thomson Reuters’ 2018 “Super Lawyers – Rising Stars” list.

Attorney News • March 12, 2018

Petition for Rulemaking Requests Standards of Conduct for Oil Pipelines

Insights • February 13, 2018

Appeals Court Decision Requires Air Emissions Reporting for Animal Waste

On April 11, 2017, the U.S. Court of Appeals for the D. C. Circuit vacated a 2008 EPA rule, which had exempted certain agricultural operations from federal air emission reporting requirements.

Insights • May 10, 2017

36 Jackson Walker Attorneys Named to “Texas Super Lawyers – Rising Stars” List

Jackson Walker is proud to congratulate its 36 attorneys who were named to Thomson Reuters’ 2017 “ Texas Super Lawyers – Rising Stars” list.

Attorney News • March 8, 2017

Jackson Walker Announces Ten New Partners

Jackson Walker announces the election of ten attorneys to the firm’s partnership.

Attorney News • February 14, 2017

More Attorney News

Spotlight

Ben has given numerous presentations regarding environmental and pipeline regulations, and in July of 2015, he gave a presentation titled, “GHG Regulation and the Politics of Climate Change for the Oil and Gas Industry,” which was published in the 61st Annual Rocky Mountain Mineral Law Institute.

Environmental Permitting and Regulatory Compliance

• Advised a major oil and gas production company regarding multiple environmental audits under the Texas Environmental, Health, and Safety Audit Privilege Act covering upstream and midstream oil and gas facilities located in the Permian Basin and Eagle Ford Shale.
• Assisted client in removing unwarranted violations and significantly reduce penalties assessed by MSHA.

Environmental Due Diligence

• Conducted environmental due diligence for over 3,000 MW of wind energy electric generation.
• Assisted with environmental due diligence and permitting relating to a major corporate reorganization of one of largest electric energy providers in the U.S.

FERC Compliance – Open Seasons, Tariffs, Petitions for Declaratory Orders

• Assisted multiple clients to prepare and conduct successful open seasons and petitions for declaratory orders.
• Assisted client in conducting environmental, pipeline safety, FERC compliance audit of major interstate liquids pipeline.