Michael J. Nasi
Mike Nasi is a partner with Jackson Walker LLP where he practices environmental and energy law. Mike has been practicing before state and federal environmental and energy agencies and appellate courts for 26 years.
Mike’s compliance counseling, permitting, and enforcement defense work spans a wide range of federal and state energy and environmental regulatory programs. He is counsel for electric generation, mining, and oil and gas interests in state, regional and national litigation and policy initiatives and coordinates multi-state outreach and legislative efforts.
Mike is invited to testify as an expert at hearings and energy policy events across the country, and is published in several trade journals on environmental and energy law. He serves as the Director of “Life:Powered” – a national energy education initiative and as Special Counsel to the Southern States Energy Board (SSEB) and Wyoming’s Energy Policy Network (EPN) and as an advisory board member for North Dakota’s Environmental Research Center (EERC) and as a visiting instructor at the University of Texas School of Law in Austin and Rice University in Houston.
Mike is a Past Chairman of the State Bar of Texas Environmental and Natural Resources Law Section, is consistently recognized on several “Best Lawyer” lists, and was awarded the Law 360 “Energy and Environmental Trailblazer Award” for his leadership on innovative energy project development. Mike is also active in his church and community, including as the immediate past-Chairman of the Central Texas Salvation Army Advisory Board and as a Board Member for other local nonprofit organizations, including the West Austin Youth Association (WAYA).
Mike has been a central player in the development of incentives and initiatives promoting the capture, utilization, and sequestration of carbon dioxide, including:
- In Washington D.C., Mike has an active and ongoing practice before the EPA, DOE, FERC, and DOI and Mike serves as a resource expert in policy briefings in the West Wing, on Capitol Hill, at the Department of Energy, and in his capacity as a member of the National Rural Electric Cooperative Association (NRECA) Environmental Policy Council. His leadership on CCUS EOR policy development includes his participation in senior DOE policy retreats and his active role in the drafting of a series of recently-issued NCC reports produced as part of his appointment by the Secretary of Energy to the National Coal Council.
- In Texas, as General Counsel to the Clean Carbon Technology Foundation of Texas, Mike assisted state officials in the drafting and passage of several pieces of legislation over 11 years which led to the most comprehensive CCUS incentive package in the nation the successful development and operation of the largest CCUS EOR project in the world – the Petra Nova Project in Thompsons, Texas. He is also involved in early stage development of multiple additional CCUS projects in the Lone Star State and serves on the Texas Commission on Environmental Quality Pollution Control Tax Exemption Advisory Committee as an appointed member representing the CCUS technology sector.
- In North Dakota, Mike has played a significant role in the development of law and policy relating to CCUS and EOR in his capacity as counsel to the Lignite Energy Council (LEC) and with his appointment to the Advisory Board of the Energy and Environmental Research Center (EERC). He is also involved in early stage development of a CCUS project in North Dakota.
- In Wyoming, Mike Nasi has been active in the development of CCUS and EOR policy with state officials, including the Wyoming Infrastructure Authority (WIA) and their Integrated Test Center (ITC) and as a member of the Advisory Board of the Energy Council’s Center for Legislative Energy & Environmental Research. He is also involved in early stage development of a CCUS project in the Wyoming.
- In New Mexico, as counsel to both utility and mining interests in the State, Mike is involved in the early stage development of a CCUS project in the Four Corners region of the State.
- In Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi, Missouri, North Carolina, Oklahoma, South Carolina, Tennessee, Virginia, and West Virginia, in his role as Special Counsel to the Southern States Energy Board (SSEB)(of which all these states are members), Mike has participated in briefings, legislative hearings, and regulatory proceedings in support of CCUS EOR policy and technological development. SSEB, in conjunction with the Southeastern Regional Carbon Sequestration Partnership (a.k.a. SECARB), facilitated the Plant Barry pilot scale development of the amine-based carbon capture technology later deployed at commercial scale at Petra Nova. This also involved close coordination of the 10-year carbon sequestration measuring, monitoring, and verification (MMV) pilot project administered by SSEB and SECARB, which further enhanced Mike’s expertise as it relates to technical and legal issues associated with the Section 45Q tax credit.
B.A., University of Texas at Austin
J.D., University of Houston Law Center
United States Supreme Court
United States Court of Appeals for the District of Columbia Circuit
United States District Court for the Northern District of Texas
Mike secures air, water, and waste environmental permits for and is active in state and federal policy development on behalf of the electric power generation, mining, steel manufacturing, recycling, and other energy and infrastructure clients. Among his many areas of environmental regulatory experience are the following:
- Carbon Trading and Carbon Capture and Utilization (CCUS)
- State and Federal Clean Air Act issues, including Preconstruction and Operating Permits
- Clean Water Act (CWA) permitting, including NPDES discharge permits and water quality standards development
- Underground Injection Control (UIC) Well Permitting.
- Endangered Species Act Issues, including incidental take permitting
- State and Federal Solid Waste Disposal Act Permitting & Remediation
- State and Federal Environmental Enforcement
- Environmental Audits
- Brownfields Redevelopment, including risk-based remediation
Mike is counsel for rural electric cooperatives, mining companies, and other electric generation interests in ongoing EPA proceedings and appeals pending before the D.C. Circuit Court of Appeals and the Supreme Court of the United States, including recent successes relating to the Mercury & Air Toxics Standards (MATS), the Cross State Air Pollution Rule (CSAPR), and EPA’s “Clean Power Plan.”
As a result of his involvement in the creation of several hundreds of millions of financial incentives for carbon capture and utilization (CCUS), in 2015, Mike was named to the National Law Journal’s inaugural list of 50 Energy & Environmental Trailblazers. He was featured in the Journal’s April 27, 2015, issue.
- Chambers USA: America’s Leading Lawyers for Business
- Ranked for Environment – Texas, 2003-2006, 2011-2021
- The Best Lawyers in America (Woodward/White Inc.), 2006-2022
- Lawyer of the Year – Austin, Environmental Law, 2021
- Energy Law, 2006-2022
- Energy Regulatory Law, 2006-2022
- Environmental Law, 2006-2022
- Mining Law, 2021-2022
- Lawdragon 500 Leading Environmental & Energy Lawyers – Environment & Energy, 2021
- Who’s Who Legal: Texas, Environment, 2016, 2019
- Energy & Environmental Trailblazer, National Law Journal, 2015
- Featured in the National Law Journal, 2015
- Who’s Who in Energy, Austin Business Journal, 2013
- Top 10 Environmental Attorneys in America Under 40, Environmental Law 360, 2010
- Who’s Who Texas – Environmental Law
- “Super Lawyer,” Super Lawyers (Thomson Reuters), 2012-2020
- “Rising Star,” Super Lawyers (Thomson Reuters), 2005, 2010
- “The Affordable Clean Energy (ACE) Rule: The Latest “Trump” Card,” Life:Powered (June 2019)
- “EPA Proposes New Source Performance Standards for New Coal-Fired Power Plants,” Jackson Walker Insights (December 2018)
- “EPA Proposes to Revise Significant Aspects of Methane Rule,” Jackson Walker Insights (September 2018)
- “Pruitt is right for the EPA,” The Washington Times (January 2018)
- “Advancing Innovation with CCUS Hubs: A Case Study of Houston, Texas,” U.S. Department of Energy-NARUC Coal Modernization and Carbon Management Partnership (April 2022)
- “CCUS Policy and Policymaking,” RECS 2021 (December 2021)
- Keynote Speaker, “The Texas Blackout and Building Reliable Energy Systems,” NEI International Uranium Fuel Seminar (November 2021)
- “Legislative Response to Winter Storm Uri,” University of Texas School of Law Gas and Power Institute (October 2021)
- “Texas Electricity Market Reforms Update,” National Coal Transportation Association Conference (September 2021)
- “Legislative Scorecard: What Was Enacted and What Work Remains,” The Texas Energy System at the Crossroads: Lessons in the Wake of Major Storms (July 2021)
- “ESG and the Near Term Impact to the Energy Industry,” Jackson Walker and Echo Production Webinar (June 2021)
- Keynote Speaker, “How CCUS Will Be an Essential Component of Maintaining Power Market Reliability as Decarbonization Efforts Pursue Accelerated Integration of Intermittent Wind and Solar Plants,” Midland CO2 Conference (December 2020)
- “Environmental Challenges and Impacts on Energy Infrastructure,” UT Law CLE’s Hot Topics in Gas and Power webcast (December 2020)
- “Financial Incentives and Investment Efforts,” WIEB + NARUC Carbon Capture, Utilization & Storage Workshop Series (September 2020)
- “Recent Developments in the Oil, Gas, and Power Sectors,” The Energy Council’s Executive Committee and CLEER Board of Directors Meeting (September 2020)
- “Clean Air Act Overview,” EUCI’s Environmental Law & Litigation 101 for Electric Utilities Course (September 2020)
- Speaker, 2020 Rocky Mountain Coal Mining Institute (RMCMI) Annual Conference Rocky Mountain Coal Mining Institute (August 2020)
- “States’ Response to ACE,” The Energy Council’s 2020 Federal Energy and Environmental Matters Conference (March 2020)
- “Coal Ash Storage and Disposal: Liability Issues for Utilities, Recent State Legislation,” Strafford CLE Webinar (August 2019)
- “The Affordable Clean Energy (ACE) Rule,” The Federalist Society Teleforum (August 2019)
- “Energy Market & Regulatory Overview,” Wyoming Infrastructure Authority Spring Energy Conference (March 2019)
- “Federal Coal Policy and Regulation,” The Energy Council’s Federal Energy & Environmental Matters Conference (March 2018)
- “New Sheriff in Town – Regulatory Forecast,” TexasBarCLE 35th Annual Advanced Oil, Gas and Energy Resources Course (September 2017)
- “Energy Under Trump: Impacts of the 2017 Election,” State Bar of Texas Public Utility Law Section Annual Meeting and Seminar (August 2017)
- “A Whole New World: CCR Regulation in the Wake of New Legislation from Congress and a New President,” EUCI Coal Combustion Residuals Conference (March 2017)
In the News
- “Oil and gas cleanups are on Biden’s agenda. Will Texas embrace it?” Texas Tribune (February 2021)
- “Texas’ move to control coal ash pollution could shield industry from tougher rules under Biden-led EPA,” The Texas Tribune (December 2020)
- “Daily on Energy, Presented by Citizens for Responsible Energy Solutions: Fossil-Heavy States Try to Get Ahead of Biden and SCOTUS With Power Plant Carbon Plans,” Washington Examiner (October 2020)
- “Trump plan to prop up coal industry could have little impact in Texas,” Austin American-Statesman (August 2018)
- “US fossil fuels target global energy poverty, climate change in new PR push,” S&P Global Platts (August 2018)
- “The Uncertain Fate of the Clean Power Plan and the Future of Electricity in Texas,” Texas Monthly (March 2017)
- State Bar of Texas – Environmental and Natural Resources Law Section, Past Chairman
- TCEQ Pollution Control Property Tax Exemption Advisory Committee, Appointed Member
- H2O for Texas, Secretary
- Travis County Bar Association
- Austin Bar Association
- American Bar Association Section of Environment, Energy and Resources
- The Salvation Army – Central Texas Advisory Board, Chairman
- West Austin Youth Association, Board Member
- Sustainable Biodiesel Alliance, Board Member
- Lone Star Clean Fuels Alliance, Board Member