Michael J. Nasi
Mike Nasi is a partner with Jackson Walker, where he practices environmental and energy law. Mike has been practicing before state and federal environmental and energy agencies and appellate courts for 28 years.
Mike’s compliance counseling, permitting, and enforcement defense work spans the following federal (and related state) programs: Clean Air Act, Clean Water Act, Solid Waste Disposal Act, Endangered Species Act, and National Environmental Policy Act. Mike is often asked to play a strategic planning role on behalf of his clients in the midst of large, complex project developments.
Mike is counsel for parties in ongoing EPA regulatory proceedings relating to carbon dioxide, interstate air quality, regional haze, and coal combustion residuals, including appeals pending before the United States Courts of Appeals for the Fifth, Eighth, Tenth, and D.C. Circuits, as well as the Supreme Court of the United States. Mike helps coordinate multi-state outreach efforts regarding these and other regulations impacting the electric power and mining sectors, appears at hearings and energy policy events across the country, and is published in several trade, law, and business journals on environmental law and energy policy topics.
Mike is a past Chairman of the State Bar of Texas Environmental and Natural Resources Law Section and serves on the faculty for Rice University’s “Leadership & Decision Making in the Energy Industry” course and as a guest lecturer in the “Energy Law & Policy” course at the University of Texas Law School.
Mike is consistently recognized on several “Who’s Who” and “Best Lawyer” lists and was recently awarded the “Energy and Environmental Trailblazer Award.” Mike is the Chairman of the Central Texas Salvation Army Advisory Board and is a Board Member for the West Austin Youth Association (WAYA).
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, 2011-2022
- The Best Lawyers in America (Woodward/White Inc.), 2006-2023
- Lawyer of the Year – Austin, Environmental Law, 2021
- Energy Law, 2006-2023
- Energy Regulatory Law, 2006-2023
- Environmental Law, 2006-2023
- Mining Law, 2021-2023
- 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)
- “Pruitt is right for the EPA,” The Washington Times (January 2018)
- “Texas Legislative and Regulatory Update,” 18th Annual Renewable Energy Law Institute (January 2023)
- Panel Moderator, “Governors Energy Caucus,” Southern States Energy Board (SSEB) Annual Meeting (August 2022)
- “Carbon Capture Utilization & Storage – Technology essential for an equitable energy path forward,” Presented at the United Nations (August 2022)
- “The EPA Transport Rule,” Joint Annual Briefing to Southern Legislative Leaders and Committee on Carbon Management Meeting (July 2022)
- “Potential Grid Reliability Impacts of the EPA Ozone Transport Rule Federal Implementation Plan,” The Energy Council’s 2022 State and Provincial Trends in Energy and the Environment Conference (June 2022)
- “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)
- “Update on State Government Responses to ESG,” Jackson Walker’s Covering All Aspects of ESG webinar (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
- “Q&A: Texas winter grid reliability still not guaranteed,” Argus Media (October 2022)
- “Grid bending, not breaking, during energy transition,” North Dakota News Cooperative (September 2022)
- “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
October 19, 2022Mentions
Michael Nasi spoke with Argus about challenges Texas and other midcontinent US energy markets face and how different states are trying to regulate the energy sector to keep utilities’ portfolios balanced and power reliable.
August 26, 2022Speaking Engagements
As Special Counsel to the Southern States Energy Board (SSEB), Mike Nasi will moderate a panel featuring South Carolina Governor Henry McMaster, Arkansas Governor Asa Hutchinson, and former Mississippi Governor Phil Bryant at the SSEB Annual Meeting on August 30, 2022.
August 18, 2022Attorney News
‘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.
August 1, 2022Speaking Engagements
At a high-level briefing for the Group of 77 and China, Mike Nasi joined a panel that addressed how the commercial-scale adoption of Carbon Capture Utilization and Storage (CCUS) can lower emissions of CO2 and assure global energy growth.
July 8, 2022Speaking Engagements
As Special Counsel to the Southern States Energy Board (SSEB), Michael Nasi will present “The EPA Transport Rule” at the Joint Annual Briefing to Southern Legislative Leaders and Committee on Carbon Management Meeting held in conjunction with the Southern Legislative Conference on July 9, 2022.
July 6, 2022Insights
By Michael Nasi, Jennifer Caughey, Taylor Holcomb, & Cody Vaughn
The United States Supreme Court held in West Virginia v. Environmental Protection Agency (No. 20-1530) that EPA may not rely upon Section 111(d) of the Clean Air Act to “force a nationwide transition away from the use of coal.” Citing the “major questions doctrine,” the Court explained that a Congressional delegation of “unprecedented power” requires a clear statement that is simply not present in the Clean Air Act.
June 1, 2022Spotlight
Chambers and Partners Recognizes Jackson Walker Attorneys and Practices in 2022 USA and Global Guides
Jackson Walker is pleased to announce that Chambers and Partners has selected 48 attorneys and 16 departments for inclusion in the 2022 edition of the Global and USA guides.
April 28, 2022Speaking Engagements
Michael J. Nasi joined Hon. Brent Bailey (Mississippi Public Service Commission), Mahak Agrawal (Columbia University Center on Global Energy Policy), and Charles McConnell (University of Houston Center for Carbon Management) for a panel discussion on “Advancing Innovation with CCUS Hubs: A Case Study of Houston, Texas.”
February 18, 2022Client Results
Jackson Walker Appellate Team Secures Precedent-Setting Victory in Texas Supreme Court for Major Texas Mine
On February 11, 2022, the Texas Supreme Court established critical precedent on administrative law principles and the faithful application of the law. Texas mine owner and operator Dos Repúblicas, represented by Appellate Practice Chair Jennifer Caughey and her team, prevailed.
December 13, 2021Speaking Engagements
Michael Nasi joined a panel discussion on “CCUS Policy and Policymaking” during the RECS 2021 program on December 6, 2021. Fellow panelists included Steven M. Carpenter, Ph.D. (Enhanced Oil Recovery Institute), Sallie Greenberg, Ph.D. (Illinois State Geological Survey – University of Illinois), and Michael Weiner (Van Ness Feldman LLP and Carbon Utilization Research Council).