Michael J. Nasi

Mike is counsel for energy and infrastructure interests in state, regional and national litigation and policy initiatives including matters pending before several state and federal agencies and multiple Federal Circuit Courts of Appeals and the Supreme Court of the United States and on energy policy debate in state legislatures across the country.

Mike has been an expert witness and speaker at docketed hearings, legislative proceedings, energy policy events, and classrooms across the country, including invited briefings at the White House and the United Nations, and is published in several trade, law, and business journals on environmental and energy law.

Mike participates on advisory boards or as counsel for several state and regional energy research initiatives including the Wyoming Energy Agency (WEA), the Energy Policy Network (EPN), the University of North Dakota’s Energy & Environmental Research Center (EERC) Foundation Board, the Southern States Energy Board (SSEB), and the Energy Council Public Advisory Board (PAB).

Mike is a past Chairman of the State Bar of Texas Environmental and Natural Resources Law Section and served on the adjunct 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. Most recently, Mr. Nasi has assisted in an adjunct role in the University of Houston Center for Carbon Management in Energy (CCME), including as faculty for the Symposium entitled “Managing CCUS: Risks and Financing,” UH Energy 2022-2023 Critical Issues in Energy Symposium Series (December 2022).

Initially as an Assistant Attorney General on behalf of the State of Texas, and subsequently in the private sector both as a utility regulatory and environmental attorney, Mike’s entire legal career has involved electric generation issues. In addition to managing an extensive regulatory practice, he helps coordinate multi-state outreach efforts regarding regulatory policies and market rules impacting the electric power and mining sectors. It is based on this extensive industry and legal experience that Mike has been relied upon as an expert witness in legislative and regulatory proceedings across the country and in Washington D.C. relating to regulatory matters facing electric generation facilities.

• In Texas, Mike has served as the General Counsel of the Clean Carbon Technology of Texas (CCTFT) for nearly 20 years. In that role, they have worked with world-leading CCUS technology companies, power generators, and oil and gas and carbon sequestration experts to compile an extensive understanding of the policies that are needed to make CCUS achievable and developed, supported passage, and coordinated implementation of over 10 separate pieces of major CCUS legislation in Texas. This work led to the most comprehensive CCUS incentive package in the nation and the successful development and operation of the largest CCUS EOR project in the world – the Petra Nova Project in Thompsons, Texas, who Mike also represented as part of the regulatory team that paved the way to successful commissioning of the project. Nasi’s extensive experience gained in his work for the above-referenced Texas entities led to him being a multi-term appointment to the legislatively created Texas Commission on Environmental Quality (TCEQ) Pollution Control Technology Tax Exemption Advisory Committee.
• In Wyoming, Mike has been active in the development of CCUS and EOR policy with state officials, including the WEA and its predecessor, the Wyoming Infrastructure Authority (WIA), including at their Integrated Test Center (ITC) and as a member of the Policy Advisory Board of the Energy Council’s Center for Legislative Energy & Environmental Research. Nasi also represents individual companies pursuing CCUS projects in Wyoming.
• In North Dakota, Jackson Walker has played a significant role in the development of law and policy relating to CCUS and EOR in its capacity as counsel to the Lignite Energy Council (LEC) and with Mike Nasi’s appointment to the Advisory Board of the Energy and Environmental Research Center (EERC) Foundation. Mike also represents individual companies pursuing CCUS projects in North Dakota.
• 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 Nasi has participated in briefings, legislative hearings, and regulatory proceedings in support of CCUS 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 Mr. Nasi’s expertise as it relates to technical and legal issues associated with the Section 45Q tax credit.
• In Washington D.C., Jackson Walker has an active and ongoing practice before the EPA, DOE, and DOI, and Mike Nasi has often served as a resource expert in policy briefings in the West Wing, on Capitol Hill, at the DOE and in his capacity as a member of the National Rural Electric Cooperative Association (NRECA) Environmental Policy Council (EPC) and as Secretary of Energy-appointee to the National Coal Council (NCC). 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 reports on both CCUS and grid reliability issues.
• Mr. Nasi was awarded National Law Journal’s Energy & Environmental Trailblazer Award for his early work on carbon capture utilization and storage (CCUS) policy and projects.

• Chambers USA: America’s Leading Lawyers for Business, Ranked for Environment – Texas, 2003-2006, 2011-2023
• The Best Lawyers in America (Woodward/White Inc.), 2006-2024
  • Lawyer of the Year – Austin, Environmental Law, 2021
  • Energy Law, 2006-2024
  • Energy Regulatory Law, 2006-2024
  • Environmental Law, 2006-2024
  • Mining Law, 2021-2024
• Lawdragon 500 Leading Energy Lawyers, Environment & Energy, 2023
• Lawdragon Green 500: Leaders in Environmental Law, Environment & Energy, 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

Publications

• “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)

Speeches

• “Balancing New EPA Power Plant Emission Rules with Reliability Considerations: Clean Air Act Section 111 After EPA v. West Virginia,” National Association of Regulatory Utility Commissioners (NARUC) Summer Policy Summit (July 2023)
• Delivered witness testimony at the U.S. House Environment, Manufacturing, and Critical Materials Subcommittee hearing entitled “Clean Power Plan 2.0: EPA’s Latest Attack on America’s Electric Reliability” (June 2023)
• Featured Speaker at the Texas Public Power Association Environmental Committee Meeting (April 2023)
• “Basics of Bill Drafting,” Presented to the Austin Bar Association with Heath Armstrong (January 2023)
• “Texas Legislative and Regulatory Update,” 18th Annual Renewable Energy Law Institute (January 2023)
• “Managing CCUS: Risks and Financing,” UH Energy 2022-2023 Critical Issues in Energy Symposium Series (December 2022)
• 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)

Professional

• 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
• Instructor of the University of Houston Carbon Capture Utilization and Storage (CCUS) Executive Education Program
• Travis County Bar Association
• Austin Bar Association
• American Bar Association Section of Environment, Energy and Resources

Civic

• 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

• In Texas, Mike has served as the General Counsel of the Clean Carbon Technology of Texas (CCTFT) for nearly 20 years. In that role, they have worked with world-leading CCUS technology companies, power generators, and oil and gas and carbon sequestration experts to compile an extensive understanding of the policies that are needed to make CCUS achievable and developed, supported passage, and coordinated implementation of over 10 separate pieces of major CCUS legislation in Texas. This work led to the most comprehensive CCUS incentive package in the nation and the successful development and operation of the largest CCUS EOR project in the world – the Petra Nova Project in Thompsons, Texas, who Mike also represented as part of the regulatory team that paved the way to successful commissioning of the project. Nasi’s extensive experience gained in his work for the above-referenced Texas entities led to him being a multi-term appointment to the legislatively created Texas Commission on Environmental Quality (TCEQ) Pollution Control Technology Tax Exemption Advisory Committee.
• In Wyoming, Mike has been active in the development of CCUS and EOR policy with state officials, including the WEA and its predecessor, the Wyoming Infrastructure Authority (WIA), including at their Integrated Test Center (ITC) and as a member of the Policy Advisory Board of the Energy Council’s Center for Legislative Energy & Environmental Research. Nasi also represents individual companies pursuing CCUS projects in Wyoming.
• In North Dakota, Jackson Walker has played a significant role in the development of law and policy relating to CCUS and EOR in its capacity as counsel to the Lignite Energy Council (LEC) and with Mike Nasi’s appointment to the Advisory Board of the Energy and Environmental Research Center (EERC) Foundation. Mike also represents individual companies pursuing CCUS projects in North Dakota.
• 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 Nasi has participated in briefings, legislative hearings, and regulatory proceedings in support of CCUS 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 Mr. Nasi’s expertise as it relates to technical and legal issues associated with the Section 45Q tax credit.
• In Washington D.C., Jackson Walker has an active and ongoing practice before the EPA, DOE, and DOI, and Mike Nasi has often served as a resource expert in policy briefings in the West Wing, on Capitol Hill, at the DOE and in his capacity as a member of the National Rural Electric Cooperative Association (NRECA) Environmental Policy Council (EPC) and as Secretary of Energy-appointee to the National Coal Council (NCC). 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 reports on both CCUS and grid reliability issues.
• Mr. Nasi was awarded National Law Journal’s Energy & Environmental Trailblazer Award for his early work on carbon capture utilization and storage (CCUS) policy and projects.