Oil & Gas 2026

Last Updated August 06, 2026

USA

Law and Practice

Author



Mitby Pacholder Johnson PLLC combines seasoned commercial trial lawyers, licensed patent attorneys and an award-winning general counsel to attack complicated legal issues and business disputes head-on. The firm has attorneys with deep experience navigating the complex legal landscape of the energy and oil and gas sectors, particularly for clients in Texas, as well as the chemicals, technology, construction, real estate development, and healthcare, medical and pharmaceutical sectors. They also deal with insurance coverage disputes. The team understands that the highly nuanced field of oil and gas litigation requires not only a thorough understanding of the industry but also a sharp focus on detail and the ability to craft effective strategies that lead to fair and just outcomes for clients.

The following contribution featured in Oil & Gas 2025 and is awaiting update from the firm.

In the USA, private ownership of oil and gas resources is the norm. In many states, the mineral estate is distinct from the surface estate, which means that the right to drill for and exploit hydrocarbons may be sold, transferred or inherited separately from the land itself. Large oil and gas-producing states such as Texas, Oklahoma, Louisiana, Wyoming and Alaska recognise separate surface and mineral estates. Because the mineral estate is dominant, the law grants mineral owners a right of reasonable access to the land to develop underground resources.

Although there are no restrictions on private ownership of oil, gas and other minerals, the federal government – through the Bureau of Land Management (BLM) – owns more than 700,000 acres of minerals. The BLM leases some of that acreage to private oil and gas companies for development.

The Department of the Interior regulates oil and gas production on federal and some Native American tribal lands, as well as offshore operations on the Outer Continental Shelf. The federal Environmental Protection Agency (EPA) enforces air and water quality regulations that affect oil and gas production. The Bureau of Safety and Environmental Enforcement enforces environmental regulations applicable to offshore drilling in federal waters. The Federal Energy Regulatory Commission (FERC) regulates the interstate transportation of natural gas and oil through pipelines.

State agencies also have regulatory responsibilities for oil and gas exploration. In Texas, for example, the Railroad Commission (initially created to oversee railroads) regulates the drilling, operation and plugging of oil and gas wells, and oil and natural gas pipelines within the state and remediation of abandoned well sites. The Texas Commission on Environmental Quality enforces state regulations related to air and water quality.

In the USA, oil and gas companies are privately owned.

Upstream

At the federal level, the Mineral Leasing Act of 1920 governs the leasing and development of oil and gas resources on federal lands, and the Outer Continental Shelf Lands Act regulates offshore development on the Outer Continental Shelf. The National Environmental Policy Act requires federal agencies to assess the environmental impacts of oil and gas leases on federal land. The Federal Oil and Gas Royalty Management Act governs lease and royalty agreements for development on federal lands. State law generally governs the sale, transfer and inheritance of mineral ownership on private land. States also regulate oil and gas development on private land by issuing drilling permits, regulating oil and gas wells, and balancing the rights of different operators operating in the same area.

Midstream

At the federal level, the Natural Gas Act of 1938 gives FERC the authority to regulate the interstate transportation of natural gas, including approving pipeline construction and setting rates. The Interstate Commerce Act grants FERC authority to regulate rates for interstate oil pipelines. The Department of Transportation (DOT) regulates pipeline safety. At the state level, state authorities regulate pipeline capacity and intrastate transportation. Some states (such as Texas) also require gas-gathering companies to purchase natural gas from all producers in a non-discriminatory manner.

Downstream

The Energy Policy and Conservation Act established the Strategic Petroleum Reserve, a federal emergency stockpile of oil, and sets energy efficiency standards. The Clean Air Act mandates fuel standards. The Petroleum Marketing Practices Act regulates petroleum supply contracts and the relationship between refiners and franchised gasoline retailers. States generally regulate retail gasoline and fuel oil sales as well as public utilities, and states have their own regulatory systems for environmental quality.

Private investment in the exploration and production of oil and gas includes working interests, royalty interests and mineral rights. Working interest owners share in the revenue and expenses of oil and gas production, bearing operational risks such as the cost of drilling and production. Royalty interest owners receive a percentage of the revenue from production without bearing any operational costs or risks. For that reason, royalty interests typically offer lower returns than working interests. Owners of mineral rights retain control over the subsurface estate and may grant leases to oil and gas companies in return for royalties. Companies and individuals may own these interests through a variety of business and investment entities, including corporations, limited liability companies, partnerships and trusts.

For privately owned minerals, oil and gas companies negotiate lease terms directly with the mineral estate owner. Those leases are subject to the law of the state in which the resources are located. For minerals located on federal land or offshore territory, the BLM or the Bureau of Ocean Energy Management hold competitive auctions for leases.

The financial terms of oil and gas leases normally include:

  • a one-time bonus payment upon signing based on the acreage of the lease; and
  • a royalty calculated as a share of revenues that ranges from the traditional rate of 12.5% up to 25% or more for highly competitive markets.

The terms of BLM leases include annual per-acre payments and a minimum royalty of 16.67%.

Upstream producers pay four primary types of taxes. First, they pay federal and state income tax on profits. The federal corporate tax rate is currently about 21%. Second, they pay state severance taxes based on the volume of production. In Texas, the severance tax rate is 4.6% of the market value of oil and 7.5% of the market value of gas. Third, producers pay state property taxes based on the estimated value of their mineral rights, equipment, and infrastructure. Fourth, producers pay a federal environmental tax based on the amount of oil and gas they extract. The current rate is about USD0.254 per barrel.

The USA does not have a national oil or gas company.

In the USA, state authorities typically regulate permitting, well spacing and density, air and groundwater pollution, production and reporting, plugging and abandonment requirements, and royalty payments for state-owned land. The Texas Railroad Commission (TRC), for example, issues drilling permits, determines the allocation of oil and gas among well operators in the same area, and makes permitting and spacing requirements. The TRC also imposes recording requirements on producers. The Texas Commission on Environmental Quality enforces air and water pollution standards.

Local governments have authority over zoning, traffic, siting and setback requirements. Because most oil and gas production takes place in rural areas, those rules are usually less important than state regulation.

Drilling on private land is primarily regulated at the state level. Regulatory bodies such as the TRC or California’s Geologic Energy Management Division issue drilling permits that specify the location, depth and planned drilling methods for a well. States also regulate casing and cementing requirements to ensure well integrity and protect aquifers. Operators must comply with ongoing reporting requirements and often post bonds to cover the cost of plugging and abandonment after a well is decommissioned. The federal government imposes similar requirements on wells drilled on federal land or offshore.

The key terms of private oil and gas leases include:

  • the primary and secondary terms;
  • the upfront payment;
  • the royalty rate; and
  • shut-in royalties and other protections for landowners.

The primary term is the first phase of the lease, under which an oil company typically has three to five years to begin drilling. If the oil company does not begin producing during that period, the lease expires. The secondary term often continues if the lease is producing in paying quantities – meaning that the wells produce more income than the cost of extraction. As noted in the foregoing, leases often include an upfront payment calculated on a per-acre basis and a royalty rate that ranges from 12.5% to 25% or more. Shut-in royalties are a protection for landowners that require the oil company to pay royalties even if the well is not producing on a temporary basis. Of course, parties are free to modify the terms of an oil and gas lease at will to provide greater or lesser protections for the lessor and lessee.

Transfers of interests in private oil and gas leases and assets are normally governed by state real property and contract law. Transfers of lease interests on federal land or federal waters are controlled by the BLM or the Bureau of Ocean Energy Management.

States frequently set monthly or daily limits on production from private oil and gas wells, impose allocation requirements and regulate production to prevent waste. The federal government sets similar rules for federal land and offshore production. The USA is not a member of the Organization of the Petroleum Exporting Countries (OPEC) and does not adhere to OPEC production quotas.

In the USA, the vast majority of pipelines, refineries and storage facilities are privately owned. The US government owns very limited pipeline and storage infrastructure to support the Strategic Petroleum Reserve, the US government’s emergency supply of oil, which is stored in salt caverns along the Gulf Coast. Despite being privately owned, pipelines are subject to common carrier regulations and generally must transport oil and gas based on a published tariff on a non-discriminatory basis.

There are no national monopolies involved in any downstream operations in the USA.

No response has been provided in this jurisdiction.

No response has been provided in this jurisdiction.

No response has been provided in this jurisdiction.

The USA does not have a national oil or gas company.

No response has been provided in this jurisdiction.

No response has been provided in this jurisdiction.

Pipeline operators that are common carriers (meaning that they must transport oil and gas for the public under a published tariff and on a non-discriminatory basis) have condemnation and eminent domain rights. That means they have the legal right to take private property, generally in the form of an easement, for an underground pipeline. To exercise those rights, the pipeline operator must show necessity, pay market-based compensation and negotiate protections to protect the landowner. Landowners typically have limited rights to object to pipeline easements.

FERC regulates the rates and practices of interstate oil and gas pipelines. The DOT regulates pipeline safety, and the EPA has jurisdiction over pollution and waste management. States regulate intrastate pipeline transportation and safety. For example, in Texas, the Railroad Commission regulates rates and the Texas Commission on Environmental Quality oversees pollution and contamination.

Pipelines are typically common carriers and must transport oil and gas for the public according to a published tariff, and in a non-discriminatory manner. Refineries and storage facilities, however, rely on private contracts with upstream producers, and their prices and practices are not subject to common carrier regulation. FERC and federal antitrust laws restrict the bundling of services by pipelines. For example, FERC Order No 636 (1992) required natural gas pipelines to unbundle their sales services.

The federal government regulates imports and exports of oil and gas into the US market, but there are very few restrictions on sales within the USA. Under the interstate commerce clause of the US Constitution, states are not permitted to discriminate against out-of-state sales. Retail gasoline and diesel sales are taxed by the federal government, and the transportation and sale of petroleum and natural gas is heavily regulated at the federal and state level.

Since legislation authorising crude oil exports was enacted in 2015, a licence is generally not required for most crude oil exports. The Department of Energy, however, must authorise exports and imports of natural gas under the Natural Gas Act of 1938. However, oil and gas exports and imports involving certain countries such as Iran, Venezuela, and Russia, are prohibited or restricted by sanctions applicable to those countries.

Midstream and downstream assets are primarily transferred in private market transactions. Natural gas pipeline systems are subject to federal regulatory approval by FERC. Oil pipeline transfers do not require federal approval but typically require state permits.

Foreign investment in the oil and gas sector is not normally restricted. However, the Mineral Lands Leasing Act of 1920 limits foreign acquisition of leases or rights-of-way on federal lands, including those for oil, gas and pipelines. Certain foreign investments can trigger review by the Committee on Foreign Investment in the USA for national security concerns, and the Office of Foreign Assets Control can prohibit transactions based on US sanctions. Foreign investors generally have the same rights and legal protections as their domestic counterparts, including Fifth Amendment protection against “takings” and access to US courts to enforce their rights.

The USA has imposed oil and gas-related sanctions on Iran, Russia and Venezuela. US sanctions on Iran have targeted nearly 100 individuals, entities and vessels that participate in Iran’s petroleum industry, as well as Chinese entities involved in shipping Iranian oil. The USA has also sanctioned “shadow fleet” vessels used for covert shipments of Iranian oil. US sanctions on Russia focus on major Russian producers such as Gazprom Heft and Surgutneftegas, along with “shadow fleet” vessels used to transport Russian oil. US sanctions on Venezuela include direct sanctions as well as a 25% tariff on goods imported from any country that purchases Venezuelan oil.

The oil and gas industry is heavily regulated. The EPA oversees environmental regulations related to air quality, water quality and waste management under various federal statutes. FERC regulates the interstate transmission of electricity, natural gas and oil, including interstate pipelines and liquified natural gas (LNG) terminals. The Department of the Interior manages oil and gas development on federal and Indian lands, as well as offshore on the Outer Continental Shelf. The DOT oversees pipeline safety. State agencies also play a key role. In Texas, the Railroad Commission regulates the exploration, production and transportation of oil and natural gas within Texas, and the Texas Commission on Environmental Quality regulates air and water quality.

To commence a major hydrocarbon project, companies must satisfy extensive environmental obligations, primarily by conducting an environmental impact assessment and securing multiple permits from state and federal regulators. Permits may be needed for air, water and waste management impacts. In some cases, bonds or other security are required for future decommissioning requirements. For projects on public land, additional permits and leases are required.

No response has been provided in this jurisdiction.

The Bureau of Safety and Environmental Enforcement, the Bureau of Ocean Energy Management, the EPA and the US Coast Guard regulate offshore oil and gas activity based on worker safety and environmental protection.

In 2023 and 2024, the EPA announced final rules designed to reduce methane emissions from oil and gas operations as part of an overall greenhouse gas reduction programme. The new rules include a waste emissions charge on methane emissions. The EPA also implements programmes to reduce conventional air pollutants from power plants, including those that utilise oil and gas.

Most oil and gas regulation is at the federal or state level. Although local governments traditionally have authority over certain land use requirements and zoning, localities have little authority over oil and gas development, and some states have laws that specifically pre-empt local regulation of oil and gas.

The Trump administration and Congress have rolled back incentives for transitioning to alternative energy sources such as wind and solar, focusing more heavily on traditional oil and gas. A similar trend is taking place at the state level, with some states (such as Texas) providing incentives for traditional oil and gas as opposed to alternative energy sources.

No response has been provided in this jurisdiction.

The current trend at the federal and state levels is to focus on energy dominance through traditional oil and gas. Energy transition has been de-emphasised and is in the process of being defunded.

No response has been provided in this jurisdiction.

No response has been provided in this jurisdiction.

No response has been provided in this jurisdiction.

No response has been provided in this jurisdiction.

Mitby Pacholder Johnson PLLC

1001 McKinney Street
Suite 925
Houston
TX 77002
USA

+1 713 234 1446

info@mitbylaw.com www.mitbylaw.com
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Trends and Developments


Authors



Vinson & Elkins LLP has 14 offices across the globe and approximately 700 lawyers. Clients include many of the leading independent oil and gas companies, renewables firms, and private equity firms such as Mitsubishi Corporation, EnCap Investments, Continental Resources, and Global Infrastructure Partners. The firm’s experience in the oil and gas sector includes the purchase, sale, development, and financing of assets and projects, with deep knowledge of relevant regulatory and technical complexities. The firm’s clean energy practice advises clients on energy transition and decarbonisation transactions spanning battery storage, wind, solar, biofuels and renewable natural gas, CCS/CCUS, hydrogen and ammonia, and other emerging technologies. Some recent work includes advising Mitsubishi Corporation in its USD7.5 billion acquisition of Aethon Energy Management’s Texas and Louisiana shale production and infrastructure assets (pending), and advising Vital Energy in its USD3.1 billion acquisition by Crescent Energy Company.

Rising power demand, continued LNG expansion and renewed geopolitical uncertainty have reshaped energy markets since 2025, influencing both commodity prices and investment activity across the sector. While these developments have affected commodities differently, they have collectively increased investor focus on supply reliability, energy security and long-term demand growth. Crude oil prices came under pressure during 2025 due in part to concerns regarding global tariffs and broader market uncertainty, but market conditions have since shifted. Rather than facing continued downward pressure, oil markets have experienced renewed price volatility alongside evolving geopolitical developments. At the same time, greater attention has been placed on the importance of stable US oil and natural gas production.

Recent geopolitical events, including the conflict involving Iran, have reinforced the importance of reliable energy supply, supply-chain resilience and diversified energy sources, underscoring the strategic role of US oil and natural gas production. Concerns regarding potential disruptions to key energy transportation routes, including the Strait of Hormuz, have contributed to renewed focus on supply security and the value of diversified sources of oil and natural gas. Stronger pricing, however, has not translated into broad production growth, as operators continue to favour measured development activity over aggressive expansion.

Oil markets have largely recovered from the pricing pressure experienced in early 2025, although drilling activity remains relatively restrained. Despite stronger commodity pricing, US drilling activity remained measured, with the total US rig count reaching 551 rigs as of 15 May 2026 and remaining below prior-year levels. This indicates that operators remain focused on efficiency, shareholder returns and measured development activity rather than broad production growth.

That discipline has also influenced transaction activity across the sector. While prior years were characterised by large-scale consolidation focused primarily on Permian Basin inventory and scale, buyers have adopted a more selective approach, placing greater emphasis on access to key assets and markets, existing production and assets connected to LNG development and rising electricity demand. US upstream M&A activity reached approximately USD38 billion during the first quarter of 2026, representing the strongest quarterly performance in two years, although activity slowed in March amid increased oil price volatility. Transactions including Devon Energy’s approximately USD26 billion merger with Coterra Energy and Mitsubishi Corporation’s acquisition of Aethon Energy demonstrate sustained interest in large-scale production platforms, natural gas assets and regions connected to LNG and power generation markets.

Although oil market conditions improved relative to 2025, investor attention has remained focused on natural gas and related infrastructure rather than returning to primarily oil-focused growth strategies. Rising electricity demand and expanding natural gas export markets have reinforced that shift.

The United States has maintained its position as the world’s largest LNG exporter and, in 2025, became the first country to export more than 100 million metric tonnes of LNG in a single year, reaching approximately 111 million metric tonnes compared to 88.4 million metric tonnes in 2024. US LNG exports averaged approximately 15.0 Bcf/d in 2025, with additional growth expected as liquefaction and related infrastructure projects advance.

Although natural gas markets continue to experience periods of pricing volatility, investor interest in gas-weighted assets has remained broadly consistent. At the same time, investors appear increasingly focused on infrastructure access, contracted revenue streams and opportunities linked to LNG development and rising electricity demand rather than commodity exposure alone.

As a result, transaction activity across the upstream, midstream and downstream sectors has favoured natural gas production, LNG infrastructure, power generation assets and other investments positioned to benefit from long-term demand growth, supply security considerations and increasing electricity consumption.

Energy companies continue to pursue strategic M&A activity focused on natural gas demand and supporting infrastructure.

Upstream

Recent deals demonstrate continued interest beyond the Permian Basin

Growing natural gas demand has shifted attention beyond the Permian Basin and towards gas-rich regions such as Appalachia and the Haynesville Shale. Transaction activity reflects that shift, with buyers pursuing assets positioned to serve export facilities and expanding power markets.

One of the most significant transactions in early 2026 was Mitsubishi Corporation’s deal to acquire Aethon Energy, a major natural gas producer with operations concentrated in the Haynesville Shale. The transaction underscores the appeal of Haynesville assets, whose proximity to Gulf Coast LNG facilities positions the basin as an important source of supply for expanding export markets. Similarly, Devon Energy’s approximately USD26 billion merger with Coterra Energy reflects sustained interest in natural gas assets alongside more traditional consolidation objectives.

Additional activity in the Haynesville highlights the basin’s importance to LNG-related demand. In February 2026, JERA Co. completed its approximately USD1.5 billion acquisition of the South Mansfield asset in Louisiana. The transaction marked JERA’s first direct investment in US shale gas production and reflects growing international interest in securing natural gas supplies connected to Gulf Coast LNG export facilities.

Recent acquisitions demonstrate the value buyers continue to place on assets located near LNG facilities and major sources of power demand. While production growth remains important, transaction activity increasingly appears focused on securing access to key end markets and infrastructure positioned to benefit from long-term demand trends.

The ongoing focus on Appalachia, the Haynesville and other gas-rich regions demonstrates that the move beyond purely Permian-focused consolidation remains intact. As LNG exports expand, electricity demand rises and concerns regarding energy reliability persist, assets with access to established infrastructure and end markets are likely to remain attractive acquisition targets.

Private capital and long-term investors

Private capital continues to play a significant role in energy investment, although investor priorities have evolved alongside changing market conditions. Private equity fundraising had begun recovering after several years of decline, with investors targeting income-producing energy assets and opportunities tied to rising natural gas demand. That focus has broadened beyond traditional upstream investments.

Capital is increasingly being deployed across LNG infrastructure, power generation, storage assets and other facilities needed to support growing electricity demand. For example, Commonwealth LNG recently reached a final investment decision supported by approximately USD21.25 billion of equity and debt commitments from a diverse group of investors, including Kimmeridge, Mubadala Energy, CPP Investments, BlackRock-managed funds and Ares Infrastructure Opportunities. The project reflects strong investor interest in long-term energy infrastructure assets supported by contractual cash flows and growing global demand.

Beyond traditional private equity sponsors, pension funds, sovereign investors and other long-duration sources of capital are playing a larger role in energy investments. These investors are often attracted to opportunities that offer long-term value creation, stable cash flows and exposure to durable energy demand trends. Investor interest increasingly extends beyond upstream production assets to LNG infrastructure, power generation and other assets positioned to benefit from expanding energy consumption. Private infrastructure investors are also pursuing opportunities linked to rising electricity demand and energy reliability.

These investments indicate that long-term investors continue to view energy assets linked to reliability, infrastructure and growing demand as attractive opportunities. However, current investment activity is increasingly concentrated in infrastructure, reliability-focused assets and businesses positioned to benefit from growing electricity demand, LNG development and broader supply-security considerations rather than production growth alone.

International buyers continue expanding US exposure

International interest in US natural gas assets remains strong. Buyers from outside the United States continue seeking exposure to US natural gas production, LNG assets and long-term energy supply opportunities.

One notable example is Mitsubishi Corporation’s acquisition of Aethon Energy, which will expand the company’s exposure to the Haynesville Shale, one of the most important natural gas basins supporting Gulf Coast LNG exports. In addition, Mubadala Energy has expanded its presence in the US natural gas value chain through its investment in the Caturus platform and Commonwealth LNG project. These transactions reflect sustained international interest in assets positioned to benefit from growing global demand for natural gas and LNG.

Other transactions further illustrate international interest in US energy assets. In February 2026, Harbour Energy completed its approximately USD3.2 billion acquisition of LLOG Exploration, marking its strategic entry into the US Gulf of Mexico. Earlier, TotalEnergies acquired a 49% interest in Continental Resources’ Anadarko Basin natural gas assets, further integrating its US natural gas production with its broader LNG value chain. Similarly, JAPEX invested approximately USD1.3 billion in oil and natural gas assets in Colorado and Wyoming, reflecting a broader trend of international companies seeking direct exposure to US production and infrastructure opportunities.

International interest extends beyond upstream production. LNG infrastructure development remains active globally, with companies such as Tokyo Gas and Petronas pursuing investments in LNG and regasification infrastructure designed to strengthen supply reliability and support growing energy demand. These investments demonstrate that market participants continue to view LNG infrastructure as an important component of long-term supply-security strategies.

The continued participation of international buyers reflects the attractiveness of US natural gas assets not only because of resource quality, but also because of their role in supporting global LNG markets and broader energy-security objectives. Recent geopolitical developments, including the conflict involving Iran and ongoing concerns regarding global energy supply routes, have further underscored the importance of reliable and diversified energy supplies. As governments and market participants increasingly prioritise supply security and resilience, US natural gas production, LNG export capacity and supporting infrastructure are likely to remain attractive targets for international investment.

Midstream

Existing infrastructure remains a focus for investors

Midstream transaction activity remains robust as investors seek exposure to natural gas assets supporting LNG exports and rising electricity demand. In particular, investors continue to favour existing pipeline, storage and transportation systems supported by long-term contracts and established customer relationships.

One example is Kinder Morgan’s acquisition of the Monument Pipeline system serving the Houston metropolitan area for approximately USD505 million. The system provides transportation and storage services to gas utilities, LNG shippers and industrial customers and is supported by long-term take-or-pay contracts. Kinder Morgan noted that the acquisition complements its existing Texas natural gas pipeline network and provides additional contracted growth opportunities within the region.

Other transactions underscore investor interest in assets supporting LNG exports and expanding power markets. In October 2025, Williams acquired interests in Woodside Energy’s Louisiana LNG project, including an ownership interest in the LNG facility and the associated Driftwood Pipeline, directly linking pipeline infrastructure to one of the largest LNG export projects currently under development. Similarly, Targa Resources’ acquisition of Stakeholder Midstream expanded its position in natural gas gathering and processing assets serving key production regions.

Institutional investors have also remained active in the sector. KKR and CPP Investments announced an agreement to acquire a controlling interest in Sempra Infrastructure Partners, while ADIA retained its existing minority ownership interest. The transaction is expected to close in 2026 and highlights ongoing demand for large-scale energy infrastructure assets supported by long-term contractual cash flows and opportunities associated with LNG development.

Taken together, these transactions demonstrate the value investors continue to place on assets connected to LNG markets and growing sources of electricity demand. Buyers increasingly prioritise assets capable of generating stable cash flows while supporting long-term demand growth, rather than commodity exposure alone.

Downstream

Rising electricity demand continues to reshape downstream investment

Rising electricity demand associated with artificial intelligence, data centres and digital infrastructure has become a significant driver of energy investment. Utilities, power producers and investors are pursuing generation and infrastructure assets capable of supporting rapidly growing electricity needs.

Utility and power companies have moved to position themselves for that growth. In one of the largest power-sector transactions in recent years, Constellation announced its acquisition of Calpine Corp. for a net purchase price of approximately USD26.6 billion. The transaction combines Constellation’s nuclear generation fleet with Calpine’s natural gas generation assets, expanding the company’s ability to serve growing power demand associated with data centres and digital infrastructure. Similarly, NRG Energy completed its approximately USD12 billion acquisition of a portfolio of natural gas-fired generation assets, significantly increasing its generation capacity and exposure to rising energy demand.

These transactions reflect the view that reliable power generation will be a critical component of future economic growth. While much of the recent discussion has focused on natural gas demand associated with data centre development, investment activity is extending across the broader power value chain as companies seek to secure sufficient generation capacity to meet future needs.

Private capital has also remained active in the sector. Investors continue to pursue opportunities tied to power generation, storage and infrastructure supporting data centre development. Transactions involving generation assets and battery storage projects reflect growing recognition that rising electricity demand will require investment not only in new generation capacity, but also in the infrastructure necessary to maintain reliability and grid stability.

Recent geopolitical developments and heightened attention to supply security have further reinforced the importance of reliable power infrastructure. As data centre development, electrification and electricity demand accelerate, market participants are increasingly focused on ensuring sufficient generation, storage and transmission capacity to support long-term growth.

Conclusion

While oil market conditions remain attractive and appear promising over both the short and long term, investor attention remains focused on natural gas, LNG-related assets and opportunities positioned to benefit from rising electricity demand.

At the same time, supply security, reliability and growing electricity needs associated with data centre and digital infrastructure development are increasingly shaping investment decisions across the energy value chain. These trends have supported sustained M&A activity across the upstream, midstream and downstream sectors, with buyers placing greater emphasis on long-term demand growth, access to key markets and strategic positioning within evolving energy systems.

Recent geopolitical developments, including the conflict involving Iran, have reinforced the importance of supply resilience and diversified energy sources. As LNG exports expand and electricity demand continues to increase, energy companies, infrastructure investors and private capital providers are likely to remain focused on assets that support reliable energy supply, strengthen critical energy networks and provide exposure to long-term demand growth in both domestic and global markets.

More broadly, recent transaction activity suggests that investment decisions are increasingly being driven by access to infrastructure, reliability and end-market demand rather than commodity exposure alone. As power demand, LNG exports and energy security considerations continue to influence capital allocation decisions, assets positioned to support these trends are likely to remain central to energy investment and M&A activity in the years ahead.

Vinson & Elkins

845 Texas Avenue
Suite 4700
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USA

+1.713.758.4762

skuperman@velaw.com www.velaw.com/
Author Business Card

Law and Practice

Author



Mitby Pacholder Johnson PLLC combines seasoned commercial trial lawyers, licensed patent attorneys and an award-winning general counsel to attack complicated legal issues and business disputes head-on. The firm has attorneys with deep experience navigating the complex legal landscape of the energy and oil and gas sectors, particularly for clients in Texas, as well as the chemicals, technology, construction, real estate development, and healthcare, medical and pharmaceutical sectors. They also deal with insurance coverage disputes. The team understands that the highly nuanced field of oil and gas litigation requires not only a thorough understanding of the industry but also a sharp focus on detail and the ability to craft effective strategies that lead to fair and just outcomes for clients.

Trends and Developments

Authors



Vinson & Elkins LLP has 14 offices across the globe and approximately 700 lawyers. Clients include many of the leading independent oil and gas companies, renewables firms, and private equity firms such as Mitsubishi Corporation, EnCap Investments, Continental Resources, and Global Infrastructure Partners. The firm’s experience in the oil and gas sector includes the purchase, sale, development, and financing of assets and projects, with deep knowledge of relevant regulatory and technical complexities. The firm’s clean energy practice advises clients on energy transition and decarbonisation transactions spanning battery storage, wind, solar, biofuels and renewable natural gas, CCS/CCUS, hydrogen and ammonia, and other emerging technologies. Some recent work includes advising Mitsubishi Corporation in its USD7.5 billion acquisition of Aethon Energy Management’s Texas and Louisiana shale production and infrastructure assets (pending), and advising Vital Energy in its USD3.1 billion acquisition by Crescent Energy Company.

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