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New Mexico court upholds emissions crackdown impacting oil, gas operations along Texas border

eyes on the west

Some of those counties affected include production hot spots within the San Juan Basin in northwestern New Mexico and the Permian Basin, which straddles the New Mexico-Texas line. Photo via Getty Images

The New Mexico Court of Appeals has upheld regulations aimed at cracking down on emissions in one of the nation’s top-producing oil and gas states.

The case centered on a rule adopted in 2022 by state regulators that called for curbing the pollutants that chemically react in the presence of sunlight to create ground-level ozone, commonly known as smog. High ozone levels can cause respiratory problems, including asthma and chronic bronchitis.

Democratic Gov. Michelle Lujan Grisham's administration has long argued that the adoption of the ozone precursor rule along with regulations to limit methane emissions from the industry were necessary to combat climate change and meet federal clean air standards.

New Mexico Environment Secretary James Kenney said the court's decision on Wednesday affirmed that the rule was properly developed and there was substantial evidence to back up its approval by regulators.

“These rules aren’t going anywhere,” Kenney said in a statement to The New Mexican, suggesting that the industry stop spending resources on legal challenges and start working to comply with New Mexico's requirements.

The Independent Petroleum Association of New Mexico had argued in its appeal that the rule disproportionately affected independent operators.

“The administration needs to stop its ‘death by a thousand cuts’ hostility to the smaller, family-owned, New Mexico-based operators,” the group's executive director, Jim Winchester, said in an email to the newspaper.

The group is considering its legal options.

Under the rule, oil and gas operators must monitor emissions for smog-causing pollutants — nitrogen oxides and volatile organic compounds — and regularly check for and fix leaks.

The rule applies to eight counties — Chaves, Doña Ana, Eddy, Lea, Rio Arriba, Sandoval, San Juan and Valencia — where ozone pollutants have reached at least 95% of the federal ambient air quality standard. Some of those counties include production hot spots within the San Juan Basin in northwestern New Mexico and the Permian Basin, which straddles the New Mexico-Texas line.

The industry group had argued that Chaves and Rio Arriba counties shouldn’t be included. The court disagreed, saying those counties are located within broader geographic regions that did hit that 95% threshold.

The Houston-based company is accused of discharging hundreds of thousands of gallons of industrial wastewater containing excessive amounts of oil and grease, the U.S. Department of Justice said. Photo via phillips66.com

Houston-based Phillips 66 faces federal charges related to alleged Clean Water Act violations

investigation station

Oil company Phillips 66 has been federally indicted in connection with alleged violations of the Clean Water Act in California, authorities said Thursday.

The Houston-based company is accused of discharging hundreds of thousands of gallons of industrial wastewater containing excessive amounts of oil and grease, the U.S. Department of Justice said.

The company allegedly dumped the wastewater from its Carson oil refinery into the Los Angeles County sewer system in 2020 and 2021 and did not report the violations, prosecutors said.

Phillips is charged with two counts of negligently violating the Clean Water Act and four counts of knowingly violating the Clean Water Act. The company faces up to five years of probation on each count and a maximum of $2.4 million in fines.

An arraignment date has not been set.

“Phillips 66 will continue its cooperation with the U.S. Attorney’s office and is prepared to present its case in these matters in court,” a spokesperson said in a statement Thursday. “The company remains committed to operating safely and protecting the health and safety of our employees and the communities where we operate.”

Last month, Phillips announced it would close its Southern California refinery by the end of 2025, citing market concerns. That refinery accounts for about 8% of California’s refining capacity, according to the state’s Energy Commission.

The company also operates a refinery near San Francisco that accounts for about 5% of California’s refining capacity, according to the state Energy Commission.

The U.S. National Highway Traffic Safety Administration has raised concerns about Tesla's public messaging on its "Full Self-Driving" system. Photo via tesla.com

US safety agency pressures Texas-based Tesla over full self-driving claims, crash concerns

The U.S. government's highway safety agency says Tesla is telling drivers in public statements that its vehicles can drive themselves, conflicting with owners manuals and briefings with the agency saying the electric vehicles need human supervision.

The National Highway Traffic Safety Administration is asking the company to “revisit its communications” to make sure messages are consistent with user instructions.

The request came in a May email to the company from Gregory Magno, a division chief with the agency's Office of Defects Investigation. It was attached to a letter seeking information on a probe into crashes involving Tesla's “Full Self-Driving” system in low-visibility conditions. The letter was posted Friday on the agency's website.

The agency began the investigation in October after getting reports of four crashes involving “Full Self-Driving" when Teslas encountered sun glare, fog and airborne dust. An Arizona pedestrian was killed in one of the crashes.

Critics, including Transportation Secretary Pete Buttigieg, have long accused Tesla of using deceptive names for its partially automated driving systems, including “Full Self-Driving” and “Autopilot,” both of which have been viewed by owners as fully autonomous.

The letter and email raise further questions about whether Full Self-Driving will be ready for use without human drivers on public roads, as Tesla CEO Elon Musk has predicted. Much of Tesla's stock valuation hinges on the company deploying a fleet of autonomous robotaxis.

Musk, who has promised autonomous vehicles before, said the company plans to have autonomous Models Y and 3 running without human drivers next year. Robotaxis without steering wheels would be available in 2026 starting in California and Texas, he said.

A message was sent Friday seeking comment from Tesla.

In the email, Magno writes that Tesla briefed the agency in April on an offer of a free trial of “Full Self-Driving” and emphasized that the owner's manual, user interface and a YouTube video tell humans that they have to remain vigilant and in full control of their vehicles.

But Magno cited seven posts or reposts by Tesla's account on X, the social media platform owned by Musk, that Magno said indicated that Full Self-Driving is capable of driving itself.

“Tesla's X account has reposted or endorsed postings that exhibit disengaged driver behavior,” Magno wrote. “We believe that Tesla's postings conflict with its stated messaging that the driver is to maintain continued control over the dynamic driving task."

The postings may encourage drivers to see Full Self-Driving, which now has the word “supervised” next to it in Tesla materials, to view the system as a “chauffeur or robotaxi rather than a partial automation/driver assist system that requires persistent attention and intermittent intervention by the driver,” Magno wrote.

On April 11, for instance, Tesla reposted a story about a man who used Full Self-Driving to travel 13 miles (21 kilometers) from his home to an emergency room during a heart attack just after the free trial began on April 1. A version of Full Self-Driving helped the owner "get to the hospital when he needed immediate medical attention,” the post said.

In addition, Tesla says on its website that use of Full Self-Driving and Autopilot without human supervision depends on “achieving reliability" and regulatory approval, Magno wrote. But the statement is accompanied by a video of a man driving on local roads with his hands on his knees, with a statement that, “The person in the driver's seat is only there for legal reasons. He is not doing anything. The car is driving itself,” the email said.

In the letter seeking information on driving in low-visibility conditions, Magno wrote that the investigation will focus on the system's ability to perform in low-visibility conditions caused by “relatively common traffic occurrences.”

Drivers, he wrote, may not be told by the car that they should decide where Full Self-Driving can safely operate or fully understand the capabilities of the system.

“This investigation will consider the adequacy of feedback or information the system provides to drivers to enable them to make a decision in real time when the capability of the system has been exceeded,” Magno wrote.

The letter asks Tesla to describe all visual or audio warnings that drivers get that the system “is unable to detect and respond to any reduced visibility condition.”

The agency gave Tesla until Dec. 18 to respond to the letter, but the company can ask for an extension.

That means the investigation is unlikely to be finished by the time President-elect Donald Trump takes office in January, and Trump has said he would put Musk in charge of a government efficiency commission to audit agencies and eliminate fraud. Musk spent at least $119 million in a campaign to get Trump elected, and Trump has spoken against government regulations.

Auto safety advocates fear that if Musk gains some control over NHTSA, the Full Self-Driving and other investigations into Tesla could be derailed.

Musk even floated the idea of him helping to develop national safety standards for self-driving vehicles.

“Of course the fox wants to build the henhouse,” said Michael Brooks, executive director of the Center for Auto Safety, a nonprofit watchdog group.

He added that he can't think of anyone who would agree that a business mogul should have direct involvement in regulations that affect the mogul’s companies.

“That’s a huge problem for democracy, really,” Brooks said.

Texan Elon Musk stands to benefit from the next president. Photo via cdn.britannica.com

Election results buoy stock at Texas-based Tesla

seeing dollar signs

Shares of Tesla soared Wednesday as investors bet that the electric vehicle maker and its Texas-based CEO Elon Musk will benefit from Donald Trump’s return to the White House.

Tesla stands to make significant gains under a Trump administration with the threat of diminished subsidies for alternative energy and electric vehicles doing the most harm to smaller competitors. Trump’s plans for extensive tariffs on Chinese imports make it less likely that Chinese EVs will be sold in bulk in the U.S. anytime soon.

“Tesla has the scale and scope that is unmatched,” said Wedbush analyst Dan Ives, in a note to investors. “This dynamic could give Musk and Tesla a clear competitive advantage in a non-EV subsidy environment, coupled by likely higher China tariffs that would continue to push away cheaper Chinese EV players.”

Tesla shares jumped 14.8% Wednesday while shares of rival electric vehicle makers tumbled. Nio, based in Shanghai, fell 5.3%. Shares of electric truck maker Rivian dropped 8.3% and Lucid Group fell 5.3%.

Tesla dominates sales of electric vehicles in the U.S, with 48.9% in market share through the middle of 2024, according to the U.S. Energy Information Administration.

Subsidies for clean energy are part of the Inflation Reduction Act, signed into law by President Joe Biden in 2022. It included tax credits for manufacturing, along with tax credits for consumers of electric vehicles.

Musk was one of Trump’s biggest donors, spending at least $119 million mobilizing Trump’s supporters to back the Republican nominee. He also pledged to give away $1 million a day to voters signing a petition for his political action committee.

In some ways, it has been a rocky year for Tesla, with sales and profit declining through the first half of the year. Profit did rise 17.3% in the third quarter.

The U.S. opened an investigation into the company’s “Full Self-Driving” system after reports of crashes in low-visibility conditions, including one that killed a pedestrian. The investigation covers roughly 2.4 million Teslas from the 2016 through 2024 model years.

And investors sent company shares tumbling last month after Tesla unveiled its long-awaited robotaxi at a Hollywood studio Thursday night, seeing not much progress at Tesla on autonomous vehicles while other companies have been making notable progress.

Tesla began selling the software, which is called “Full Self-Driving,” nine years ago. But there are doubts about its reliability.

The stock is now showing a 16.1% gain for the year after rising the past two days.

Exxon earned $8.6 billion, or $1.92 per share, for the three months ended Sept. 30. Photo via ExxonMobil.com

ExxonMobil beats profit forecast with Q3 surge, powered by acquisition, production gains

by the numbers

ExxonMobil's third-quarter profit beat analysts' expectations, as the oil and gas giant was helped by contributions from Pioneer Natural Resources, a recent acquisition.

Exxon earned $8.6 billion, or $1.92 per share, for the three months ended Sept. 30. A year earlier the Spring, Texas-based company earned $9.07 billion, or $2.25 per share.

The performance topped Wall Street's expectations, though Exxon does not adjust its reported results based on one-time events such as asset sales. Analysts surveyed by Zacks Investment Research were calling for earnings of $1.91 per share.

Revenue totaled $90.02 billion, falling short of Wall Street’s estimate of $93.51 billion.

Exxon’s net production reached 4.6 million oil-equivalent barrels per day during the third quarter, an increase of 5% compared with the previous quarter.

Oil prices have been falling recently after a retaliatory strike by Israel on Iran targeted military sites rather than the oilfields of the world’s seventh largest producer of crude. The long-term expectation is for oil prices to move lower, not higher. That’s because the balance between supply and demand has tilted toward supply, a dynamic that typically deflates oil prices.

Exxon announced in July 2023 that it would pay $4.9 billion for Denbury Resources, an oil and gas producer that has entered the business of capturing and storing carbon and stands to benefit from changes in U.S. climate policy.

Three months later it said it would spend $60 billion on shale operator Pioneer Natural Resources. That deal received clearance from the Federal Trade Commission in May.

Exxon said its board approved a 4% increase in its quarterly dividend, 99 cents per share.

Also on Friday, Chevron Corp. reported an adjusted profit of $2.51 per share on revenue of $50.67 billion. Wall Street was looking for a profit of $2.47 per share on revenue of $49.88 billion. Similar to Exxon, Chevron does not adjust its reported results based on one-time events such as asset sales.

Revenue and net income were lower than a year ago at the San Ramon, California, company, which is relocating its headquarters to Houston by year-end.

Chevron said it's continuing asset sales and is now targeting structural cost cuts of $2 billion to $3 billion through 2026, although it didn't provide specific details.

In morning trading, Exxon shares rose 35 cents to $117.13 while Chevron shares rose 3% to $153.69.

The strong performance changed the trajectory of the year for the Austin, Texas-based company, which had seen sales and profits decline in the first two quarters. Photo courtesy of Tesla

Tesla posts surprise $2.17B third-quarter profit, up from a year ago

by the numbers

Tesla’s third-quarter net income rose 17.3 percent compared with a year ago on stronger electric vehicle sales, and an optimistic CEO Elon Musk predicted 20 percent to 30 percent sales growth next year.

The strong performance changed the trajectory of the year for the Austin, Texas-based company, which had seen sales and profits decline in the first two quarters.

In its letter to investors, Tesla predicted slight growth in vehicle deliveries this year, better than the 1.8 million delivered worldwide in 2023.

Tesla said Wednesday that it made $2.17 billion from July through September, more than the $1.85 billion profit it posted in the same period of 2023.

The earnings came despite price cuts and low-interest financing that helped boost sales of the company’s aging vehicle lineup during the quarter. It was Tesla’s first year-over-year quarterly profit increase of 2024, a year plagued by falling sales and prices.

Revenue in the quarter rose 7.8 percent to $25.18 billion, falling short of Wall Street analysts who estimated it at $25.47 billion, according to FactSet. Tesla made an adjusted 72 cents per share, soundly beating analyst expectations of 59 cents.

Shares in Tesla Inc. soared nearly 12 percent in trading after Wednesday’s closing bell.

On a conference call with analysts, Musk said the profit increase came despite a challenging environment for auto sales with still-high loan interest rates. “I think if you look at EV companies worldwide, to the best of my knowledge, no EV company is even profitable,” he said.

Musk qualified his prediction that Tesla would post 2025 vehicle sales growth of 20 percent to 30 percent by saying it could be changed by “negative external events.”

Earlier this month Tesla said it sold 462,890 vehicles from July through September, up 6.4 percent from a year ago. The sales numbers were better than analysts had expected.

The letter said that Tesla is on track to start production of new vehicles, including more affordable models, in the first half of next year, something investors had been looking for. The new vehicles will use parts from its current models and will be made on the same assembly lines as Tesla’s current model lineup, the letter said.

The new vehicles were not identified and the price was nebulous. Musk has said in the past the company is working on a car that will cost about $25,000, but said Wednesday that a new affordable vehicle would cost under $30,000 including government tax incentives.

Earlier this month, the company showed off a purpose-built two-seat robotaxi called “Cybercab” at a glitzy event at a Hollywood movie studio. Musk said it would be in production before 2027 and cost around $25,000.

By using parts from existing models and the current manufacturing system, Tesla won’t reach cost reductions that it previously expected using a new manufacturing setup.

Tesla said it reduced the cost of goods per vehicle to its lowest level yet, about $35,100.

The company’s widely watched gross profit margin, the percentage of revenue it gets to keep after expenses, rose to 19.8 percent, the highest in a year, but still smaller than the peak of 29.1 percent in the first quarter of 2022.

During the quarter, Tesla’s revenue from regulatory credits purchased by other automakers who can’t meet government emissions targets hit $739 million, the second highest quarter in company history.

Musk said Tesla's “Full Self-Driving” system is improving and would drive more safely than humans in the second quarter of next year. Despite the name, Teslas using “Full Self-Driving” cannot drive themselves, and human drivers must be ready to intervene at all times.

The company, he said, is offering an autonomous ride-hailing service to employees in the San Francisco Bay Area, but it currently has human safety drivers. It expects to start a robotaxi service for the public in California and Texas next year, he said.

Musk also conceded that it may not be possible to reach autonomous driving safety levels with older editions of “Full Self-Driving” hardware. If it can't do that, Tesla will upgrade computers in the older cars for free, he said.

The self-driving claims come just five days after U.S. safety regulators opened an investigation into the system's cameras to see in low-visibility conditions such as sun glare, fog and airborne dust. The probe raised doubts about whether the system will be ready to drive on its own next year.

The National Highway Traffic Safety Administration said in documents posted Friday that it opened the probe of 2.4 million Teslas after the company reported four crashes in low visibility conditions. In one, a woman who stopped to help after a crash on an Arizona freeway was struck and killed by a Tesla.

Investigators will look into the ability of “Full Self-Driving” to “detect and respond appropriately to reduced roadway visibility conditions."

Edward Jones analyst Jeff Windau said the earnings report and conference call showed that Tesla is making money on software, a business with high profit margins.

Still, he has a “hold” rating on the stock as the company moves toward robotics and autonomous vehicles. “They’ve got a lot of challenging goals out there,” he said.

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Houston climatech incubator names new CFO

onboarding

Greentown Labs, a climatech incubator with locations in Houston and Somerville, Massachusetts, has hired Naheed Malik as its chief financial officer. In her new role, she oversees finance, accounting and human resources.

Malik previously worked at American Tower Corp., an owner of wireless communication towers. During her 12-year tenure there, she was vice president of financial planning and analysis, and vice president of corporate finance.

Before American Tower, Malik led financial planning and analysis at Wolters Kluwer Health, and was a management consultant at Kearney and an audit CPA at EY.

Kevin Dutt, Greentown’s interim CEO, says in a news release that Malik’s “deep expertise will be a boon for Greentown as we seek to serve even more climatech startups in our home states of Massachusetts and Texas, and beyond.”

“I am delighted to join Greentown at such an exciting time in its organizational growth,” Malik says. “As a nonprofit that’s deeply dedicated to its mission of supporting climatech innovation, Greentown is poised to build on its impressive track record and expand its impact in the years to come.”

Greentown bills itself as North America’s largest incubator for climatech startups. Today, it’s home to more than 200 startups. Since its founding in 2011, Greentown has nurtured more than 575 startups that have raised over $8.2 billion in funding.

Last year, Greentown’s CEO and president Kevin Knobloch announced that he would be stepping down in July 2024, after less than a year in the role. The incubator. About a month before the announcement, Knobloch reported that Greentown would reduce its staff by 30 percent, eliminating roles in Boston and Houston. He noted changes in leadership, growth of the team and adjustments following the pandemic.

Greentown plans to announce its new permanent CEO by the end of the month.

Being prepared: Has the Texas grid been adequately winterized?

Winter in Texas

Houstonians may feel anxious as the city and state brace for additional freezing temperatures this winter. Every year since 2021’s Winter Storm Uri, Texans wonder whether the grid will keep them safe in the face of another winter weather event. The record-breaking cold temperatures of Uri exposed a crucial vulnerability in the state’s power and water infrastructure.

According to ERCOT’s 6-day supply and demand forecast from January 3, 2025, it expected plenty of generation capacity to meet the needs of Texans during the most recent period of colder weather. So why did the grid fail so spectacularly in 2021?

  1. Demand for electricity surged as millions of people tried to heat their homes.
  2. ERCOT was simply not prepared despite previous winter storms of similar intensity to offer lessons in similarities.
  3. The state was highly dependent on un-winterized natural gas power plants for electricity.
  4. The Texas grid is isolated from other states.
  5. Failures of communication and coordination between ERCOT, state officials, utility companies, gas suppliers, electricity providers, and power plants contributed to the devastating outages.

The domino effect resulted in power outages for millions of Texans, the deaths of hundreds of Texans, billions of dollars in damages, with some households going nearly a week without heat, power, and water. This catastrophe highlighted the need for swift and sweeping upgrades and protections against future extreme weather events.

Texas State Legislature Responds

Texas lawmakers proactively introduced and passed legislation aimed at upgrading the state’s power infrastructure and preventing repeated failures within weeks of the storm. Senate Bill 3 (SB3) measures included:

  • Requirements to weatherize gas supply chain and pipeline facilities that sell electric energy within ERCOT.
  • The ability to impose penalties of up to $1 million for violation of these requirements.
  • Requirement for ERCOT to procure new power sources to ensure grid reliability during extreme heat and extreme cold.
  • Designation of specific natural gas facilities that are critical for power delivery during energy emergencies.
  • Development of an alert system that is to be activated when supply may not be able to meet demand.
  • Requirement for the Public Utility Commission of Texas, or PUCT, to establish an emergency wholesale electricity pricing program.

Texas Weatherization by Natural Gas Plants

In a Railroad Commission of Texas document published May 2024 and geared to gas supply chain and pipeline facilities, dozens of solutions were outlined with weatherization best practices and approaches in an effort to prevent another climate-affected crisis from severe winter weather.

Some solutions included:

  • Installation of insulation on critical components of a facility.
  • Construction of permanent or temporary windbreaks, housing, or barriers around critical equipment to reduce the impact of windchill.
  • Guidelines for the removal of ice and snow from critical equipment.
  • Instructions for the use of temporary heat systems on localized freezing problems like heating blankets, catalytic heaters, or fuel line heaters.

According to Daniel Cohan, professor of environmental engineering at Rice University, power plants across Texas have installed hundreds of millions of dollars worth of weatherization upgrades to their facilities. In ERCOT’s January 2022 winterization report, it stated that 321 out of 324 electricity generation units and transmission facilities fully passed the new regulations.

Is the Texas Grid Adequately Winterized?

Utilities, power generators, ERCOT, and the PUCT have all made changes to their operations and facilities since 2021 to be better prepared for extreme winter weather. Are these changes enough? Has the Texas grid officially been winterized?

This season, as winter weather tests Texans, residents may potentially experience localized outages. When tree branches cannot support the weight of the ice, they can snap and knock out power lines to neighborhoods across the state. In the instance of a downed power line, we must rely on regional utilities to act quickly to restore power.

The specific legislation enacted by the Texas state government in response to the 2021 disaster addressed to the relevant parties ensures that they have done their part to winterize the Texas grid.

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Sam Luna is director at BKV Energy, where he oversees brand and go-to-market strategy, customer experience, marketing execution, and more.

This article first appeared on our sister site, InnovationMap.com.

Halliburton names 5 clean energy startups to latest incubator cohort

clean team

Halliburton Labs has named five companies to its latest cohort, including one from Texas.

All of the companies are working to help accelerate the future of the energy industry in different ways. The incubator aims to advance the companies’ commercialization with support from Halliburton's network, facilities and financing opportunities.

The five new members include:

  • 360 Energy, an Austin-based in-field computing company with technology that is able to capture flared or stranded gas and monetize it through modular data centers
  • Cella, a New York-based mineral storage company that provides end-to-end services, from resource assessment to proprietary injection technology, and monitoring techniques to provide geologic carbon storage solutions
  • Espiku, an engineering services company based in Bend, Oregon, that finds solutions that advance water and minerals recovery from brines and industrial-produced water streams
  • Mitico, based in Los Angeles, that offers technology services to capture carbon dioxide by using its patent-pending granulated metal carbonate sorption technology (GMC) that captures more than 95% of the CO2 emitted from post-combustion point sources
  • NuCube, a Pasadena, California-based company with a nuclear fission reactor under development

“We welcome these innovative energy startups,” Dale Winger, managing director of Halliburton Labs, said in a news release. “We are eager to help these participant companies use their time and capital efficiently to progress new solutions that meet industry requirements for cost, reliability, and sustainability.”

Halliburton Labs also announced that it will host the Finalists Pitch Day on March 26, 2025, in Denver for energy and decarbonization industry innovators, startups and investors ahead of the National Renewable Energy Laboratory (NREL) Industry Growth Forum. The pitch event will precede registration and the opening reception of the NREL forum. Find more information here.

Adena Power, an Ohio-based clean energy startup, was the latest to join Halliburton Labs prior to the new cohort. The company used three patented materials to produce a sodium-based battery that delivers clean, safe and long-lasting energy storage.

The incubator also named San Francisco-based venture capital investor Pulakesh Mukherjee, partner at Imperative Ventures, which specializes in hard tech decarbonization startups, to its advisory board last spring.

Read more about the incubator's 2023 cohort here.

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