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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 startup wins Space Force contract to advance quantum energy generator

quantum contract

Houston-based quantum energy technology startup Casimir Inc. has been awarded an STTR Phase I contract from the U.S. Space Force's SpaceWERX to support the development of the company's solid-state generator for potential use by the Department of the Air Force.

SpaceWERX is the innovation arm of the U.S. Space Force and a division within AFWERX, the incubator and innovation arm of the United States Department of the Air Force. The Air Force Research Laboratory and SpaceWERX, along with many other government agencies, help support innovation through the Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) grants and contracts.

As part of the new contract, Casimir will work to refine a fully independent generator. Casimir’s solid-state power technology could support national security missions by providing reliable power even in difficult-to-service environments.

In May, Casimir emerged from stealth, netting a $12 million seed round to commercialize its quantum energy chip. The semiconductor chips can generate power from quantum vacuum fields without the need for batteries or charging. The company aims to include the chips in large-scale energy systems that can power homes, commercial infrastructure and electric vehicles.

“This STTR funds some analysis work to address our proposed scaling approach of making our chips multi-layer to increase aggregate power,” Harold “Sonny” White, founder and CEO of Casimir, tells Energy Capital.

White adds that the company will work with Texas A&M to develop chip planarization techniques to support Casimir’s plans to scale. Additionally, White says the company is working with the U.S. Space Force to explore more applications for its technology.

“Casimir’s technology brings a new capability to the market in the form of our persistent power chips,” White adds. “This approach will be relevant to ultra-low-power electronics, and with the scaling approach we are developing, connected with the STTR work, will eventually be relevant to consumer electronics and beyond.”

Casimir has previously reported that it plans to commercialize its first-generation MicroSparc chip by 2028. The chips are expected to power devices for years without the need for replacements.

The total funding for this project has not yet been disclosed.

Houston clean energy tax compliance platform tops the Inc. 5000 in 2026

Top of the List

Houston-based Empact Technologies has ridden the clean energy wave to the Inc. 5000’s 30 fastest-growing private companies.

With three-year revenue growth of 8,275 percent, the clean energy tax credit compliance management platform appears at No. 27 on this year’s Inc. 5000 list. The 2026 list ranks private companies based on percentage revenue growth from 2022 to 2025.

Empact Technologies, also ranks as the No. 2 fastest-growing company in Houston and the No. 4 fastest-growing company in Texas.

Originally founded by Charles Dauber in 2012, Empact Technologies relaunched in 2023 as a purpose-built tool for clean energy tax credit compliance, following the creation of the Inflation Reduction Act, the largest clean energy investment incentive in U.S. history.

It provides a platform for clean energy developers, investors, and contractors, and combines its NexusIQ AI-native compliance platform with a dedicated team of technical and regulatory experts to ensure ongoing compliance and documentation.

Empact Technologies is joined by six other Houston-area companies in the top 250 of this year's Inc. 5000, including one that made the top 10.

Here are the six other Houston-area companies that claimed spots in the top 250 on the Inc. 5000 list. Each company name is followed by its ranking, headquarters city, and three-year growth rate.

  • No. 6 Equipe Realty, 23,210 percent
  • No. 60 Action1, 4,512 percent
  • No 75 Signs By G, 3,684 percent
  • No. 79 The ’Pause Life, 3,469 percent (Galveston)
  • No. 110 Turtlebox Audio, 2,576 percent
  • No. 178 Dahnani Private Equity Group, 1,904 percent (Stafford)
Empact and fellow honorees will be recognized Oct. 14-16 at the 2026 Inc. 5000 Conference & Gala in Dallas.

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A version of this article first appeared on InnovationMap.com.

Sage Geosystems brings South Texas geothermal plant online

powering up

Houston-based Sage Geosystems, a provider of geothermal power, has begun full operations at its South Texas facility for the San Miguel Electric Cooperative.

Sage says the plant was recently “placed in service,” according to a news release. This means it’s fully built and tested, and ready to generate and supply electricity to the grid.

Since selling its first electricity in Q2 of this year, the facility has been operating for more than four months to evaluate aspects like efficiency and water management. Sage relied on its GeoTwin modeling tool to carry out some of the testing.

The testing demonstrates Sage’s proprietary approach to geothermal power “overcomes one of the industry’s most persistent challenges, high water losses in engineered reservoirs, while delivering the consistent performance required to scale next-generation geothermal,” co-founder and CEO Cindy Taff said in the release.

Sage says the South Texas facility will serve as a model for future projects, including one in Nevada. The Nevada facility will use Sage’s proprietary technology to extract geothermal heat from hot dry rock, creating a reliable, affordable source of carbon-free power.

During the testing period, water losses amounted to less than 10 percent. This low rate indicates most water remains in the system, enabling Sage to capture more usable energy, boost power production and improve the project’s finances, the company says.

“Commercial geothermal isn’t just about creating a reservoir. It’s about creating one whose performance can be engineered, predicted, and consistent,” Lev Ring, the company’s co-founder, president and chief technology officer, said in the release.

Since being founded in 2020, Sage has raised $159 million in outside funding. This includes a more than $97 million Series B round co-led by Ormat Technologies and Carbon Direct Capital.

Two years ago, Sage announced a deal with Meta Platforms, the parent company of Facebook and Instagram, to supply up to 150 megawatts of geothermal power to Meta data centers.

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