• Successfully assists clients in obtaining air, water, and waste permits from the Texas Commission on Environmental Quality, provides advice on complex environmental audits, and conducts environmental reviews for energy and real estate transactions.  Assisted in the development and financing of over two dozen wind and solar energy projects, as well as numerous natural gas-fired power plants.
• Advises pipeline clients on compliance with FERC regulations and the Interstate Commerce Act.  Recently assisted several clients conduct open seasons, draft petitions for declaratory orders, and file tariffs with FERC.

• The Best Lawyers in America (Woodward/White Inc.), Environmental Law, 2023-2025
• Lawdragon Green 500: Leaders in Environmental Law, Environmental Litigation, 2023-2024
• Texas Rising Star, Super Lawyers by Thomson Reuters, 2016-2019

Publications

• “Proposed Listing of Lesser Prairie-Chicken Under Endangered Species Act and Potential Impact on Energy Projects,” Jackson Walker Insights (2021)
• “EPA Rolls Back Portions of Methane Rule,” Jackson Walker Insights (2020)
• “Court Orders Dakota Access Pipeline Shut Down,” Jackson Walker Insights (2020)
• “Key Permit Used in Keystone XL Pipeline Put On Hold – Potential Far-Reaching Impacts on Other Projects,” Jackson Walker Insights (2020)
• “EPA Proposes to Revise Significant Aspects of Methane Rule,” Jackson Walker Insights (2018)
• “Petition for Rulemaking Requests Standards of Conduct for Oil Pipelines,” Jackson Walker Insights (2018)
• “DOI Reverses Course and Declares Migratory Bird Treaty Act Does Not Prohibit Incidental Take,” Jackson Walker Insights (2018)
• “Appeals Court Decision Requires Air Emissions Reporting for Animal Waste,” Jackson Walker Insights (2017)
• “Denbury v. Texas Rice “Texas Rice II”: The Texas Supreme Court Affirms Common Carrier Status,” Jackson Walker Insights (2017)
• O’Connor’s Texas Oil & Gas Statutes & Regulations, Editor, 2014-2018

Speaking Engagements

• “SRAs: Texas’ Response to Seismic Activity (and Other Regulations),” Jackson Walker’s Hot Topics in Oilfield Produced Water Webinar (2022)
• “Legal Roundtable: Is Texas Still Energy Friendly?”, MIDSTREAM Texas Conference, Midland, Texas (2018)
• “Interstate Determinations under the Natural Gas Act and Interstate Commerce Act,” Pipeline Safety Conference, New Orleans, Louisiana (2016)
• “Emergency Demand Response Under EPA’s RICE MACT Rules,” San Antonio, Texas (2016)
• “GHG Regulation and the Politics of Climate Change for the Oil and Gas Industry,” 61st Annual Rocky Mountain Mineral Law Institute, Anchorage, Alaska (2015)
• “Regulatory Compliance After the West Fertilizer Explosion,” Texas Ag Industries Association Regional Meeting, Belton, Texas (2013)
• “Compliance with EPA and TCEQ Air Quality Regulations Affecting Oil and Gas Operations,” San Antonio Association of Professional Landmen Mid-Winter Seminar, San Antonio, Texas (2013)
• “The Denbury Decision – Its Impact on Pipeline Construction and How the Legislature and Railroad Commission Will Respond,” Obtaining and Expanding Pipeline Capacity in the Shale Oil and Gas Revolution, Houston, Texas (2013)
• “Environmental and Clean Air Regulations Affecting the Midstream,” Midstream Oil and Gas Law Conference, Houston, Texas (2012)

In the News

• “Lesser Prairie-Chicken Listed as Endangered in Permian Basin,” Bloomberg Law (November 17, 2022)
• “Prairie-Chicken Listing Expected to Put Wind Farms in Crosshairs,” Bloomberg Law (June 7, 2021)
• “EPA’s Methane Emission Proposal Fuels Oil And Gas Uncertainty,” Hart Energy (September 10, 2019)
• “Don’t Worry, Texas Will Still Be Energy Friendly,” MIDSTREAM Business (June 27, 2018)
• “Texas Supreme Court Establishes a Pipeline-Friendly Threshold,” Texas Lawyer (March 1, 2017)

• Mickey Leland Environmental Internship Program, Advisory Board, 2017-Present
• Generation Waller
  • Vice President, 2015-2017
  • Volunteer Committee Chair, 2014

More Client Results

August 15, 2024
Attorney News

‘The Best Lawyers in America’ Features 306 Jackson Walker Attorneys in 2025 Edition, Including 9 “Lawyers of the Year” and 75 “Ones to Watch”

The Best Lawyers in America has recognized 306 Jackson Walker attorneys across 81 specialty practice areas in its 2025 edition, including 9 Lawyers of the Year and 75 Ones to Watch. In this year’s guide, Jackson Walker saw the largest number of attorneys in the areas of Commercial Litigation (75 attorneys) and Real Estate Law (55 attorneys) and the addition of 27 attorneys as Best Lawyers.

February 2, 2024
Attorney News

Lawdragon Lists Eight Jackson Walker Partners Among Leading Environmental Lawyers of 2024

According to Lawdragon, “The 2024 Leaders in Environmental Law” list features “an amazing collection of attorneys, ranging from wolf advocates, to sustainable finance leaders, experts in greenwashing claims and regulatory gurus who help businesses navigate environmental regulations to successfully develop projects.”

August 17, 2023
Attorney News

‘The Best Lawyers in America’ Honors 287 Jackson Walker Attorneys in 2024 Edition, Including 12 “Lawyers of the Year” and 80 “Ones to Watch”

The Best Lawyers in America has recognized 287 Jackson Walker attorneys across 5 offices and 82 specialty practice areas in its 2024 edition, including 12 Lawyers of the Year and 80 Ones to Watch. In this year’s guide, Jackson Walker saw the largest number of attorneys in the areas of Commercial Litigation (66 attorneys) and Real Estate Law (60 attorneys) and the addition of 35 attorneys as Best Lawyers.

February 14, 2023
Attorney News

Lawdragon Lists Five Jackson Walker Attorneys Among Leading Environmental Lawyers

Jackson Walker announces the selection of Ali Abazari, Leonard Dougal, Michael Nasi, Benjamin Rhem, and Daniel Vineyard to “The Lawdragon Green 500: Leaders in Environmental Law” list for 2023.

November 17, 2022
Mentions

Lesser Prairie-Chicken Listed as Endangered in Permian Basin | Bloomberg Law (Subscription Required)

The Biden administration plans to list the lesser prairie-chicken as endangered in the Permian Basin in Texas and New Mexico, and threatened in Oklahoma, the US Fish and Wildlife Service announced Thursday.

August 18, 2022
Attorney News

‘The Best Lawyers in America’ Honors 214 Jackson Walker Attorneys in 2023 Edition, Including 11 “Lawyers of the Year” and 41 “Ones to Watch”

The Best Lawyers in America has recognized 214 Jackson Walker attorneys across 6 offices and 79 specialty practice areas in its 2023 edition, including 11 Lawyers of the Year and 41 Ones to Watch. Best Lawyers listings are based on an exhaustive peer review survey of thousands of attorneys who vote on the legal abilities of others in their practice areas.

July 27, 2022
Webinars

Join Jackson Walker for “Hot Topics in Oilfield Produced Water” Webinar

Wednesday, July 27, 2022 | 12 p.m. to 1 p.m. CT

Join Patrick Knapp, Reagan Marble, Ben Rhem, and Taylor Holcomb for this upcoming webinar as they provide an overview of how the midstream water business is among the fastest-growing segments of the oil and gas industry.

June 8, 2021
Insights

Proposed Listing of Lesser Prairie-Chicken Under Endangered Species Act and Potential Impact on Energy Projects

By Jerry Webberman, Alicia French, Jesse Lotay, & Ben Rhem

On June 1, the U.S. Fish and Wildlife Service published a proposed rule in the Federal Register to list the lesser prairie-chicken under the Endangered Species Act. If finalized, the species would be listed as endangered in the Southern DPS, which is located in West Texas and New Mexico and overlaps with the oil- and gas-rich Permian Basin, and threatened in the Northern DPS, located in the Texas Panhandle, Oklahoma, Kansas, and Colorado. Public hearings to gather comments on the proposal will be held on July 8 and July 14, and all public comments must be submitted by August 2, 2021.

June 7, 2021
Mentions

Prairie-Chicken Listing Expected to Put Wind Farms in Crosshairs | Bloomberg Law

An endangered listing wouldn’t be a “death knell for industry,” but it would be a new regulatory burden for developers, making wind farm construction more difficult, said Jackson Walker partner Ben Rhem, who represents wind farm lenders and developers.

“Developers are going to have to be more careful, more thoughtful about where they’re siting their project,” Rhem said. “There may be certain areas where it becomes such a regulatory burden that it just makes sense to look elsewhere.”

More Attorney News

Spotlight

Ben has given numerous presentations regarding environmental and pipeline regulations, and in July of 2015, he gave a presentation titled, “GHG Regulation and the Politics of Climate Change for the Oil and Gas Industry,” which was published in the 61st Annual Rocky Mountain Mineral Law Institute.

Environmental Permitting and Regulatory Compliance

• Advised a major oil and gas production company regarding multiple environmental audits under the Texas Environmental, Health, and Safety Audit Privilege Act covering upstream and midstream oil and gas facilities located in the Permian Basin and Eagle Ford Shale.
• Assisted client in removing unwarranted violations and significantly reduce penalties assessed by MSHA.

Environmental Due Diligence

• Conducted environmental due diligence for over 3,000 MW of wind energy electric generation.
• Assisted with environmental due diligence and permitting relating to a major corporate reorganization of one of largest electric energy providers in the U.S.

FERC Compliance – Open Seasons, Tariffs, Petitions for Declaratory Orders

• Assisted multiple clients to prepare and conduct successful open seasons and petitions for declaratory orders.
• Assisted client in conducting environmental, pipeline safety, FERC compliance audit of major interstate liquids pipeline.