E2 Law Podcast

Helium is essential to hospitals, semiconductor manufacturing, scientific research, and more—but its limited, geographically concentrated supply makes it vulnerable to disruption.

On the latest episode of Greenberg Traurig's E2 Law Podcast: Energy Horizons series, host Nikki Wise and Bill Garner explore what's driving the shortage, how it's affecting critical industries, and why recycling and new sources may be key to strengthening supply.

The latest episode of the Energy Horizons series on Greenberg Traurig's E2 Energy Law podcast is now live. Host Bill Garner, Global Co-Chair of GT's Energy and Natural Resources Practice, sits down with Tom Brill, an Energy Practice shareholder in GT's San Diego office, to discuss the shifting federal and state policy landscape for the U.S. hydrogen industry.

Their conversation opens with an examination of the Inflation Reduction Act's foundational hydrogen incentives, including the Section 45V Clean Hydrogen Production Tax Credit, as well as the Section 45Q carbon sequestration credit and provisions for direct pay and transferability.

Tom then walks through how the 2025 One Big Beautiful Bill Act altered the playing field, most notably by compressing the construction start deadline for the 45V credit from 2033 to 2028, while leaving the credit itself intact and expanding support for certain carbon sequestration, biofuel, and nuclear projects.

They address the Foreign Entity of Concern (FEOC) rules and their supply chain implications, the funding cuts to select regional hydrogen hubs, and the growing importance of state-level incentives and mandates - including California's Low Carbon Fuel Standard, cap-and-trade programs, and renewable portfolio standards - as counterweights to federal uncertainty.

The episode closes with practical guidance for project developers and investors: move quickly to meet tightened federal deadlines, analyze both federal and state incentive stacks, identify high-value destination markets and end uses, and build projects designed to remain viable even as the policy landscape continues to evolve.

In this Energy Horizons episode of the Greenberg Traurig E2 Energy Law Podcast, host and of counsel Nikki Wise is joined by Bill Garner, co-chair of the firm's global Energy Practice, for a practical, lawyer-focused examination of the legal and contractual framework surrounding natural hydrogen exploration and production in the United States.

The conversation begins with a comparison of traditional oil and gas leases and the emerging natural hydrogen-specific lease, walking listeners through the core provisions common to both: the granting clause, habendum clause, royalty clause, and delay rental provisions. Bill explains why the specific language of the granting clause is especially consequential for natural hydrogen, noting that whether hydrogen is covered by an existing oil and gas lease is far from settled and depends heavily on the precise contractual language used. Drawing on analogies to historical helium litigation, he cautions that companies exploring for hydrogen without clear title rights risk trespass claims, and that hydrogen must either be explicitly named or captured by sufficiently broad language such as "all gases."

Bill then outlines the distinguishing features of hydrogen-specific leases, including the absence of an obligation to drill or produce during the primary term, the right to surrender the lease at any time, and the critical inclusion of provisions addressing environmental attributes such as carbon credits, government grants, and tax incentives, which he notes can be significant drivers of project economics.

The discussion turns to practical development challenges unique to natural hydrogen, including the need for specialized equipment, hydrogen's distinct safety profile and its potential to cause steel pipeline embrittlement, regulatory gaps at the state and local level, and the still-developing market for hydrogen offtake. Bill also addresses transportation and storage considerations, covering dedicated pipelines versus tube trailers, federal Department of Transportation and pipeline regulations, rights-of-way acquisition, the feasibility of repurposing existing oil and gas pipelines, and storage options ranging from above-ground facilities to salt caverns.

The episode closes with Bill's practical guidance for those looking to enter the natural hydrogen space: engage counsel experienced in both oil and gas law and hydrogen-specific issues, ensure leases explicitly address hydrogen rights, think through the full value chain from production to end use, and monitor the rapidly evolving federal, state, and local regulatory landscape.

In this Energy Horizons episode of the Greenberg Traurig E2 Energy Law Podcast, host and of counsel Nikki Wise and Bill Garner, co-chair of the firm's global Energy Practice, examine one of 2026's most compelling emerging energy stories: the discovery and early-stage development of natural hydrogen, also known as white or geologic hydrogen, across the Middle East.

Bill opens with an update on a landmark development in France, where Francaise De l'Energie has drilled the deepest well in the world specifically targeting natural hydrogen, reaching approximately 3,500 meters in the Lorraine region's abandoned coal mines. He then turns to the Middle East, where the unique geology of the region, including serpentinized ultramafic rock and ophiolitic formations, is generating significant exploration activity.

The discussion highlights Oman as the region's clear first mover, with visible hydrogen seepage already documented, an MOU between SOHAR Port and Freezone and Swiss firm HYNAT, a US Department of Energy-backed project by GeoPower, and a recent exclusive evaluation agreement between Australian company HyTerra and ARA Natural Resources focused on the Samail Ophiolite. Bill notes that Oman's flexible petroleum law gives it a regulatory head start. The episode also covers Saudi Arabia's early-stage Aramco pilot investigations, and the UAE's establishment of a natural hydrogen research institute in Abu Dhabi, along with Irish company Decahydran's confirmed natural hydrogen well in Sharjah and its commercial partnerships with Weatherford International, Sharjah National Oil Company, and Siemens Energy.

Bill and Nikki explore the legal and business dimensions of this emerging industry, noting that new regulatory frameworks, mining laws, environmental assessments, international trade agreements, and commercial contracts are effectively being written in real time, creating significant opportunities for legal practitioners and investors alike.

The episode closes with a realistic look at the long timeline to commercialization and the geopolitical complexities affecting the region, before previewing the next episode, which will focus on natural hydrogen development and legal considerations in the United States.

In this episode of Greenberg Traurig's E2 Energy Law Podcast, host Nikki Wise is joined by colleague Bill Garner, co-chair of the firm's global Energy Practice, for a focused look at natural hydrogen exploration and production in Europe.

Building on a prior episode examining U.S. developments, this conversation turns to a continent that has historically lacked significant onshore hydrocarbon reserves - and explores whether natural hydrogen could change that equation.

Bill explains how natural hydrogen, sometimes called white hydrogen, forms through geological processes deep within the earth's crust and why advances in subsurface imaging technology are only now making meaningful exploration possible.

The discussion covers notable developments across France, Germany, Spain, Norway, and Finland, including France's emerging lead in the space with active exploration licenses and the first dedicated natural hydrogen well being drilled in the Lorraine basin.

Bill also highlights the work of Mantle8, a Grenoble-based geoscience company attracting significant investment with proprietary subsurface imaging technology.

The episode addresses the practical and regulatory challenges ahead, including the physical properties of hydrogen that complicate extraction and transport, the absence of clear EU regulatory frameworks, and the economics of natural hydrogen compared to green and gray alternatives.

Bill offers insight on timelines for commercial viability, potential integration into Europe's planned hydrogen pipeline infrastructure, and why most policymakers view natural hydrogen as a complement to renewables rather than a competitor.

The episode concludes with an assessment of why 2026 marks a meaningful inflection point in Europe's natural hydrogen story.

Exciting news! Greenberg Traurig's E2 Law Podcast has relaunched! In this Energy Horizon series episode, host Bill Garner, co-chair of the firm's Global Energy Practice, delves into the emerging world of natural (geologic) hydrogen exploration and production in the United States.

The episode highlights key regions for potential development, the startups leading exploration efforts, and the potential for natural hydrogen to be a game-changer in clean energy—alongside valuable byproducts like helium.

Tune in for insights on how natural hydrogen could shape America's energy future.

GT attorneys Steven Russo, Zackary Knaub, and Jane McLaughlin discuss New York State's cap-and-invest program to limit greenhouse gas emissions and share revenue with New Yorkers from disadvantaged communities to help cover utility bills, transportation costs, and decarbonization.

The program is expected to help New York meet the requirements of the 2019 Climate Leadership and Community Protection Act of cutting greenhouse gas emissions 40% by 2030 and at least 85% by 2050, both below 1990 levels. Large-scale greenhouse gas emitters and distributors of heating and transportation fuels will be required to purchase allowances for emissions. The state says the cap-and-invest program will incentivize consumers, businesses, and others to transition to lower-carbon alternatives. It calls for electrifying nearly everything — from buildings to vehicles with a mix of mandates and incentives.

In this episode of Greenberg Traurig's E2 Podcast, Steven Russo, co-chair of the firm's Environmental Practice and Chair of its New York Environmental Practice, is joined by Todd Kaminsky, Shareholder, and Jane McLaughlin, Of Counsel, in Greenberg Traurig's Government Law & Policy Practice to discuss the New York State Climate Action Council's adoption of the final scoping plan, which will serve as a roadmap to achieve the climate change mandates set forth in New York's landmark climate law – the Climate Leadership and Community Protection Act (CLCPA).

In Part 2B of Greenberg Traurig Environmental Shareholder David Mandelbaum's conversation with William Hengemihle of FTI Consulting on Superfund allocation disputes under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the federal program for cleaning up sites contaminated by historic operations, they discuss fault and when it may trump cost causation, "transactional fairness," use of contracts experts, cooperation, and recalcitrance.

Greenberg Traurig Environmental Shareholder David Mandelbaum is joined by William Hengemihle of FTI Consulting for a second conversation on Superfund allocation disputes under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the federal program for cleaning up sites contaminated by historic operations. In Part 2A, David and Bill discuss building a suggested allocation methodology, and advocating the choice among alternative methodologies for the same case.