News & Analysis as of

Safe Drinking Water Act Underground Injection Wells

Oliva Gibbs LLP

Environmental Justice Groups Challenge EPA’s Grant of Primacy to Louisiana for Class VI Injection Wells Relative to Carbon...

Oliva Gibbs LLP on

Several industries in the United States are expanding the use of injecting captured carbon dioxide (CO2) into deep underground wells (or geologic formations). The impetus of this carbon capture and sequestration (CCS)...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Underground Injection Control: U.S. EPA Environmental Appeals Board Petition Filed Addressing Allegheny County, Pennsylvania...

Two individuals filed a Petition for Review (“Petition”) before the United States Environmental Protection Agency (“EPA”) Environmental Appeals Board (“Board”) challenging an Underground Injection Control (“UIC”) Class II-D...more

Vinson & Elkins LLP

CCS Permitting Roundup: EPA Grants Louisiana Permitting Primacy But Challenges Remain

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On December 28, 2023, the U.S. Environmental Protection Agency (“EPA”) granted Louisiana primary enforcement authority (“primacy”) under the federal Safe Drinking Water Act’s (“SDWA”) Underground Injection Control (“UIC”)...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Carbon Sequestration/Class VI Underground Injection: U.S. EPA Environmental Appeals Board Petition Challenging Two Indiana Permits

Four individuals filed a February 22nd document before the United States Environmental Protection Agency (“EPA”) Environmental Appeals Board (“EAB”) styled: Petition for Review by Andrew Lenderman, Ben Lenderman, Floyd...more

Latham & Watkins LLP

EPA Grants Louisiana Class VI Primacy

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EPA’s transfer of primary enforcement authority to states for carbon capture and storage projects may decrease permitting delays but raise legal questions. Louisiana has become the third state in the United States to...more

Pillsbury Winthrop Shaw Pittman LLP

And Then There Were Three: Louisiana Granted Primacy over Class VI Wells

Louisiana is the third state granted authority to permit and regulate Class VI underground injection control (UIC) wells, marking a significant step forward for these projects. The Environmental Protection Agency (EPA)...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Underground Injection Control/Class II-D: Three Rivers Waterkeeper U.S. EPA Environmental Appeals Board Challenge to Allegheny...

Protect PT and Three Rivers Waterkeeper (collectively, “Three Rivers”) filed a document before the United States Environmental Protection Agency (“EPA”) Environmental Appeals Board styled: Petition for Review by Protect...more

Vinson & Elkins LLP

Texas Crawls Towards Primacy for CCS Permits

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Carbon capture and sequestration (“CCS”) projects represent a critical pillar in many companies’ strategies to navigate the low-carbon transition. However, the U.S. Environmental Protection Agency’s (“EPA”) delays in issuing...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Safe Drinking Water Act Enforcement: U.S. Attorney's Office (Eastern District New York) Enters into Civil Settlement with County...

The United States Attorney for the Eastern District of New York (“AUSA”) entered into Consent Decree and Judgment (“Decree”) with the County of Suffolk, New York, and the following: Suffolk County Department of Parks and...more

Bracewell LLP

EPA’s Proposal to Grant Class VI Primacy to Louisiana – Availability of Application Documents

Bracewell LLP on

On May 4, 2023, the US Environmental Protection Agency (EPA) published its proposal to approve revision of Louisiana’s Safe Drinking Water Act (SDWA) Underground Injection Control (UIC) program to add Class VI injection well...more

Akin Gump Strauss Hauer & Feld LLP

EPA Announces Intent to Approve Class VI Primacy for Louisiana

The U.S. Environmental Protection Agency (EPA) announced its intent to approve the State of Louisiana’s request to take primary responsibility for the permitting of geologic carbon sequestration facilities as Class VI...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Safe Drinking Water Act/Underground Injection Well Enforcement: U.S. Environmental Protection Agency and El Centro, California,...

The United States Environmental Protection Agency (“EPA”) and Imperial Irrigation District (“IID”) entered into an April 11th Consent Agreement and Final Order (“CAFO”) addressing alleged violations of the Safe Drinking Water...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Class II Injection Well Permitting: Earthjustice Petitions U.S. Environmental Protection Agency to Revoke Ohio's Delegated Program

Earthjustice (“EJ”) filed an October 11th document titled: Petition to Determine by Rule that Ohio’s Class II Injection Well Permitting Program No Longer Represents an Effective Program to Prevent Underground Injection...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Safe Drinking Water Act Enforcement: U.S. Environmental Protection Agency Final Administrative Order to Osage County, Oklahoma,...

The United States Environmental Protection Agency (“EPA”) issued a Final Administrative Order (“Order”) to McCann Resources, Inc. (“MRI”) for alleged violations of the Safe Drinking Water Act (“SDWA”) Underground Injection...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Underground Injection/Safe Drinking Water Act Enforcement: U.S. Environmental Protection Agency and Michigan Well Operator Enter...

The United States Environmental Protection Agency (“EPA”) and Lambda Energy Resources, LLC (“Lambda”) entered into a Consent Agreement and Final Order (“CAFO”) addressing alleged violations of the Safe Drinking Water Act...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Underground Injection Control/Safe Drinking Water Act Enforcement: U.S. Environmental Protection Agency and Arenac County,...

The United States Environmental Protection Agency (“EPA”) and Sterling Operators, Inc., (“Sterling”) entered into a July 16th Consent Agreement and Final Order (“CAFO”) addressing alleged violations of the Safe Drinking Water...more

Mitchell, Williams, Selig, Gates & Woodyard,...

UIC Enforcement: U.S. Environmental Protection Agency and Allegan County, Michigan Class II Injection Well Operator Enter into...

The United States Environmental Protection Agency (“EPA”) and Bruce Alan Enterprises, Inc., (“BAEI”) entered into a Consent Agreement and Final Order (“CAFO”) addressing alleged violations of certain Safe Drinking Water Act...more

Opportune LLP

Comparing Underground Natural Gas Storage With Deep Saline Injection Of Carbon Dioxide

Opportune LLP on

Find out why underground natural gas storage can serve as a useful analog when developing large-scale carbon capture and sequestration projects....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Underground Injection Control: U.S. EPA Environmental Appeals Board Addresses Challenge to Class II Permit Renewal

The United States Environmental Protection Agency (“EPA”) Environmental Appeals Board (“EAB”) addressed in a May 6th Decision a Petition challenging the renewal of a Class II Underground Injection Control (“UIC”) permit. See...more

Snell & Wilmer

Who Owns Pore Space for Geologic Carbon Sequestration? Renewed Focus on Carbon Capture and Storage Likely to Bring Ownership...

Snell & Wilmer on

The omnibus appropriations legislation passed by Congress in December 2020 contained notable bipartisan energy initiatives, including extension of tax incentives for renewable energy development, energy efficiency, and energy...more

Mitchell, Williams, Selig, Gates & Woodyard,...

U.S. EPA Environmental Appeals Board: Petition Filed Challenging Class III/Class V Underground Injection Permits for South Dakota...

The Oglala Sioux Tribe (“Petitioner”) filed a December 24th Petition for Review (“Petition”) challenging the United States Environmental Protection Agency’s (“EPA”) issuance of an underground injection control (“UIC”) Class...more

Stoel Rives - Environmental Law Blog

Oil & Gas Related Bills Update for the 2019-2020 Legislative Session

Stoel Rives’ Oil & Gas Team has been monitoring bills introduced by California legislators since the beginning of the 2019-2020 Legislative Session. Below is the latest update on a list of bills, summarized pursuant to the...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Citizen Suit Enforcement/Safe Drinking Water Act: Center for Biological Diversity Notice of Intent to Sue U.S. Environmental...

The Center for Biological Diversity (“CBD”) sent a July 25th 60-day Notice of Intent to Sue (“Notice”) to the United States Environmental Protection Agency (“EPA”) alleging a violation of the Endangered Species Act (“ESA”). ...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Challenge to UIC Class II Permit: April 29th U.S. EPA Environmental Appeals Board Decision

The United States Environmental Protection Agency (“EPA”) Environmental Appeals Board (“EAB”) addressed in an April 29th decision a challenge to an underground injection control (“UIC”) Class II Permit (“Permit”) that had...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Underground Injection Control/Safe Drinking Water Act Enforcement: U.S. Environmental Protection Agency and Crawford County,...

The United States Environmental Protection Agency (“EPA”) and Dart Oil & Gas Corporation (“Dart”) entered into a November 29th Consent Agreement and Final Order (“CAFO”) addressing alleged violations of certain underground...more

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