CCUS: Understanding The Class VI Permitting Process
On July 17, 2024, Pennsylvania joined a growing number of states establishing a legal framework for the underground storage of carbon dioxide. Carbon capture and underground sequestration (“CCUS”) is promoted as a technology...more
In a published decision filed September 6, 2024, the First District Court of Appeal (Div. 5) reversed the trial court’s judgment granting a writ of mandate and upheld the use of CEQA’s Class 1 categorical exemption (CEQA...more
The U.S. Environmental Protection Agency (“EPA”) recently announced that it will be taking a hard look at the Texas Railroad Commission’s (“RRC”) enforcement of injection well regulatory practices (or the lack thereof). The...more
On July 26, 2024, as part of the Colorado Energy and Carbon Management Commission’s (CECMC) ongoing efforts to obtain primacy to regulate Class VI wells for long term carbon sequestration under the U.S. Environmental Agency’s...more
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
Since the US Environmental Protection Agency (EPA) granted Louisiana primary enforcement authority over Class VI underground injection wells, there have been a number of legislative developments aimed at regulating carbon...more
In furtherance of the U.S. Environmental Protection Agency’s PFAS Strategic Roadmap, which our firm has written about frequently, the EPA released an updated guide on destroying and disposing of PFAS....more
On May 26, the Illinois legislature passed comprehensive carbon capture, utilization, and sequestration (CCUS) legislation. CCUS involves the capture of carbon dioxide directly from ambient air or uses processes to separate...more
On April 8, the US Environmental Protection Agency (EPA) issued interim guidance for public comment regarding the destruction and disposal of per- and polyfluoroalkyl substances (PFAS). Below, we discuss the guidance and...more
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
In Plum Borough v. Zoning Hearing Board of the Borough of Plum,____ A.3d ____ , No. 1198 CD 2022 (Pa. Commw. Ct. Jan. 29, 2024), the Pennsylvania Commonwealth Court vacated the grant of a special exception to Penneco...more
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
Executive Summary - The State of Louisiana recently achieved a significant milestone in the regulation of the carbon capture and sequestration (CCS) industry by obtaining primary enforcement authority (primacy) over Class...more
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
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
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
Recently, the United States Environmental Protection Agency ("EPA") signed a final rule granting the State of Louisiana's request for primary responsibility for the permitting, compliance, and enforcement of Class VI (deep...more
Iskandia Operating Inc. v. SWEPI, LP d/b/a Shell Western E & P reversed summary judgment for the defendant in a subsurface trespass claim involving injection of large amounts of produced water....more
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
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
In 2016, through a voter initiative called Measure Z, the people of Monterey County, California, enacted a ban on two features of oil and gas operations. One was a ban on injecting or impounding wastewater from operations....more
In Volume 48, Number 26 of the Texas Register, the Railroad Commission of Texas (RRC) published proposed amendments to 16 Texas Administrative Code Chapter 5 (relating to Carbon Dioxide and related storage activities). These...more
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
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
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