News & Analysis as of

Carbon Capture and Sequestration Underground Injection Wells

Latham & Watkins LLP

EPA Proposes Granting West Virginia Primacy for Class VI Wells

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The proposal represents a step forward for carbon capture and storage projects in the state and could accelerate the permitting process. The US Environmental Protection Agency (EPA) has proposed a significant regulatory...more

Oliva Gibbs LLP

Carbon Copy: Pennsylvania’s CO2 Storage Plan Breaks New Ground

Oliva Gibbs LLP on

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

Polsinelli

Proposed Rules for Class VI UIC Permits through the Colorado Energy and Carbon Management Commission

Polsinelli on

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

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

Mayer Brown

An Update on Carbon Capture Legislation Following Louisiana’s 2024 Regular Legislative Session

Mayer Brown on

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

ArentFox Schiff

Illinois Passes Comprehensive Law Governing Carbon Capture, Utilization and Sequestration Projects in Illinois

ArentFox Schiff on

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

Vinson & Elkins LLP

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

Vinson & Elkins LLP on

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

Mayer Brown

State of Louisiana Granted Primacy Over Class VI Wells

Mayer Brown on

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

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

Latham & Watkins LLP on

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

Hinshaw & Culbertson LLP

U.S. EPA Grants Louisiana Primacy for Class VI Geologic Sequestration Wells: What's Next?

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

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

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

Houston Harbaugh, P.C.

Regulating Underground Injection Wells for Carbon Sequestration in Pennsylvania

If carbon in the atmosphere is a problem, and that atmospheric carbon resulted from burning fossil fuels like coal, oil and gas, then a simple solution is to remove the carbon from the atmosphere and to put it back into the...more

BakerHostetler

Litigation over Injection Wells Threatens to Stall Carbon Sequestration Project in Louisiana

BakerHostetler on

​​​​​​​As carbon capture and sequestration (CCS) projects proliferate across America, hints of conflict around the relatively new and large-scale business endeavors are beginning to appear. On Tuesday, Oct. 18, international...more

Houston Harbaugh, P.C.

Pore Space Ownership: The North Dakota Supreme Court Issues Landmark Decision

Houston Harbaugh, P.C. on

Let’s assume you own a 93-acre farm in Tioga County. In 1986 your grandfather sold the oil and gas rights to his neighbor, John Mize. In the early 1990’s, Mr. Mize signed an oil and gas lease with XYZ Drilling. Several years...more

BakerHostetler

California Legislature Passes Bills to Create Regulatory Framework for Carbon Capture Projects

BakerHostetler on

After significant lobbying by California Governor Gavin Newsom, the California Legislature passed a flurry of climate bills last week and approved nearly $54 billion in climate spending. Included in the suite of bills sent to...more

Bricker Graydon LLP

Governor DeWine signs legislation for Ohio to seek primacy over class VI injection wells for carbon sequestration

Bricker Graydon LLP on

On April 21, 2022, Governor DeWine signed into law House Bill 175. House Bill 175 includes a provision requiring the Ohio Department of Natural Resources to begin the process of seeking primacy over Class VI injection wells...more

Opportune LLP

CCUS: Understanding The Class VI Permitting Process

Opportune LLP on

Steve Hendrickson, President, and John Beaird, Vice President, of Ralph E. Davis Associates, an Opportune LLP company, discuss why the Class VI permitting process with state and federal regulators for carbon capture,...more

Opportune LLP

Navigating The Class VI Injection Permit Process For Carbon Sequestration

Opportune LLP on

Developing a carbon sequestration project requires multiple technical disciplines, excellent project management skills, and the ability to adapt the technical work processes to the unique aspects of the specific project....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

Mayer Brown

US – Storing CO2 And Lowering Emissions (SCALE) Act

Mayer Brown on

On March 17, 2021, U.S. Senators Chris Coons (D-Del.) and Bill Cassidy, M.D. (R-La.) and U.S. Representatives Marc Veasey (D-Texas) and David McKinley (R-W.Va.) introduced the Storing CO2 And Lowering Emissions (SCALE) Act. ...more

Snell & Wilmer

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

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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

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