News & Analysis as of

Carbon Capture and Sequestration Underground Injection Wells Environmental Protection Agency (EPA)

Latham & Watkins LLP

EPA Proposes Granting Arizona Primacy for All Classes of Injection Wells

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The proposal could accelerate the permitting process for projects in the state, including carbon capture and storage (CCS) projects....more

Holland & Knight LLP

The Path to Class VI Primacy in Texas: MOA Reveals State and Federal Priorities for Program

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Stakeholders following developments in states obtaining primary authority for implementation and enforcement of permitting of carbon storage and sequestration wells, take notice. With a recent Memorandum of Agreement between...more

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

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

Oliva Gibbs 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

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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

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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

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

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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

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

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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

Bricker Graydon LLP

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

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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

Navigating The Class VI Injection Permit Process For Carbon Sequestration

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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

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

Stoel Rives LLP

North Dakota’s UIC Class VI Primacy Wait is Almost Over

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The U.S. Environmental Protection Agency (EPA) is poised to approve North Dakota’s application for primary enforcement authority over the underground injection of CO2 for geologic sequestration in that state. Nearly four...more

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