carbon capture and storage

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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.

By Nikki Buffa, Jennifer Roy, Joshua Bledsoe, and Samantha Yeager

The US Environmental Protection Agency (EPA) has proposed a significant regulatory change that could expedite the development of carbon capture and storage (CCS) projects in West Virginia. A proposed rule published on November 27, 2024 would grant the West Virginia Department of Environmental Protection (WVDEP) primary enforcement authority, or “primacy,” for permitting Class VI Underground Injection Control (UIC) wells. These wells are used for geologic sequestration of anthropogenic carbon dioxide, which has been identified as a key component in meeting greenhouse gas emissions reductions targets and advancing energy security.

On December 28, 2023, EPA granted primacy to Louisiana. Louisiana is the third state to receive this delegation of regulatory authority from the EPA, following North Dakota in 2018 and Wyoming in 2020. If West Virginia ultimately is granted primacy, it will become the fourth state to have Class VI UIC well permitting authority.

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The key principles for a Carbon Management Strategy and draft act on the revision of the Carbon Storage Act create new opportunities for investors and project developers.

By Tobias Larisch, Alexander “Stefan” Rieger, John-Patrick Sweny, Jean-Philippe Brisson, and Joachim Grittmann

The German Federal Government’s Carbon Management Strategy and the revision of the Carbon Storage Act (Kohlendioxid-Speicherungsgesetz, KSpG) aim to remove current obstacles to (i) Carbon Capture and Storage (CCS) and (ii) Carbon Capture and Utilisation (CCU)…

William Jefferson Clinton Federal Building In Washington DC

EPA’s transfer of primary enforcement authority to states for carbon capture and storage projects may decrease permitting delays but raise legal questions.

By Nikki Buffa, Joshua Bledsoe, Jennifer Roy, Michael Dreibelbis, Brian McCall, Austin Wruble, and Sam Wong

Louisiana has become the third state in the United States to receive primacy from the US Environmental Protection Agency (EPA), allowing it to assume permitting authority for carbon capture and storage (CCS) projects. EPA granted primacy…