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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, and Joshua Bledsoe

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.

Modern building facade

South Korea’s Constitutional Court has issued a “first of its kind” decision in Asia, requiring South Korea to update its greenhouse gas reduction targets.

By Paul A. Davies, Wonsuk (Steve) Kang, Michael D. Green, James Bee, Stephanie Forrest, and Jiou (Alex) Park

On 29 August 2024, South Korea’s Constitutional Court (the Court) ruled unanimously that a provision of the 2021 Framework Act on Carbon Neutrality and Green Growth for Coping with Climate Crisis (the Framework)…

buildings and green

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)…

California Aqueduct

State and federal officials move forward plans and policies for water conservation, conveyance, and climate resilience.

By Michael G. Romey, Lucas I. Quass, John Detrich, Cody M. Kermanian, and Julie Miles

The winter of 2022-23 brought historic levels of precipitation to California after years of deep drought, dwindling reservoirs, and groundwater depletion. In the first quarter of 2023, most of the state received rainfall exceeding historic averages, with some areas experiencing 200%, or even 300% of average levels. According to the US Drought Monitor, the state is currently drought-free, although some regions are still considered abnormally dry. Despite heavy precipitation over the past year, California’s drought resilience remains in question, as critical infrastructure projects face staunch opposition and climate change increases the likelihood of extreme and prolonged droughts. Regulators and water managers had a busy 2023 as they grappled with persistently low groundwater levels, planned for additional water storage and conveyance, and continued to advance water conservation initiatives.

This blog post summarizes key actions taken by state and federal officials in 2023 with respect to California’s water supply and provides an outlook for 2024.

The Commission is also consulting on proposed targeted amendments to the Taxonomy Climate Delegated Act and on the Taxonomy Disclosures Delegated Act.

By Paul A. Davies, Michael D. Green, and James Bee

On 5 April 2023 the European Commission opened a consultation on its proposal for four additional environmental objectives under the EU Taxonomy Regulation[1] (the Taxonomy), including: (i) sustainable use and protection of water and marine resources; (ii) transition to a circular economy; (iii) pollution prevention and control; and (iv) protection and restoration of biodiversity and ecosystems.

The Commission is seeking feedback on technical screening criteria (TSC) for economic activities that may substantially contribute to one or more of those four environmental objectives. The TSC do not only identify the technical requirements that an activity must meet to be considered to make a substantial contribution to one of these areas, they also specify the conditions by which the activities can be considered to not do any significant harm to the remaining areas.

The Commission has already adopted TSC related to the economic activities of two other environmental objectives: climate change mitigation and climate change adaptation.

The Commission is also proposing amendments to the Taxonomy Climate Delegated Act, introducing additional activities that may be considered to substantially contribute to climate change mitigation or climate change adaptation, as well as the Taxonomy Disclosures Delegated Act.