Special Institute on Carbon Capture, Utilization and Storage

On March 7, 2024, Senior Policy Advisor Shane Schulz and Shareholders Courtney Shephard and Affie Ellis presented at the Foundation for Natural Resources and Energy Law’s Carbon Capture, Utilization, and Storage conference in Houston, Texas.

Courtney presented an overview of state and federal regulatory frameworks for developing critical CCUS infrastructure, including a primer on permitting Class VI underground injection control wells and considerations for siting of CO₂ pipelines. Three states have been granted primacy for Class VI permits—North Dakota, Louisiana, and Wyoming—and several other states are pursuing primacy, including Arizona, Texas, and Colorado. Congress appropriated billions of dollars to support Class VI permitting and CO₂ pipeline build-outs under the 2021 Infrastructure Investment and Jobs Act and the 2022 Inflation Reduction Act.

Together, Shane Schulz and Affie Ellis spoke regarding President Biden’s “Justice40” initiative which began in 2021. The goal of Justice40 is to provide benefits to vulnerable communities that have been deemed to be underinvested in when it comes to clean energy and climate change.

CCUS is not a new concept, but it has not been met without hurdles. Companies expanding their CCUS projects must know how to positively engage with communities and landowners when developing their projects.

Another hurdle that these companies face is working with federally recognized tribes. Tribes can administer environmental programs under the “treatment as a state” provisions of environmental laws such as the Clean Air Act and Clean Water Act, giving them greater autonomy as separate sovereigns.

To learn more about the Special Institute on Carbon Capture Utilization and Storage Institute, click here.

THIS DOCUMENT IS INTENDED TO PROVIDE YOU WITH GENERAL INFORMATION REGARDING FEDERAL ACTION ABOUT THE 2024 SPECIAL INSTITUTE ON CARBON CAPTURE, UTILIZATION, AND STORAGE SPECIAL INSTITUTE. THE CONTENTS OF THIS DOCUMENT ARE NOT INTENDED TO PROVIDE SPECIFIC LEGAL ADVICE. IF YOU HAVE ANY QUESTIONS ABOUT THE CONTENTS OF THIS DOCUMENT OR IF YOU NEED LEGAL ADVICE AS TO AN ISSUE, PLEASE CONTACT THE ATTORNEYS LISTED OR YOUR REGULAR BROWNSTEIN HYATT FARBER SCHRECK, LLP ATTORNEY. THIS COMMUNICATION MAY BE CONSIDERED ADVERTISING IN SOME JURISDICTIONS.