Carbon Management
Comprehensive counsel to address rapidly changing climate laws
As the energy transition progresses and the carbon management market continues to expand, we provide guidance, legal advice and a relationship network to successfully navigate the evolving regulatory and legal landscape of carbon reduction initiatives. We help leverage opportunities to develop, finance, permit, construct and operate capture, transportation and sequestration projects across the western United States.
Western states are at the forefront of developing innovative solutions to manage and monetize carbon and greenhouse gas management projects. As decarbonization efforts ramp up, We position project developers, regulators, public officials, infrastructure and energy companies, and landowners for success. Our team has cross-disciplinary experience in traditional energy production, carbon capture, transportation, storage, permitting, public lands, tax benefits, funding opportunities, community engagement and government relations.
Our experience
Our Areas of Focus
- EPA and State Class VI UIC permitting
- NEPA and CEQA reviews
- Comprehensive statutory experience, including Endangered Species Act, Clean Air Act, Clean Water Act (including Section 404) and National Historic Preservation Act
- Permitting and other approvals to build and operate on federal and tribal lands
- Lease and easement agreements
- Administrative rulemaking, compliance and enforcement
- Local, state and federal government relations strategies including a proven track record of success with Congressional representatives, Department of Energy, Environmental Protection Agency, Department of the Treasury and the Internal Revenue Service
- Environmental justice
- Landowner and community engagement plans
- Tax credits and financing opportunities
- Monetization strategies (transferability and direct-pay for federal tax credits)
- Carbon credit trading programs
- SEC disclosures
- Corporate ventures, transactions, mergers and acquisitions
Transportation, Injection & Storage
- Negotiating and drafting land use approvals
- Subsurface vs. mineral uses
- Negotiating pore space leases
- Permitting new pipelines
- Repurposing existing pipelines
- Pooling and unitization
- Plugging, abandonment, remediation and reclamation
- Release strategies and management
Tax & Financing Opportunities
- Clean-energy investment and production credits
- Expanded credits for carbon sequestration and utilization, including direct-air capture; and advanced manufacturing credit for energy components and critical minerals
- Tax-efficient structures that minimize exposure and maximize return
- Structuring complex deals, including mergers and acquisitions, real estate and private equity transactions
Nature-Based Solutions
- Forest management
- Bioenergy and biomass projects
- Regenerative agriculture
- National Forest System (NFS) lands
Bolstering Permanent Carbon Sequestration Projects in Wyoming
Brownstein’s Wyoming Government Relations team secured the passage of amendments to a bill that will create hundreds of jobs, income for landowners and millions in tax revenue for both counties and the state. Working with a coalition of stakeholders—landowners, the oil and gas industry, the Wyoming Oil and Gas Conservation Commission, and the Wyoming Department of Environmental Quality—Brownstein succeeded in amending language in HB0032 to help carbon storage developers and landowners build out projects for permanent carbon sequestration. Beyond clarifications around pore space utilization and landowner protections, the updated bill also provides new opportunities for the medical and food and beverage industries needing access to industrial grade CO2 to co-locate near storage fields.
