CCUS Projects & Environmental Law: The US Regulatory Landscape

CCUS Projects & Environmental Law: The US Regulatory Landscape

January 16-17, 2024 | Online :: Central Time

Carbon capture, sequestration, utilization, and storage (CCUS) will be essential in meeting net-zero GHG emission goals. Although Congress has accelerated CCUS as a national decarbonization strategy with billions in new investments, CCUS projects still face many obstacles in the U.S., and current federal environmental laws and regulations may often impede progress. The permitting and regulatory approvals needed for a CCUS project are complex and may require a multitude of federal, state, and local authorizations. The precise mix of environmental permits, authorizations, and/or reviews needed will be project specific. 

EUCI’s CCUS Projects & Environmental Law course will equip you with the details needed to understand the environmental regulatory requirements and landscape for a CCUS project. Register now for this course to get an in-depth picture of the laws and regulations that may affect CCUS projects and pipelines needed for large-scale CCUS projects.

Learning Outcomes

This virtual forum will provide attendees an opportunity to:

  • Develop an understanding of the environmental laws and requirements affecting CCUS projects
  • Examine the legal framework controlling CCUS project development
  • Review NEPA requirements for CCUS projects
  • Analyze UIC permitting for CCUS projects
  • Define Clean Water Act (CWA) requirements for CCUS projects
  • Discuss how best to account for Environmental Justice (EJ) directives and policies in CCUS project planning
  • Develop an understanding of the emerging regulatory frameworks for safety oversight of pipelines transporting CO2
  • Learn about financing, tax, and credit incentives for CCUS
  • Discuss best practices for managing environmental permitting and assessment deadlines

Agenda

Tuesday, January 16, 2024: Central Time

8:45 – 9:00 a.m.
Log In and Welcome

12:30 – 1:30 p.m.
Lunch Break

9:00 a.m. – 5:00 p.m.
Course Timing

 

9:00 – 10:30 a.m. :: Overview of Environmental Regulations Affecting CCUS

The permitting of a CCUS project is complex and may require a combination of federal, state, and local permits or authorizations. For federal review, a project may require Clean Air Act permits, an Underground Injection Control permit, and a Clean Water Act permit, among others. For offshore projects, a CCUS project will need to comply with the Marine Protection, Research and Sanctuaries Act (MPRSA) and the Outer Continental Shelf Lands Act (OCSLA). CCUS projects on federal lands, supported by federal funds, or that require certain federal permits and authorizations, must also comply with NEPA, Section 7 of the Endangered Species Act (ESA), and the National Historic Preservation Act. This section will detail how CCUS developers must navigate the complex patchwork of state and local laws and regulations.

Fred Eames, Partner, Hunton Andrews Kurth

Chuck McConnell, Energy Center Officer, Center for Carbon Management and Energy Sustainability, University of Houston

Mike Moore, Program Director, U.S. Energy Association

10:30 – 11:30 a.m. :: National Environmental Policy Act (NEPA) 

CCUS projects in the United States may receive federal funding, whether they are in development or fully operational. NEPA is triggered if federal funding involves significant federal control or influence over the use of funds. Recently, the federal government has taken actions to facilitate NEPA reviews for CCUS projects. CEQ’s second NEPA regulatory revision is expected later this year, which could further complicate the NEPA review process.  This session will cover: 

  • NEPA Applicability
  • The NEPA Process
  • NEPA Exclusions
  • Recent NEPA Revisions

Jason Hill, Counsel, Hunton Andrews Kurth

Michelle Ann Williams, Senior Attorney, Hunton Andrews Kurth

11:30 a.m. – 12:30 p.m. :: Compliance with the Clean Water Act (CWA) 

A federal permit may be required under the Clean Water Act if a CCUS project or pipeline crosses water or wetlands. The Army Corps of Engineers issues permits for discharge of dredge or fill materials under Section 404 of the Clean Water Act. Section 404 requires a permit for any utility line crossing that requires the discharge of dredge or fill materials into “waters of the U.S.” This panel will discuss key issues with respect to CWA regulation and permitting of CCUS projects, including state assumption of CWA Section 404 programs and the potential use of Nationwide Permits and other general permits to expedite the permitting process.

Brian Levey, Counsel, Hunton Andrews Kurth

Julia Casciotti, Associate, Hunton Andrews Kurth

12:30 – 1:30 p.m. :: Lunch Break

1:30 – 2:30 p.m. :: Accounting for Environmental Justice in CCUS Project Planning

Under recent Executive Orders and agency policies, identifying and addressing environmental justice communities has become an important consideration in CCUS project planning.  This panel will provide an overview of the current state of law and policy with respect to environmental justice (EJ) considerations in infrastructure planning, in particular CCUS project development.

Kerry McGrath, Partner, Hunton Andrews Kurth

Julia Casciotti, Associate, Hunton Andrews Kurth

2:30 – 3:45 p.m. :: Pipeline Safety Oversight for CCUS Projects

Attendees will examine the Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA) oversight of interstate carbon dioxide pipelines. The PHMSA’s Office of Pipeline Safety regulates the design, construction, operation, maintenance, and spill response planning for regulated pipelines. This panel will discuss PHMSA’s current regulatory initiative to updated its safety standards for interstate carbon dioxide pipelines and corresponding state efforts with respect to intrastate pipelines.

Clare Ellis, Counsel, Hunton Andrews Kurth

James Curry, Managing Shareholder, Babst Calland

3:45 – 5:00 p.m. :: Navigating Underground Injection Control Permitting

The Safe Drinking Water Act requires the EPA to establish rules to protect underground sources of drinking water. The EPA developed the Underground Injection Control (UIC) program, which sets rules for operating underground injection wells. EPA has regulations and minimum federal requirements for six classes of injection wells. CCUS projects fall within two primary UIC well classes: Class II and Class IV.

This panel will discuss developments with respect to UIC permitting for CCUS projects, challenges faced by EPA Regions in processing permit applications, and best practices for expediting the permitting process.

Sam Brown, Partner, Hunton Andrews Kurth

Morgan Canezaro, Geologist, WSP USA

Don Yezerski, PG, Lead Geologist, WSP USA

Wednesday, January 17, 2024 : Central Time

8:45 – 9:00 a.m.
Log In

9:30 a.m. – 12:00 p.m.
Course Timing

 

9:30 – 10:30 a.m. :: Financing, Tax, and Credit Issues for CCUS Projects

Key incentives for CCUS project development including tax credits and marketable credits created under recent federal and state legislation. This session will discuss recent developments under the tax code, as well as the evolving landscape of CCUS project structuring and finance.

Jason Eisenberg, Associate, Hunton Andrews Kurth

10:30 a.m. – 12:00 p.m. :: Best Practices for Navigating Permitting & Regulation

Attendees will get a detailed look at how to best navigate the evolving legal landscape of CCUS deployment. Permitting and deployment of CCUS will require careful and strategic consideration of the legal framework while it is being tested and is still evolving. This session will deliver:

  • Targeted resources for expediting EPA review
  • Accelerating the primacy approval process
  • Managing permitting timelines effectively

Jason Hill, Counsel, Hunton Andrews Kurth

12:00 p.m. :: Course Adjourns

Instructors

Clare Ellis, Counsel, Hunton Andrews Kurth

Clare counsels clients on environmental and other regulatory matters, with a focus on transportation and energy project planning and execution. Clare has experience in an array of regulatory matters related to transportation and energy industry project permitting, construction, recordkeeping and regulatory compliance. She has assisted a diverse set of clients—from pipeline developers to public transportation authorities—to understand the implications of regulatory, statutory, and permitting requirements for the delivery of infrastructure projects. She is well-versed in a broad spectrum of environmental and transportation regulatory programs and frequently works with clients in interfacing with federal oversight agencies, including PHMSA, FERC, EPA, FHWA, FTA, and their state counterparts.


Jason Hill, Counsel, Hunton Andrews Kurth

Jason has over 20 years of experience in the environmental and natural resources space. With a background in administrative law, as it relates to energy and mineral resource issues, Jason provides guidance on compliance with the Surface Mining Control and Reclamation Act (SMCRA), National Environmental Policy Act (NEPA), Endangered Species Act (ESA), Federal Oil and Gas Royalty Management Act (FOGRMA), the Mineral Leasing Act (MLA), and the Outer Continental Shelf Lands Act (OCSLA).

Jason’s understanding of regulations and the agencies that enforce them stems from his government experience. He served in several high-ranking positions at the Department of the Interior (DOI), including as the immediate former Chief Administrative Judge of the Interior Board of Land Appeals, former Deputy Solicitor for Energy & Mineral Resources, and former senior counselor for the Bureau of Land Management (BLM). Jason also served as a trial attorney at the Department of Justice (DOJ) in the Natural Resources Section of the Environment & Natural Resources Division for a decade.

Guest Speakers:

Michael Moore, Program Director, U.S. Energy Association

Mike Moore serves as a Program Director for USEA. He is also a managing partner of East-West Strategic Advisors, located in Washington, D.C. and focuses on energy assets, sovereign energy security, CO2-EOR, CO2 Storage, CCS/CCUS, carbon markets, social & environmental awareness and domestic/international energy policy. He was appointed by U.S. Energy Secretary Perry to the National Coal Council for 2018-2020 term and Secretary Brouillette for 2020-2022, is the Executive Director to the National Tribal Energy Association and the Waste Gas Capture Initiative. Mike was the Executive Director of The North American Carbon Capture Storage Association (NACCSA) in Washington, DC from September 2008 until April 2017, and a founding member and officer in the Texas Carbon Capture Association (TXCCSA). Over the past 30 years Mike has been directly involved in (domestic and international): carbon monetization projects and related asset development, CO2-EOR, low carbon projects, CO2 storage, policy & regulatory issues, and natural gas storage development utilizing depleted oil and gas reservoirs; the commercialization of gas storage capacity, interconnection agreements, permitting, land use, gas storage contracts, financing etc.; transacted with utilities, industrials, pipelines, producers and financial house; spent considerable time on policy and regulatory issues Federal and state; and he worked in and developed opportunities in the deregulated telecom, electricity and natural gas markets. His additional experience includes: Stakeholder participation in several hydrogen production, CO2 storage, CO2 capture, plastics destruction, voluntary carbon markets, digital currency/blockchain, communications/electronic trading platforms which included management/operations, money raising and client development; partner and producing broker in deregulated power, data and consulting; crude oil market broker facilitating transactions in the physical and financial markets.


Chuck McConnell, Executive Director, Carbon Management and Energy Sustainability, University of Houston

Charles McConnell is the Energy Center Officer of the Center for Carbon Management and Energy Sustainability at the University of Houston. Prior to joining UH Energy, McConnell was the Executive Director of the Energy and Environment Initiative at Rice University. McConnell served as the Assistant Secretary of Energy in the US Department of Energy from 2011-13 and was responsible for the Office of Fossil Energy’s strategic policy leadership, budgets, project management, and research and development of the department’s coal, oil and gas, and advanced technologies programs, as well as for the operations and management of the U.S. Strategic Petroleum Reserve and the National Energy Technologies Laboratories.


James Curry, Managing Shareholder, Babst Calland

Jim Curry is the Managing Shareholder of the Firm’s Washington, D.C. office. Jim is an energy lawyer with years of experience in government service and private practice helping clients navigate difficult regulatory and strategic challenges throughout the energy sector. His clients include pipelines, utilities, energy producers, LNG terminals, investors, technology companies, chemical makers, and hydrogen infrastructure developers. Jim takes a pragmatic, business-minded approach, informed by an understanding of the energy markets and regulatory policy. Applying his experience from day-to-day safety regulatory counseling, dozens of enforcement matters, internal and government investigations, rulemakings, energy projects and in appellate litigation, Jim identifies and executes creative legal and strategic pathways to help clients achieve their objectives.

Jim started his career in energy and transportation safety as an attorney the U.S. Department of Transportation (DOT), Pipeline and Hazardous Materials Safety Administration (PHMSA). Since departing government service, he has broadened his practice to include counseling on other DOT modal safety programs, including the National Highway Traffic Safety Administration (NHTSA), Federal Railroad Administration (FRA), and Federal Motor Carrier Safety Administration (FMCSA). Jim also advises clients on National Transportation Safety Board (NTSB) accident investigations, Government Accountability Office (GAO) audits and in state regulatory proceedings. Through this cross-cutting safety regulatory work, he has developed first-hand experience with many energy-related national safety and engineering codes and standards, including those for pipelines, utility-scale battery energy storage systems, and LNG facilities. Together, these experiences have given Jim a unique understanding of safety and regulatory risk management, corporate safety culture and how each bears on credibility and the bottom line.

Jim serves as a member of the Firm’s Energy Management Team and in a number of its energy-related practice groups. He is a frequent speaker at energy conferences and has published numerous articles on energy law and policy.


Fred Eames, Partner, Hunton Andrews Kurth

Fred has been working on CCUS for 15 years. He represents clients on CCUS projects and strategy, and advocates for clients before federal agencies and Congress regarding rulemakings, permitting, and legislation. Fred has built trust by delivering solutions that blend a keen understanding of a client’s business with the law in question and the policy considerations that underpin it.

Clients trust Fred for his insightful and practical know-how acquired from years spent as Counsel to the US House of Representatives Energy and Commerce Committee, and his nearly 25 years in private practice advising industrial clients. That experience significantly enhances his energy and environmental advocacy, where he works on CCUS, climate change, electricity and energy policy, environmental risk management, cybersecurity, critical infrastructure and infrastructure permitting, and waste disposal issues.

Fred has spearheaded the formation of industry groups focused on the expansion of CCUS and currently chairs the CCUS Consortia’s Legal and Regulatory Committee. He is involved with several CCUS projects, has authored federal CCUS risk management and regulatory legislation, prepared comments on federal regulations, and drafted legislation for several states. He is a frequent speaker on CCUS issues.


Jason Eisenberg, Associate, Hunton Andrews Kurth

As a member of the firm’s tax practice, Jason advises clients on matters related to energy and renewable energy tax credits, including transactions involving section 45 production tax credits, section 48 investment tax credits and other renewable energy incentives.
Prior to joining the firm, Jason was a tax attorney for the IRS Office of Chief Counsel, where he advised taxpayer representatives regarding financial product tax issues and developed, drafted, and issued private letter rulings, regulations and responses to change in accounting method requests.

Jason represents developers and investors in connection with various energy and renewable energy projects, including transactions involving: section 45 production tax credits, section 48 investment tax credits for solar and wind projects, and section 45Q carbon capture tax credits.


Sam Brown, Partner, Hunton Andrews Kurth

Sam’s practice focuses on three core areas – navigating federal and state environmental laws, implementing sustainability and climate-related decarbonization strategies, and minimizing legal and reputational risks associated with project development and operations. He is a former attorney with EPA, in the Office of Regional Counsel in San Francisco (Region 9) and in New York (Region 2), and the Office of General Counsel in Washington, DC. He assists clients with complying with federal and state environmental laws, including compliance counseling, obtaining permits and other regulatory authorizations, project and transactional due diligence, and litigation. Sam is currently working on multiple carbon capture and sequestration (CCS) projects, including assisting with Safe Drinking Water Act (SDWA) Class VI Underground Injection Control permit applications. Sam focuses on developing and implementing corporate climate change-related strategies on the path toward decarbonization and reduction in greenhouse gas emissions. This includes climate mitigation-focused project development and climate-related adaptation concentrated on existing infrastructure and applicable legal frameworks. Sam advises clients on corporate social responsibility (CSR) and environmental, social, and corporate governance (ESG) risks. Sam also counsels clients on emerging trends associated with environmental justice, in the context of ESG but also associated with agency permitting, rulemaking, and enforcement.


Julia Casciotti, Associate, Hunton Andrews Kurth

Julia is an associate in the firm’s Washington, D.C. office. She brings experience supporting clients on environmental review and permitting for CCUS projects, including Class VI UIC permits and NEPA review. She also brings understanding around cross-cutting issues required for CCUS project approval, such as community engagement, tribal consultation, species concerns, and incorporation of environmental justice. Julia has specific experience with California regulatory requirements around CCUS projects, particularly navigating CEQA review led by local regulators, and federal reviews led by EPA Region 9. Overall, Julia is well-positioned to support on long-term CCUS hub projects involving many federal and state agencies and regulatory requirements.


Brian Levey, Counsel, Hunton Andrews Kurth

Brian advises clients on matters that arise under the Clean Water Act (CWA), Endangered Species Act (ESA), National Environmental Policy Act (NEPA) and other environmental statutes. He assists applicants in obtaining and defending federal permits for complicated energy and development projects. He has assisted on various permitting, regulatory, and litigation projects including supporting the Hunton environmental team in securing a Supreme Court victory with respect to Nationwide Permit 12, a general CWA permit; as well as assisting in several matters regarding CWA section 404 dredge and fill permits. Brian also has experience advising oil and gas companies with respect to compliance with ESA consultation and permitting obligations and related NEPA compliance issues. Additionally, Brian has experience advocating for clients by drafting comments on administrative rulemakings and engaging with federal agencies on the development of key policies. He represents a diverse set of clients, including companies and trade associations from a wide variety of industry sectors, including electric utilities, oil and gas, renewables, agriculture, mining, consumer products, housing and commercial development.


Kerry McGrath, Partner, Hunton Andrews Kurth

Kerry maintains a broad environmental practice, advising clients on all aspects of environmental permitting and compliance for complex projects and operations, including, among others, electric transmission, distribution, and other structures across federal lands, power generation facilities and renewable generation projects, manufacturing facilities, housing and development projects, mine projects, and pipelines and related facilities. Kerry regularly assists applicants in obtaining and defending federal permits for complicated energy and development projects, and serves as project counsel for a number of carbon capture, utilization and sequestration projects. Kerry also advises clients on the changing Environmental Justice requirements and best practices. She leads Hunton Andrews Kurth’s Environmental Justice practice.


Michelle Ann Williams, Senior Attorney, Hunton Andrews Kurth

As a former trial attorney with the US Department of Justice (DOJ) in the Environment and Natural Resources Division, Michelle-Ann assists clients in the defense of administrative decisions of federal agencies under the Administrative Procedure Act, environmental statutes, regulations, and executive orders, including the Department of the Interior’s energy-related programs. At DOJ, Michelle-Ann defended the Department of the Interior’s oil, gas and coal programs from challenges to the agency’s analyses of air quality impacts from particulate matter emissions, and climate change impacts from downstream greenhouse gas emissions, under the National Environmental Policy Act. Applying her deep agency experience, Michelle-Ann assist clients in regulatory, compliance, and litigation and enforcement matters that present particular challenges to energy companies. Michelle-Ann also previously clerked at the US Environmental Protection Agency, Office of Enforcement and Compliance Assurance, Waste and Chemicals Enforcement Division where she worked on matters involving the Resource Conservation and Recovery Act.


Don Yezerski, P.G., Lead Geologist, WSP

Don Yezerski is a licensed professional geologist and a Lead Consulting Geologist in the Regulatory Engineering & Geological Services (REGS) group. Don’s professional experience as a geologist spans the fields of injection well consulting, petroleum exploration and development, federal water resource management, and wellsite operations. His current responsibilities include geological characterization, technical writing, preparation of permits and petitions for non-hazardous and hazardous deep well injection, and communication with various state and federal regulatory agencies.

Online Delivery

We will be using Microsoft Teams to facilitate your participation in the upcoming event. You do not need to have an existing Teams account in order to participate in the broadcast – the course will play in your browser and you will have the option of using a microphone to speak with the room and ask questions, or type any questions in via the chat window and our on-site representative will relay your question to the instructor.

  • Microsoft recommends downloading and installing the Teams app if possible. You may also use the Edge browser or Chrome.
  • You will receive a separate email with a unique link to a personalized landing page which will include links to join all sessions of this event.
  • If you are using a microphone, please ensure that it is muted until such time as you need to ask a question.
  • The remote meeting connection will be open approximately 30 minutes before the start of the course. We encourage you to connect as early as possible in case you experience any unforeseen problems.

Register

Please Note: This event is being conducted entirely online. All attendees will connect and attend from their computer, one connection per purchase. For details please see our FAQ

If you are unable to attend at the scheduled date and time, we make recordings available to all attendees for 7 days after the event

REGISTER NOW FOR THIS EVENT:

CCUS Projects & Environmental Law: The US Regulatory Landscape

January 16-17, 2024 | Online
Individual attendee(s) - $ 1195.00 each

Volume pricing also available

Individual attendee tickets can be mixed with ticket packs for complete flexibility

Pack of 5 attendees - $ 4,780.00 (20% discount)
Pack of 10 attendees - $ 8,365.00 (30% discount)
Pack of 20 attendees - $ 14,340.00 (40% discount)

Your registration may be transferred to a member of your organization up to 24 hours in advance of the event. Cancellations must be received on or before December 15, 2023 in order to be refunded and will be subject to a US $195.00 processing fee per registrant. No refunds will be made after this date. Cancellations received after this date will create a credit of the tuition (less processing fee) good toward any other EUCI event. This credit will be good for six months from the cancellation date. In the event of non-attendance, all registration fees will be forfeited. In case of conference cancellation, EUCIs liability is limited to refund of the event registration fee only. For more information regarding administrative policies, such as complaints and refunds, please contact our offices at 303-770-8800

CEUs

Credits

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EUCI is accredited by the International Accreditors for Continuing Education and Training (IACET) and offers IACET CEUs for its learning events that comply with the ANSI/IACET Continuing Education and Training Standard. IACET is recognized internationally as a standard development organization and accrediting body that promotes quality of continuing education and training.

EUCI is authorized by IACET to offer 0.9 CEUs for this event

Requirements for Successful Completion of Program

Participants must sign in/out each day and be in attendance for the entirety of the course to be eligible for continuing education credit.

Instructional Methods

Case Studies, Panel Discussions and PowerPoint presentations will be used in the program.


Upon successful completion of this event, program participants interested in receiving CPE credits will receive a certificate of completion.

Course CPE Credits: 11.0
There is no prerequisite for this Course.
Program field of study: Specialized Knowledge
Program Level: Basic
Delivery Method: Group Internet Based
Advanced Preparation: None

CpeEUCI is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its web site: www.nasbaregistry.org

 

Who Should Attend

  • CCS/CCUS Project Developers
  • Storage Facility & Pipeline Leaders
  • CO2 Technology Developers
  • Oil & Gas Field Leaders
  • Carbon Capture Equipment Manufacturers
  • Engineering Firms
  • Consultants
  • Financiers