CCUS Projects & Environmental Law

CCUS Projects & Environmental Law

The US Regulatory Landscape Affecting CCUS

November 2-3, 2022 | 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, CCS projects still face many obstacles in the US, 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
  • Analyze Clean Water Act (CWA)requirements for CCUS projects
  • Identify National Historic Preservation Act (NHPA) requirements for CCUS projects
  • Define Endangered Species Act (ESA)requirements for CCUS projects
  • Discuss best practices for managing environmental permitting and assessment deadlines
  • Define actions to shorten the permitting timeline for CCUS projects


Wednesday, November 2, 2022 : Central Time

8:45 – 9:00 a.m.
Log In and Welcome

12:00 – 1:00 p.m.
Lunch Break

9:00 a.m. – 4:30 p.m.
Course Timing


9:00 – 9:45 a.m. :: Introduction & 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. CCUS developers must also navigate the complex patchwork of state and local laws and regulations.

Gary Steinbauer, Environmental Attorney; Shareholder, Babst Calland

9:45 – 10:45 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

Emily Orler, Senior Associate, Arnold & Porter

10:45 – 11:00 a.m. :: Morning break

11:00 a.m. – 12:00 p.m. :: 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.” 

Tyler Burgess, Senior Associate, Arnold & Porter

12:00 – 1:00 p.m. :: Lunch Break

1:00 – 2:00 p.m. :: National Historic Preservation Act (NHPA)

The National Historic Preservation Act (NHPA) may require federal review of a CCUS project or pipeline if it has the potential to impact a federally recognized historic or cultural property. If the lead agency determines that a CCUS project is the type of activity that has the potential to effect historic properties, then it must consult with the appropriate State Historic Preservation Office, Tribal Historic Preservation Office, and any Indian tribe that attaches religious and cultural significance to identified historic properties.

Emily Orler, Senior Associate, Arnold & Porter

2:00 – 3:45 p.m. :: Air Quality

The federal Environmental Protection Agency’s (EPA’s) Greenhouse Gas Reporting Program (GHGRP) requires reporting of greenhouse gas (GHG) data and other relevant information from large GHG emission sources, fuel and industrial gas suppliers, and carbon oxide injection sites in the US. Depending on their size and location, CCUS projects may also have to obtain certain CAA construction or operating permits. Carbon dioxide leakage from a CCUS project could result in violations of its applicable CAA permits.  This session will cover:

  • Greenhouse Gas Reporting Program and associated CCUS reporting
  • Potential Clean Air Act Permits needed for a CCUS project

Gary Steinbauer, Environmental Attorney; Shareholder, Babst Calland

3:45 – 4:30 p.m. :: Review and Q&A

Thursday, November 3, 2022 : Central Time

8:45 – 9:00 a.m.
Log In

9:00 a.m. – 12:00 p.m.
Course Timing


9:00 -10:00 a.m. :: 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 wells
  • Class VI wells

Sam Brown, Partner, Hunton Andrews Kurth

Graciela Moore, P.G., Director, WSP USA

10:00 – 10:30 a.m. :: Morning Break

10:30 – 11:15 a.m. :: Pipeline Safety

The Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA) has primary authority to regulate interstate carbon dioxide pipelines. The PHMSA’s Office of Pipeline Safety regulates the design, construction, operation, maintenance, and spill response planning for regulated pipelines. 

  • PHMSA Safety Standards

    Christopher Kuhman, Associate, Babst Calland

    11:15 a.m. – 12:15 p.m. :: Best Practices for Navigating Permitting & Regulation

    Permitting and deployment of CCUS will require careful and strategic navigation of the legal framework while it is being tested and is still evolving.

    • Targeted resources for speeding up EPA review
    • Accelerating the primacy approval process
    • Permitting timelines

    Clare Ellis, Counsel, Hunton Andrews Kurth

    Jason Hill, Counsel, Hunton Andrews Kurth

    Julia Casciotti, Law Clerk, Hunton Andrews Kurth

    12:00 p.m. :: Course Adjourns


    Gary Steinbauer, Environmental Attorney; Shareholder, Babst Calland

    Gary Steinbauer is a shareholder in the Environmental Group of Babst Calland.  Mr. Steinbauer advises clients on a wide variety of matters arising under major federal and state environmental regulatory programs.  He provides strategic advice on permitting matters, day-to-day compliance needs, government investigations, and enforcement actions.  Mr. Steinbauer regularly works with companies in the chemical, mining, metals, oil and gas, petroleum refining, power generation and distribution, and other industrial sectors.

    Mr. Steinbauer devotes a significant portion of his practice to advising clients on issues arising under the Clean Air Act, Clean Water Act, and related state programs regulating air emissions and wastewater discharges.  He handles air and water permitting matters and appeals and helps clients facing federal and state enforcement actions.

    Prior to joining Babst Calland, Mr. Steinbauer served as an attorney in Region 5 of the U.S. Environmental Protection Agency.  While at the U.S. EPA, he handled civil enforcement matters brought under major federal environmental laws, including the Clean Air Act, Clean Water Act, Comprehensive Environmental Response, Compensation and Liability Act, Emergency Planning and Community Right-to-Know Act, Federal Insecticide, Fungicide, and Rodenticide Act, Resource Conservation and Recovery Act, Safe Drinking Water Act, and Toxic Substances and Control Act. 

    Sam Brown, Partner, Hunton Andrews Kurth

    As a former US Environmental Protection Agency (EPA) attorney, Sam utilizes his agency, regulatory, enforcement, and practical experience to help his clients navigate environmental, energy, natural resource, sustainability, and climate-related concerns associated with US- and international-based facilities and operations.

    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 international project development and operations. 

    Tyler Burgess, Senior Associate, Arnold & Porter

    Tyler Burgess focuses on environmental litigation, enforcement, and regulatory compliance matters. Ms. Burgess has experience practicing under a wide range of federal statutes, including the Clean Water Act (CWA), the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), Resource Conservation and Recovery Act (RCRA), and Clean Air Act (CAA), as well as related state analogs.

    Before starting in private practice, Ms. Burgess was an honors trial attorney in the Natural Resources Section of the US Department of Justice (DOJ). At the DOJ, she defended federal agencies’ decisions under the National Environmental Policy Act (NEPA) as well as public lands, natural resources, and transportation funding laws. Ms. Burgess was twice awarded the Outstanding Performance Award for her work defending environmental reviews for major infrastructure projects.

    Julia Casciotti, Law Clerk, Hunton Andrews Kurth

    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.

    Christopher Kuhman, Associate, Babst Calland

    Chris Kuhman is an associate in the Firm’s Washington, D.C. office and a member of the Energy and Natural Resources Group and Pipeline and HazMat Safety practice. Mr. Kuhman provides advice to clients regarding compliance with state and federal pipeline safety regulations. Prior to joining the Firm, Mr. Kuhman worked as a Policy Advisor for the American Petroleum Institute (API) where he applied API member input to help shape industry priorities on legislative and regulatory activities concerning pipeline safety.

    Graciela Moore, P.G., Director, WSP USA

    Graciela Moore, P.G. is Director of the Regulatory Engineering & Geological Services team at WSP USA. She is a professional licensed geologist with over 19 years of experience specializing in underground injection control (UIC), carbon sequestration (CCS/CCUS), salt cavern storage, and regulatory and stakeholder engagement. Graciela’s current responsibilities include supervisory and technical oversight of government relations, subsurface characterization, well site selection, and regulatory guidance for all classes of UIC wells. Her prior experience included environmental remediation, and groundwater resources. She is an active member of the Southern States Energy Board – UH CCUS Commercialization Consortium, the North Dakota Energy & Environmental Research Center (EERC) Plains CO2 Reduction (PCOR) Partnership, and the EERC Industry Advisory Board (IAB) for Salt Cavern Storage. She holds a B.S. and M.S. in Geology from Texas A&M University.

    Emily Orler, Associate, Arnold & Porter

    Emily Orler’s practice focuses on environmental regulatory and compliance counseling, and environmental litigation. Ms. Orler advises clients on environmental rulemakings and environmental laws applicable to infrastructure and natural resource development projects. She also represents clients in remediation of contaminated sites.

    Prior to joining Arnold & Porter, Ms. Orler worked for nearly a decade in the federal government managing compliance with environmental review and permitting statutes, including the National Environmental Policy Act, National Historic Preservation Act, and the Endangered Species Act. By holding positions at four agencies with diverse missions taking actions throughout the United States, she developed a broad perspective on environmental compliance while gaining significant experience with utility infrastructure and nuclear waste remediation projects. In addition to leading and providing oversight on project-specific reviews, she also contributed to several intra- and inter-agency policy initiatives.

    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.

    • IMPORTANT NOTE: After November 30 you will not be able to join a Teams meeting using Internet Explorer 11. Microsoft recommends downloading and installing the Teams app if possible. You may also use the Edge browser or Chrome.
    • You will receive a meeting invitation will include a link to join the meeting.
    • Separate meeting invitations will be sent for the morning and afternoon sessions of the course.
      • You will need to join the appropriate meeting at the appropriate time.
    • 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.


    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 registrants for three business days after the event


    CCUS Projects & Environmental Law

    November 2-3, 2022 | 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 September 30, 2022 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




    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:


    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

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