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CCUS: Understanding The Class VI Permitting Process
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Authorizes Steel Reef US Pipelines LLC to operate and maintain existing cross-border pipeline facilities in Burke County, North Dakota, for the export of natural gas liquids to Canada, subject to federal oversight, safety,...more
Authorizes South Bow (USA) LP to operate and maintain an existing 30-inch cross-border pipeline in Cavalier County, North Dakota, for the transport of all hydrocarbons and petroleum products (excluding natural gas regulated...more
On June 17, the Environmental Protection Agency (EPA) published a proposed rule to approve Texas’s application for primary permitting and enforcement responsibility (primacy) for carbon dioxide (CO2) sequestration wells...more
The Arkansas Department of Energy and Environment - Oil and Gas Commission (“Commission”) addressed an application for the establishment of a lithium compensation structure for Saltwerx, LLC (“Saltwerx”)....more
The federal government is continuing to implement President Donald Trump’s Unleashing American Energy mandate to promote domestic energy and infrastructure projects. On June 18, 2025, the U.S. Army Corps of Engineers...more
The proposal could accelerate the permitting process for carbon capture and storage projects in the state. On June 9, 2025, the US Environmental Protection Agency (EPA) signed a proposed rule that, if approved, would...more
This week, the U.S. Environmental Protection Agency (EPA) took the penultimate step to granting Texas the authority to directly issue Class VI permits under the Safe Drinking Water Act’s Underground Injection Control (UIC)...more
On June 9, 2025, EPA issued a prepublication version of the proposed rule granting Class VI underground injection control (“UIC”) primary enforcement authority (“primacy”) to Texas. Class VI UIC wells are used for the...more
The proposal could accelerate the permitting process for projects in the state, including carbon capture and storage (CCS) projects....more
On May 22, 2025, the House passed budget reconciliation legislation referred to as “The One, Big, Beautiful Bill” (the “Bill”). As currently written, the Bill would reshape key aspects of federal energy policy by targeting...more
On May 9, 2025, fifteen democratic states (“Plaintiff States”) sued the Trump Administration in Washington District Court, claiming that President Trump’s executive order “Declaring a National Energy Emergency” (“Executive...more
On May 11, the House Committee on Energy and Commerce released its proposed energy provisions for inclusion in the budget reconciliation package, including several provisions that could dramatically reform the federal...more
This alert was originally published on September 19, 2024, and has been revised based on recent developments. Update: On April 29, 2025, US EPA and the Texas Railroad Commission (RRC) signed a memorandum of agreement...more
In a significant move to accelerate domestic energy development, the U.S. Department of the Interior (DOI) has announced emergency permitting procedures that will dramatically compress environmental review timelines. Under...more
On January 20, President Donald Trump signed a flurry of executive orders and memorandums that will have significant implications for projects seeking federal permits and subject to review under the National Environmental...more
The permitting process has been identified by numerous commentators as a major cause of delays in the development of energy, infrastructure, and mining projects in the United States. ...more
New York's groundbreaking Climate Leadership and Community Protection Act (the Climate Act) is known for being the country's most aggressive climate and clean energy statewide agenda. It calls for a mandated goal of a...more
In Opiela v. Railroad Commission of Texas and Magnolia Oil and Gas Operating, LLC, an Austin district court determined that the Commission’s Final Order granting a permit for a Production Sharing Agreement well in Karnes...more
As discussed previously in Pierce Atwood’s Energy Infrastructure Blog, on June 3, 2020, the U.S. Court of Appeals for the First Circuit vacated an air permit issued by the Massachusetts Department of Environmental Protection...more
The U.S. Court of Appeals for the First Circuit recently vacated an air permit issued by the Massachusetts Department of Environmental Protection (DEP) for the construction of a new compressor station proposed by Algonquin...more
On June 3, 2020, the U.S. Court of Appeals for the First Circuit vacated an air permit issued by the Massachusetts Department of Environmental Protection (DEP) for the construction of a new compressor station proposed by...more
On June 3, 2020, the U.S. Court of Appeals for the First Circuit vacated an air permit issued by the Massachusetts Department of Environmental Protection (DEP) and remanded the matter to the agency for further analysis. The...more
In May 2019, National Grid – the utility company that provides natural gas to approximately 1.8 million customers in Brooklyn, Queens, Staten Island and Long Island – announced a moratorium on the processing of applications...more
A challenge to the validity of oil and gas permits outside the judicial review process is a collateral attack and will be struck, the Alberta Court of Queen’s Bench held recently in Ominayak v Penn West Petroleum Ltd, 2015...more