Industries Carbon Capture & Sequestration

At the forefront of Louisiana’s carbon capture revolution.

Kean Miller is at the forefront of policy, regulatory, and legal developments related to carbon capture, utilization, and sequestration (CCUS) projects and transactions in Louisiana. We have a cross-disciplinary team comprised of attorneys who understand the issues facing carbon capture and sequestration developers, investors, and off-takers. We have represented key stakeholders in developing Louisiana’s CCUS legislation and rules and closely tracked Louisiana attaining primacy from the EPA with respect to the Class VI UIC program under the Safe Drinking Water Act, as well as tracking and advising clients on developments involving the Louisiana Geologic Sequestration of Carbon Dioxide Act and similar legislation in Texas such as the Anthropogenic Carbon Dioxide Storage Trust Fund.

Kean Miller has extensive expertise and experience representing clients in regulatory matters and expropriation cases involving storage and pipeline transportation for all types of products. We regularly represent clients in regulatory and permitting matters before various divisions of the Louisiana Department of Energy & Natural Resources (LDENR), including the Injection and Mining Division, which regulates CCUS injection wells, and the Coastal Management Division, which issues permits for projects within the Coastal Zone. We also have unparalleled experience in the air, water, and other permitting and regulatory programs under the authority of the Louisiana Department of Environmental Quality, including PSD Air Permits involving greenhouse gas emissions. This experience extends to permitting by the U.S. Army Corps of Engineers for dredge and fill permits in wetlands or jurisdictional waters of the United States. Our attorneys are experienced with the environmental assessment requirements of the National Environmental Policy Act and equivalent state laws that apply to CCUS projects. In addition, we regularly assist clients holding FERC certificates with regulatory issues arising under both state and federal law.

Kean Miller has played an instrumental role in the successful development of numerous projects across the region for global, national, and regional companies of all sizes. We often assist clients in drafting and negotiating joint ventures, operating agreements, service agreements, acquisitions, and other documents and transactions critical for the successful development of new projects.

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