Three Carbon Capture & Storage (CCS) bills sponsored by Chairman Geymann are scheduled for a vote on the House Floor this afternoon:  HB 492 defines eminent domain authority for pipeline transportation related to CCS and provides a clear procedure for obtaining that eminent domain authority.  HB 492, however, removes existing eminent domain authority for storage operators relative to pore space rights, which is being replaced by unitization as set forth in another Chairman Geymann bill, HB 696. HB 696 by Chairman Geymann creates the authority for unitization of CCS reservoirs ..read more

Liskow lawyers Cherrell Taplin and Melanie Derefinko recently secured a ruling in their favor dismissing the entirety of Plaintiffs’ claims against Liskow’s client, ExxonMobil Product Solutions Company (“ExxonMobil”).  Gerren Jenkins, along with his wife and children, initiated the personal injury lawsuit against ExxonMobil, Gulf Intermodal Services, LLC, and Park Avenue Intermodal, LLC.  Read the full post on Liskow’s Gulf Coast Business Law Blog here. Disclaimer: This Blog/Web Site is made available by the law firm of Liskow & Lewis, APLC (“Liskow & Lewis”) and the individ ..read more

Three bills relating to Carbon Capture & Storage (CCS) projects sponsored by Chairman Geymann passed favorably out of the Louisiana House Committee on Natural Resources and Environment. The description of those bills can be found below: HB 492 by Chairman Geymann was originally filed to make a limited grammatical change to the eminent domain provision for CCS projects, but served as a placeholder bill for Chairman Geymann to make amendments during committee.  The amendments to HB 492 included important clarifications for eminent domain relative to transportation for CCS projects, pa ..read more

On February 8, 2024, the Environmental Protection Agency (“EPA”) proposed two rules that would: (1) amend the regulatory definition of hazardous waste applicable to RCRA corrective actions to address releases from solid waste management units at treatment, storage, and disposal facilities (“TSD facilities”), and (2) add nine per- and polyfluoroalkyl substances (“PFAS”), their salts, and their structural isomers to the hazardous constituents list of RCRA. These proposed rules, if adopted, would provide EPA with a heightened authority to regulate PFAS. Definition of Hazardous Waste Applicable t ..read more

The Louisiana Legislative Session continues to address Carbon Capture and Storage (CCS) with several bills up for discussion by the Committee on Natural Resources tomorrow, Tuesday, April 9, at 9 a.m. The proposed bills touch upon unitization, eminent domain, liability concerns, and revenue dedication of CCS within the state. The descriptions of the five bills can be found below: HB 169 (Carter), provides relative to liability and damages resulting from carbon sequestration HB 492 (Geymann), provides relative to eminent domain HB 696 (Geymann), authorizes unitization for carbon dioxide seque ..read more

Liskow lawyers Cherrell Taplin and Melanie Derefinko recently secured a ruling in their favor dismissing the entirety of Plaintiffs’ claims against Liskow’s client, ExxonMobil Product Solutions Company (“ExxonMobil”).  Gerren Jenkins, along with his wife and children, initiated the personal injury lawsuit against ExxonMobil, Gulf Intermodal Services, LLC, and Park Avenue Intermodal, LLC.  Read the full post on Liskow’s Gulf Coast Business Law Blog here. Disclaimer: This Blog/Web Site is made available by the law firm of Liskow & Lewis, APLC (“Liskow & Lewis”) and the individ ..read more

This has been a great week for Carbon Capture and Storage (CCS) in Louisiana. The first round of bills on CCS went forward yesterday, April 4. Four bills aiming to regulate or restrict CCS activities were scheduled by the House Natural Resources & Environment Committee and did not pass. One moved forward with amendments to the House floor. DEFEATED/DEFERRED: HB 276 (Carter), requires that CCS projects comply with local land use and zoning ordinances.   HB 280 (Coates), prohibits the permitting of any structures which protrude above the surface of L ..read more

The Louisiana House Committee is scheduled to hear multiple bills concerning Carbon Capture and Storage (CCS) this Thursday, April 4. Among them, five bills aim to regulate or restrict CCS activities and will be heard by the House Natural Resources & Environment Committee at 9 A.M. The proposed legislation covers a range of issues, from requiring CCS projects to comply with local ordinances to placing moratoriums on certain areas and imposing additional requirements on CCS projects.  Here’s a brief overview of each bill: HB 276 (Carter), requires that CCS projects comply with local ..read more

Louisiana Senate Bill 268, one of a pair of lithium-focused bills filed by Senator Stewart Cathey Jr., would establish a state sales tax rebate program for Louisiana lithium projects. This rebate would apply to sales tax paid for “all equipment, machinery, materials, improvements, and other items purchased in connection with the development, production, operation, storage, processing, or transportation of lithium or lithium refined products in connection with a qualified lithium recovery project.” Details of the Rebate Program The amount of the rebate would be equal to the amount of sales tax ..read more

The Louisiana Legislative Session for 2024 officially began on March 11.  Nine bills have already been filed on CCS. These bills have potentially far-reaching implications for CCS projects. Most of the bills either target CCS projects in specific areas or seek to eliminate or place significant hurdles on CCS development generally.  One bill (HB 696 by House Chairman Geymann) authorizes the unitization of CCS reservoirs by the Commissioner upon application of the storage operator. All bills were filed in the House, and all of them were referred to the House Natural Resources Committe ..read more