Steptoe & Johnson guides clients through the regulatory framework and legal issues related to CCUS projects. Our team understands the business issues facing CCUS stakeholders and provides full-service cross-departmental assistance to clients — from property rights, transactional, operational, environmental, regulatory, and carbon capture tax credits (45Q) to legislative action and litigation.
Our attorneys have been at the forefront of CCUS issues, including development of specialized CCUS agreements required to obtain surface and subsurface pore space rights, and any accompanying mineral and/or subsurface easement permissions; development of a model statute by the Interstate Oil and Gas Compact Commission to address regulatory issues; and the pursuit of tax and carbon credits related to CCUS and other carbon-related projects. The firm also utilizes its deep experience counseling clients on traditional gas storage, injection, and withdrawal issues in advising clients on CCUS projects.
Members of our team sit on the Legal Committee of the Interstate Oil and Gas Compact Commission, and actively participate in other national and regional trade groups associated with CCUS. This includes involvement with the Independent Petroleum Association of America and the American Petroleum Institute and also presentations covering major issues related to CCUS at national and regional forums, including ownership of pore space; the development and implementation of state and/or federally-approved Class VI underground injection well-permitting programs; and the transportation of captured gas through pipelines.
