On Feb. 28, the Captured Carbon Utilization Parity Act (CCU Parity Act) was introduced by Sen. Sheldon Whitehouse, D-R.I., and Sen. Bill Cassidy, R-La. The CCU Parity Act would increase the tax credit available for carbon capture and utilization to
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New CCUS Regulatory Handbook a Practical Guide for Stakeholders, Practitioners and Policymakers
Carbon capture, utilization and storage (CCUS) is primed to play a crucial role in setting the global energy system on a path to net zero. As a result, the United States has endeavored to incentivize investment in large-scale CCUS projects…
Overview of the Inflation Reduction Act’s Methane Tax
Key Takeaways
- Section 60113 of the Inflation Reduction Act adds Section 136 to the Clean Air Act, imposing a first-ever direct “charge” on methane emissions.
- The charge is based on an unworkable comparison between the weight of methane emitted and
…
Litigation over Injection Wells Threatens to Stall Carbon Sequestration Project in Louisiana
As carbon capture and sequestration (CCS) projects proliferate across America, hints of conflict around the relatively new and large-scale business endeavors are beginning to appear. On Tuesday, Oct. 18, international chemical company Air Products filed a lawsuit against Livingston Parish…
Governor of Indiana Signs New Carbon Capture Bill
Indiana is the most recent state to build out a regulatory structure in anticipation of significant carbon capture, utilization and sequestration (CCUS) project deployment. Last week, Governor Eric Holcomb signed into law H.R. 1209, which addressed common issues to carbon…
Inflation Reduction Act Provides Boost and Benefits to Carbon Capture Utilization and Storage Industry
The newly passed Inflation Reduction Act of 2022 (IRA) is poised to transform the carbon capture utilization and storage (CCUS) industry through significant tax credits and benefits, including through enhancements to Section 45Q of the Internal Revenue Code. The IRA encourages…
IRS Provides Initial and Limited Guidance on Newly Reinstated ‘Superfund Tax’
Last month, the IRS published Notice 2021-66, issued in response to the Infrastructure Investment and Jobs Act’s (Jobs Act) reinstatement of the previously expired “Superfund Tax”—an excise tax imposed on manufacturers, producers, and importers of certain chemicals (i.e., “taxable…
Swimming Upstream Part II: New Incident and Annual Reporting Requirements for Rural Gas Gathering Lines
In our last article, we introduced the recently finalized New Rule of the Pipeline and Hazardous Materials Safety Administration (PHMSA), which expands safety and reporting requirements to previously unregulated onshore gas gathering lines.[1] PHMSA has now dubbed those…
Fifth Circuit Rules Texas Choice-of-Law Provision Cannot Save Indemnity Agreement from Wyoming Anti-Indemnity Act
Throughout the oil patch, it has become common for parties to enter into agreements that contain Texas choice-of-law provisions, regardless of where the work is being performed or the extent of the parties’ sometimes tenuous relationship to the state of…
Swimming Upstream: PHMSA Extends Reporting and Safety Regulations for Onshore Gas Gathering Lines
Alexander K. Obrecht and Aidan Slavin
The Pipeline and Hazardous Materials Safety Administration (PHMSA) recently finalized the second of three gas transmission and gathering-line safety rules, originating out of a nearly 10-year rulemaking.[1] The focus of the New Rule:…