On December 28, 2023, the United States Environmental Protection Agency (“EPA”) signed a final rule delegating primacy over the issuance and enforcement of permits for Class VI Underground Injection Control (“UIC”) wells under the Safe Drinking Water Act to the Louisiana Department of Natural Resources (“LDNR”).[1] This decision came after a lengthy review process

The Louisiana Legislature adopted the Geologic Sequestration of Carbon Dioxide Act in 2009. Recent policy changes at the federal level have drawn increasing attention to the Act’s provisions regarding the permits needed to operate a carbon dioxide storage facility in Louisiana.

The Act grants jurisdiction over the permitting process to the Commissioner of Conservation.[1]

The current administration’s focus on climate change has prompted a renewed interest in carbon capture, utilization, and sequestration (CCUS). In July of this year, the White House Council on Environmental Quality (CEQ) issued a report to Congress stating the Biden administration “is committed to accelerating the responsible development and deployment of CCUS to make it