Carbon capture, storage, and utilization (CCUS) is a cornerstone of President Biden’s policies to address climate change, facilitate the energy transition, and revitalize energy communities with carbon retrofits. With the Energy Act of 2020, Congress provided new appropriations and agency mandates around carbon capture projects and extended the section 45Q tax credit. Proposed legislation including the Storing CO2 and Lowering Emissions (SCALE) Act would further encourage development of CO2 pipelines and the infrastructure necessary for CCUS. These federal programs have provided new commercial incentives to private developers. State legislatures have also taken action to encourage or require development of carbon capture projects including SB 2065 in North Dakota, HB 200 in Wyoming, and proposed legislation in Colorado that would authorize state agencies to pursue Class VI primacy. The challenges to widespread deployment of CCUS today are more legal than technical. Efforts to address regulatory gaps will require legislative and agency action at the state and federal level, including evaluation of National Environmental Policy Act (NEPA) and permitting processes, land use planning, and state-federal coordination.
Topics covered in this webinar include:
• Overview of regulatory federalism applied to CCUS transportation and storage projects
• Current and pending federal legislation including the SCALE Act and Energy Act of 2020
• Overview of section 45Q tax credit – what counts?
• State regulation of CCUS projects
• Legal and regulatory opportunities and constraints