The Louisiana Legislative Session for 2024 officially began on March 11. Nine bills have already been filed on CCS. Read the full update here.
Continue Reading Louisiana’s Latest Carbon Capture Legislation and Its Impact on Projects
environmental
Environmental Groups Challenge Louisiana’s Primacy Over Class VI Injection Wells
Environmental groups are asking the federal appellate courts to vacate the U.S. Environmental Protection Agency’s (“EPA”) recent decision to grant Louisiana primacy over Class VI injection wells.
Continue Reading Environmental Groups Challenge Louisiana’s Primacy Over Class VI Injection Wells
LDEQ Releases Louisiana’s First-Ever Voluntary Environmental Self-Audit Program
LDEQ issued regulations implementing Louisiana’s first-ever voluntary environmental self-audit program. The regulations provide for the reduction or elimination of civil penalties for certain violations disclosed to LDEQ as the result of a voluntary environmental self-audit. Read more about the regulations here.
Continue Reading LDEQ Releases Louisiana’s First-Ever Voluntary Environmental Self-Audit Program
EJ Evolution: Court Enjoins EPA from Imposing Disparate Impact Requirements via Title VI in Louisiana Permitting
A Louisiana federal court recently blocked EPA and DOJ from enforcing Title VI against the State of Louisiana to require disparate and cumulative impact analyses under federal environmental justice (EJ) policies for its state permitting. Read more about this decision and its ramifications here. …
Continue Reading EJ Evolution: Court Enjoins EPA from Imposing Disparate Impact Requirements via Title VI in Louisiana Permitting
Louisiana Appeals Court Finds Environmental Justice Is Part of the Louisiana Public Trust Duty
In the recent First Circuit Court of Appeal decision reinstating the Formosa facility permits, the court clarified that consideration of environmental justice is included in the Louisiana Public Trust Doctrine. To learn more about how this opinion may affect permit challenges and permit requirements, read more here. …
Continue Reading Louisiana Appeals Court Finds Environmental Justice Is Part of the Louisiana Public Trust Duty
Louisiana International Terminal Project Receives Federal Funding Boost
The Port of New Orleans has been awarded a $73.8 million federal grant to support the initial construction of its Louisiana International Terminal (LIT) project in St. Bernard Parish. The new terminal, located in Violet, Louisiana, will be able to serve vessels of all sizes by avoiding height restrictions from bridges further up the Mississippi River and taking advantage of the deeper, 50-foot Lower Mississippi River Ship Channel. …
Continue Reading Louisiana International Terminal Project Receives Federal Funding Boost
Fifth Circuit Applies U.S. Supreme Court’s Sackett Decision to End Long-Standing WOTUS Dispute
In the Fifth Circuit’s first application of Sackett v. EPA, the court ends a ten-year conflict regarding federal Clean Water Act jurisdiction over a Louisiana property, holding that under the new Supreme Court standard no WOTUS exist on the property.
Continue Reading Fifth Circuit Applies U.S. Supreme Court’s Sackett Decision to End Long-Standing WOTUS Dispute
Louisiana Granted Primacy Over Class VI Injection Wells
At long last, the State of Louisiana’s request to take over primary enforcement authority for the permitting of Class VI injection wells has been approved. What does this mean for CCS in Louisiana?
Continue Reading Louisiana Granted Primacy Over Class VI Injection Wells
EPA’s Denial of Louisiana’s Revised SIP
On December 7, 2023, the Environmental Protection Agency (EPA) disapproved the state implementation plan (SIP) revisions for the Baton Rouge ozone nonattainment area that Louisiana set forth in response to EPA’s 2015 SIP Call rule. This 2015 SIP Call rule focused on the treatment of excess emissions during periods of startup, shutdown, or malfunction (SSM).…
Climate-Related Lawsuits Continue to Return to State Courts: Understanding The Latest Ruling from District of Columbia v. Exxon Mobil Corporation
A federal appeals court has affirmed that a “greenwashing” lawsuit by the District of Columbia against several major energy companies should not be heard in federal court. In doing so, the court found itself “in accord with the other courts of appeals, which have unanimously found there is no federal jurisdiction where state or local governments have brought state-law actions against energy companies for conduct relating to climate change.” District of Columbia v. Exxon Mobil Corporation, et al., No. 22-7163 (Dec. 19, 2023) (“D.C. v. Exxon”).
Continue Reading Climate-Related Lawsuits Continue to Return to State Courts: Understanding The Latest Ruling from District of Columbia v. Exxon Mobil Corporation