Moving forward in the legislative session, three bills sponsored by Chairman Geymann are scheduled for a vote on the House Floor this afternoon, April 16. Read up on the latest #CCS update from Liskow attorneys Neil Abramson and Jeff Lieberman.
Continue Reading Floor and Committee Action Today for Louisiana Carbon Capture Legislation

On February 8, 2024, the Environmental Protection Agency (“EPA”) proposed two rules that would: (1) amend the regulatory definition of hazardous waste applicable to RCRA corrective actions to address releases from solid waste management units at treatment, storage, and disposal facilities (“TSD facilities”), and (2) add nine per- and polyfluoroalkyl substances (“PFAS”), their salts, and their structural isomers to the hazardous constituents list of RCRA.
Continue Reading EPA’s Proposed Rules for Regulating PFAS under the Resource Conservation and Recovery Act

The Louisiana Legislative Session continues to address Carbon Capture and Storage (CCS) with several bills up for discussion by the Committee on Natural Resources tomorrow, Tuesday, April 9, at 9 A.M. The proposed bills touch upon unitization, eminent domain, liability concerns, and revenue dedication of CCS within the state.
Continue Reading Continued Progress: Latest Developments in Louisiana’s Carbon Capture Legislation

The first round of bills on Carbon Capture and Storage (CCS) went forward this Thursday, April 4. Five bills aimed to regulate or restrict CCS activities were heard by the House Natural Resources & Environment Committee.  Four bills were defeated and one moved forward with amendments to the House floor.
Continue Reading Update From the Legislative Session: Positive Outlook for Louisiana Carbon Capture Projects

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

The United States Court of Appeals for the Fifth Circuit recently certified a question to the Texas Supreme Court asking what effect a free-use clause and an off-lease clause have on a royalty clause valuing royalties at the well. At issue was whether gas used as fuel off the leased premises could be deducted from royalties when the royalties were to be valued at the well under an oil and gas lease containing an off-lease clause and a free-use clause. Texas Supreme Court precedent provides that when a lease states that royalties must be valued on the gross proceeds received by lessees, free-use clauses do not allow for gas used as fuel off the leased premises to be deducted, but it is not clear on whether that same rationale would apply when royalties are valued at the well. Given that uncertainty, the Fifth Circuit could not confidently make an Erie guess on the issue and instead opted to certify the question to the Texas Supreme Court.
Continue Reading At the Well vs. Off the Lease: The Fifth Circuit Asks the Texas Supreme Court to Determine Whether Off-Lease Fuel May be Deducted from Royalties Valued at the Well

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