EPA Proposes to (Finally) Approve Louisiana to Issue CCS Permits

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At long last, the U.S. Environmental Protection Agency (“EPA”) is poised to grant Louisiana authority to issue Class VI permits under the federal Safe Drinking Water Act’s (“SDWA”) Underground Injection Control (“UIC”) program for long-term carbon capture and sequestration (“CCS”). EPA’s proposed approval will be subject to a 60-day comment period following its publication in the Federal Register. Louisiana would be just the third state to receive authority from EPA to issue CCS permits. Administered through the Louisiana Department of Natural Resources (“LDNR”), a signature component of EPA’s approval is a robust incorporation of environmental justice (“EJ”) considerations into Louisiana’s proposed Class VI program.