Tom Donaho

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Litigation over Injection Wells Threatens to Stall Carbon Sequestration Project in Louisiana

As carbon capture and sequestration (CCS) projects proliferate across America, hints of conflict around the relatively new and large-scale business endeavors are beginning to appear. On Tuesday, Oct. 18, international chemical company Air Products filed a lawsuit against Livingston Parish in Louisiana, asking that a recently passed moratorium on the drilling of injection wells be deemed … Continue Reading

Governor of Indiana Signs New Carbon Capture Bill

Indiana is the most recent state to build out a regulatory structure in anticipation of significant carbon capture, utilization and sequestration (CCUS) project deployment. Last week, Governor Eric Holcomb signed into law H.R. 1209, which addressed common issues to carbon sequestration regulation, including pore space ownership, liability, permitting, monitoring and mineral rights primacy. Many provisions … Continue Reading

Inflation Reduction Act Provides Boost and Benefits to Carbon Capture Utilization and Storage Industry

The newly passed Inflation Reduction Act of 2022 (IRA) is poised to transform the carbon capture utilization and storage (CCUS) industry through significant tax credits and benefits, including through enhancements to Section 45Q of the Internal Revenue Code. The IRA encourages additional capital investment in CCUS projects by developers and sponsors through at least the following: … Continue Reading

Fifth Circuit Rules Texas Choice-of-Law Provision Cannot Save Indemnity Agreement from Wyoming Anti-Indemnity Act

Throughout the oil patch, it has become common for parties to enter into agreements that contain Texas choice-of-law provisions, regardless of where the work is being performed or the extent of the parties’ sometimes tenuous relationship to the state of Texas. In Wyoming, parties will occasionally use Texas choice-of-law provisions as a vehicle to bypass … Continue Reading
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