The geologic sequestration of carbon dioxide (CO2) is a billion-dollar industry and is only projected to grow over the next decade. The key environmental permit needed for these projects is an Underground Injection Control Class VI permit for the injection wells used for geological sequestration. While some states have obtained authority to issue Class VI permits (including, recently, Texas and West Virginia), in most states, the US EPA is the Class VI permitting agency. EPA has permitted 11 CO2 storage projects since the inception of the Class VI program in 2010 and currently has over 100 Class VI permits under review. As EPA clears this backlog and ramps up its issuance of Class VI permits, we are likely to see an increase in challenges to these permits before the EPA Environmental Appeals Board (EAB), a process that is often new for Class VI operators. This is a short primer on what Class VI operators can expect if their permit is appealed to the EAB.
