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The proposal represents a step forward for carbon capture and storage projects in the state and could accelerate the permitting process.

By Nikki Buffa, Jennifer Roy, Joshua Bledsoe, and Samantha Yeager

The US Environmental Protection Agency (EPA) has proposed a significant regulatory change that could expedite the development of carbon capture and storage (CCS) projects in West Virginia. A proposed rule published on November 27, 2024 would grant the West Virginia Department of Environmental Protection (WVDEP) primary enforcement authority, or “primacy,” for permitting Class VI Underground Injection Control (UIC) wells. These wells are used for geologic sequestration of anthropogenic carbon dioxide, which has been identified as a key component in meeting greenhouse gas emissions reductions targets and advancing energy security.

On December 28, 2023, EPA granted primacy to Louisiana. Louisiana is the third state to receive this delegation of regulatory authority from the EPA, following North Dakota in 2018 and Wyoming in 2020. If West Virginia ultimately is granted primacy, it will become the fourth state to have Class VI UIC well permitting authority.

Public Health: The Environmental Protection Agency Releases New Draft Framework and Seeks Public Comment on Public Health Impacts on Communities
On November 21, 2024, the Environmental Protection Agency (EPA) released a draft framework for principles that EPA will reference when making decisions that can impact the health and environment of communities, especially Tribal and Indigenous…

Seyfarth Synopsis: With another dramatic reversal from a pro-labor Democratic administration to a second Trump administration, we anticipate that OSHA is likely to pivot away from its current enforcement-heavy agenda to a greater emphasis on cooperation with the business community.

As we try to anticipate the shifts of a second Trump administration, supported by…

Lake County Development

In People ex rel. Bonta v. County of Lake (2024) 105 Cal.App.5th 1222, the First District Court of Appeal held that the Final EIR (“FEIR”) and associated errata for a proposed mixed-use development project, located in a rural part of Lake County, failed to adequately assess the increased risk of human-caused wildfires the project created.…