Carbon Capture Utilization and Storage (CCUS)

Attorneys in Hunton Andrews Kurth’s carbon capture utilization and storage (CCUS) practice have a wide array of experience in multiple legal disciplines relevant to CCUS projects and transactions.

CCUS projects are expected to proliferate over the coming years as companies work to comply with de-carbonization mandates, capitalize on carbon credit markets, and meet corporate sustainability goals.  International experts consider the technology indispensable to meeting global emission reduction targets.  States and the federal government have adopted a number of policies and incentives over the past decade to encourage CCUS. Our attorneys have years of practical experience working in each of the fields relevant to CCUS, including the following:

Tax
Hunton Andrews Kurth’s energy tax credit lawyers have extensive experience in energy tax credit transactions, including Section 45Q, Section 45, Section 48, Section 48A, Section 48B, Section 48C and various renewable fuels tax credit transactions. Our lawyers have worked with a wide range of clients in all aspects of transactions from due diligence through audits of transactions. In addition, our lawyers routinely represent clients before Congress, the Treasury Department and the Internal Revenue Service in order to obtain guidance and to preserve and extend the benefits of the credits.  Our lawyers worked directly with Treasury and the IRS on the guidance and final regulations for the Section 45Q tax credit. Our energy tax credit lawyers are recognized as Leaders in Projects: Renewables & Alternative Energy in Chambers Global and listed for Energy: Renewable/Alternative in Legal 500 United States.

Environmental
Hunton Andrews Kurth has one of the largest environmental practice groups in the country, with attorneys who practice in all areas relevant to CCUS projects, including EPA’s Underground Injection Control (UIC) permit program; Clean Air Act New Source Review (NSR) and Title V permitting; National Environmental Policy Act (NEPA) review; and other regulatory programs including the Clean Water Act (CWA), Endangered Species Act (ESA), and other acts and statutes. In addition to several former counsel to congressional committees, as well as lawyers whose legal careers have focused on legislation, administrative and regulatory matters, our team also includes a former EPA attorney who helped write the Class VI UIC regulations. Our environmental team, and many of our lawyers, are ranked Band 1 nationally by Chambers USA and Chambers Global. We maintain the top national ranking for environmental law and water law―and regionally in each state where our team lawyers are based―in US News-Best Lawyers. We are top-ranked by Legal 500, and since 2012, we have been designated an Environmental Group of the Year by Law360 nine times.  

Policy
Hunton Andrews Kurth has been involved in development of federal and State CCUS policy for more than a decade.  We have drafted and advocated for federal and State legislation on a variety of CCUS issues, prepared comments on various CCUS regulatory issues, formed and represented CCUS advocacy groups, hosted international CCUS conferences, and shaped policy on issues including CCUS risk management, long-term liability, incentives, environmental requirements, tax issues, and property rights.  Hunton’s attorneys served as the lead authors of the National Coal Council’s 2015 report on policy parity, focused on CCUS, and have contributed to other prominent CCUS policy reports.  Our team includes attorneys who have served as Committee Counsel on environmental and energy issues on Capitol Hill.

Energy Infrastructure Project Development and Transactional
Hunton Andrews Kurth’s attorneys provide comprehensive finance, development and infrastructure counsel at every step of a project, from initial conception through obtaining regulatory approvals; drafting, documenting and negotiating of joint venture, purchase and other agreements, intergovernmental arrangements and guidance on construction, operational and management issues. The individual lawyers of our lending practice have deep, focused experience in complex areas of finance, credit and lending, enabling the team to address the specific needs of commercial banks and other financial institutions, institutional lenders and investment funds. In addition, we regularly assist clients in obtaining federal and state aid, and in creating tax-efficient structures that provide access to the capital markets. Our practice coordinates the delivery of legal services in a multidisciplinary approach, involving experienced lawyers from all practices of the firm in order to provide clients with seamless advice and creative solutions to their business needs. Our coordinated approach provides clients with a comprehensive team of talent advising clients on the full spectrum of project and energy-related matters. Our energy and infrastructure lawyers are recognized as a Leaders in the Field in Projects – USA – Nationwide and in Projects: Renewables & Alternative Energy – USA – Nationwide in Chambers USA. In addition, they are recognized as a Leaders in the Field in Projects – USA and in Projects: Renewables & Alternative Energy – USA in Chambers Global.

Pipelines
CCUS projects often require pipeline construction or repurposing for CO₂ transportation to a storage site.  Hunton Andrews Kurth has extensive experience counseling pipeline project sponsors on a variety of issues, including permitting, construction and operation, and long-term environmental compliance.  Our team has worked to secure federal and state authorizations needed for complex energy projects, including greenfield pipeline construction, pipeline expansion and maintenance, and related projects such as construction and upgrades to storage facilities and compressor stations.  We have advised clients in securing property rights across private, state and federal lands, and have assisted clients on NEPA environmental review, CWA water quality certification and dredge-and-fill permitting, design review under the Pipeline Safety Act, and resource consultations under the ESA and National Historic Preservation Act (NHPA). We also advise clients on compliance with the Pipeline and Hazardous Materials Safety Administration (PHMSA) pipeline safety standards and our attorneys are active before the Federal Energy Regulatory Commission (“FERC”) and multiple state utility commissions across the country.  Learn more about our pipeline practice.

Real Property and Mergers & Acquisitions
Our attorneys have extensive experience handling all aspects of energy asset and equity transactions, joint ventures, strategic partnerships, and the operation of such assets and companies. In particular, Hunton Andrews Kurth has the expertise required to successfully structure transactions that involve mineral rights, rights-of-way, oil & gas property and the associated liabilities. U.S. News & World Report ranked Hunton Andrews Kurth as a Tier 1 law firm for Energy Law, Legal 500 USA has recognized the firm as one of the most recommended law firms for Energy Transactions: Oil & Gas, and our oil & gas practice is recognized by Chambers and Partners USA as one of the leading Oil & Gas (Transactional) practices in the United States. Hunton Andrews Kurth also has in-house land professionals capable of facilitating complex land due diligence and title review.  

California LCFS
Generation of marketable credits under the California Low Carbon Fuel Standard (LCFS) is an important incentive for CCUS project development.  Hunton Andrews Kurth attorneys in our California offices have advised numerous clients on LCFS credit generation pathways and are well-acquainted with the California Air Resources Board (CARB) Carbon Capture and Sequestration protocol for CCUS projects—including the interplay of the protocol criteria with other regulatory requirements, such as EPA’s UIC Class VI permanence and well integrity requirements.

Commercial and Operational Midstream Contracts
Hunton Andrews Kurth’s oil & gas attorneys have extensive experience with commercial midstream, marketing, transportation, compression, processing, and sales agreements, including in the major unconventional and conventional plays across North America. Our attorneys  advise clients on such oil & gas midstream matters as: gas gathering, compression, dedication, storage, processing, fractionation, and oil & gas purchase & sale/supply agreements, including familiarity with NAESB gas sales forms.