Agenda

All times listed are in Eastern Standard Time unless otherwise noted.

Thursday, November 16, 2023

9:30 a.m. – 10:00 a.m.

Overview of Carbon Capture

Carbon Capture?  Utilization? Storage?  Sequestration?  What does it all mean and why do we care? This presentation will provide an overview of carbon capture and storage technology, and a discussion of current events with the industry.  It will also provide some historical context for carbon capture activities pre-Inflation Reduction Act, an overview of tax incentives and financing information, and highlight potential litigation risks.

10:00 a.m. – 10:30 a.m.

The First Class VI Well Permit- A Case Study 

This presentation will provide an overview of the Safe Drinking Water Act underground injection control program for Class VI wells, and include an in depth discussion of the speaker’s experience obtaining the first Class VI well permit.

10:30 a.m. – 11:15 a.m.

Primacy

An overview of the status of state primacy applications to implement the Class VI well permit program and an update on state carbon capture regulatory schemes.

Chris Slagle

Partner

Bricker Graydon

11:15 a.m. – 12:00 p.m.

Synergies between Domestic and International Legal Issues on CCUS Deployment 

As CCUS deployment in the US grows, through the availability of government funding, tax incentives, and loan programs, keeping any eye towards progress in other countries (particularly developing countries with high emissions profiles) is key. During this session, the speaker will discuss how CCUS legal and technical advancements the US can also spur an opportunity for US investment in CCUS in Asia Pacific and Africa. Concrete examples of regulations/legislations being drafted in foreign jurisdictions will be discussed, as well as how companies and law firms advising international investors can be best prepared to advise on CCUS issues globally. The speaker will provide both a government and private perspective.

12:00 p.m. – 1:30 p.m.

Lunch Break

1:30 p.m. – 2:15 p.m.

Carbon Capture and Sequestration from the Emitter’s Perspective

 Is CCS right for you?  This presentation provides an overview carbon-heavy industries, locational and midstream considerations, and the economics of 45Q credits (including if paired with other environmental attributes), as well as the emerging options for structuring transactions (i.e. turnkey, offtake service arrangements, or full integration), and synergies for domestic companies engaged in exports to the EU.

Megan Skiba

Associate

Reed Smith

2:15 p.m. – 3:15 p.m.

A Panel Discussion on CCS Property Issues 

A discussion of property rights issues arising in connection with CCUS development, including the right to use pore space and the siting of CO2 pipelines, examining the common law backdrop, recent legislative efforts, and pending litigation over proposed CCUS facilities.  The panel will answer questions about pore space ownership such as can migration of injected fluids in the subsurface give rise to a trespass action?  Who owns the subsurface pore spaces when there is a severed mineral estate? And examine how agreements for pore space rights are structured, answering: lease, easement, or purchase in fee? What are typical terms and conditions of pore space agreements? What are alternatives (if any) to agreements—eminent domain?  Unitization? What are potential disputes with a CCS operator and mineral owner?

3:15 p.m. – 3:25 p.m.

Break

3:25 p.m. – 4:10 p.m.

Carbon Offtake and Transportation Service Arrangements

This presentation analyzes the key considerations and commercial terms in the negotiation of carbon offtake, transportation, and sequestration agreements, including multi-directional take-or-pay obligations, fee structures and capital recovery, allocation of 45Q credits and other environmental attributes, risk allocation, permanence and 45Q compliance, and bankruptcy protections.

Robert Pillow

former Assistant General Counsel

Navigator C02

4:10 p.m. – 5:00 p.m.

Renewable Energy Certificates and CCUS

RECs are used to fund renewable energy and offset projects around the world. Businesses purchase and retire RECs to manage and reduce their carbon footprints. Developing REC products to support CCUS, especially international projects that will also bring power to developing areas, requires recognized and verified technology standards, market and reporting services, and commercial protections. 

5:00 p.m.

Adjourn