Air Products Blue Energy, LLC v. Livingston Parish Government

Filing Date: 2022
Case Categories:
Principal Laws:
Safe Drinking Water Act (SDWA), Supremacy Clause, Louisiana Constitution, Louisiana Minerals, Oil, and Gas and Environmental Quality Statute (Title 30)
Description: Lawsuit brought by company developing carbon sequestration project challenging local ordinance that attempted “to improperly place a 12-month moratorium on the construction and drilling of Class V well, as well as seismic surveying.”
  • Air Products Blue Energy, LLC v. Livingston Parish Government
    Docket number(s): 3:22-cv-00809
    Court/Admin Entity: M.D. La.
    Case Documents:
    Filing Date Type File Action Taken Summary
    12/26/2022 Ruling Download Motion to dismiss denied and motion for preliminary injunction granted. Louisiana Federal Court Enjoined Enforcement of Moratorium on Carbon Sequestration Project Work. The federal district court for the Middle District of Louisiana enjoined the Livingston Parish Government and related parties from enforcing a moratorium on construction and drilling of Class V wells, seismic surveys, and other activities. The plaintiff had entered into a Carbon Dioxide Storage Agreement with the State of Louisiana and intended to build a carbon sequestration facility. The court rejected the Parish defendants’ arguments that the plaintiff lacked standing to challenge the moratorium and that the claims were unripe. The court further found that the plaintiff had shown a likelihood of success on the merits because the moratorium was preempted due to its encroachment on the field of underground injection control, an area in which the Louisiana Legislature granted the State pervasive authority to regulate. The court also found that the plaintiff faced irreparable harm and concluded that because State law preempted the moratorium, a preliminary injunction to enjoin the moratorium’s enforcement would serve the public interest and would not cause harm.
    12/15/2022 Reply Download Reply memorandum filed in support of motion for preliminary injunction.
    12/14/2022 Reply Download Reply memorandum filed in support of motion to dismiss.
    12/12/2022 Opposition Download Memorandum filed in opposition to the motion to dismiss.
    11/30/2022 Motion to Dismiss Download Memorandum filed in support of motion to dismiss.
    11/29/2022 Motion Download Memorandum filed in support of motion for preliminary injunction.
    11/22/2022 Complaint Download Amended complaint filed.
    11/18/2022 Motion Download Motion for leave to file amended complaint filed.
    10/28/2022 Motion to Dismiss Download Memorandum filed in support of motion to dismiss.
    10/18/2022 Complaint Download Complaint filed. Lawsuit Challenged Local Ordinance that Blocked Carbon Storage Project in Louisiana. A company that had entered into a Carbon Dioxide Storage Agreement with the State of Louisiana and other State parties filed a lawsuit challenging an ordinance adopted by Livingston Parish that allegedly attempted “to improperly place a 12-month moratorium on the construction and drilling of Class V well, as well as seismic surveying.” The complaint alleged that a clean energy complex announced in connection with the Carbon Dioxide Storage Agreement would support Louisiana’s climate, energy, and economic goals and would produce clean hydrogen and clean ammonia. The company alleged that its plans included permanent sequestration of approximately 5 million metric tons of carbon dioxide each year. The complaint asserted that Louisiana state law preempted the Parish’s ordinance, and that the ordinance also was preempted by the federal Safe Drinking Water Act (SDWA) and Louisiana law and regulations implementing the underground injection control program under the SDWA.