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
Filing Date Type File Action Taken Summary 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.