State primacy should help local projects obtain faster approval. Other states may follow Louisiana’s lead in applying for primacy. Louisiana recently became the third state with primacy to issue Class VI permits for carbon capture and storage (“CCS”) projects within the state. North Dakota and Wyoming received in 2018 and […]
Dirt Alert
Highlights From the First Half of Bill Introduction in the 2024 Session of the Nebraska Legislature
on Tuesday, 16 January 2024 in
Dirt Alert: David C. Levy, Editor
The Second Regular Session of the 108th Nebraska Legislature convened on January 3, 2024. As of January 10, fifty-four (54) legislative days remain in the session. Bill introduction will conclude on January 17, 2024. Through the first five days of bill introduction, we identified twenty-six (26) bills warranting particular attention. All abbreviations […]
Federal Regulators Propose Clarifying Definitions and Additional Requirements for Clean Hydrogen Tax Credits
on Wednesday, 10 January 2024 in
Dirt Alert: David C. Levy, Editor
The Department of the Treasury (“Treasury”) and Internal Revenue Service (“IRS”) recently proposed regulations that would clarify key components of the clean hydrogen Investment Tax Credit (“ITC”) and the Clean Hydrogen Tax Credit (“45V Credit”). See 26 U.S.C. Sections 48(a)(15) and 45V, respectively. We recently analyzed other proposed regulations relating […]
Nebraska Supreme Court Clarifies That Natural Resource District’s Counsel Cannot Participate Both in Board Decision-Making Process and Adjudicate the Appeal of the Same Decision
on Tuesday, 2 January 2024 in
Dirt Alert: David C. Levy, Editor
In Uhrich & Brown Ltd. Partnership v. Middle Republican Natural Resource District (“NRD”), the Nebraska Supreme Court vacated the NRD’s administrative ruling because its attorneys both prosecuted the case and participated in the NRD’s decision‑making process.The Court found that the NRD’s administrative proceedings lacked neutrality and violated Uhrich & Brown […]
Federal Court Holds Counties May Not Impose “Safety Standards” on Carbon Pipelines
on Monday, 18 December 2023 in
Dirt Alert: David C. Levy, Editor
Under the U.S. District Court for the Southern District of Iowa’s decisions, counties may not regulate carbon pipelines’ setbacks, decommissioning or emergency-response requirements. Under the Supremacy Clause of the U.S. Constitution, federal statutes and regulations preempt any incompatible local law.[1] Preemption can occur either expressly or by implication, such as […]
