Carbon Capture, Utilization, and Storage: CO2 Pipeline Safety Regulation

Two former attorneys at the U.S. Department of Transportation (DOT) review the PHMSA and state regulatory programs for CO2 pipelines, including existing safety regulatory frameworks, technical considerations, and how the buildout of a national low-carbon pipeline network may be impacted by existing and future safety regulation.

Credit(s)

1

CO Approval ID

841272

Original Program Date

March 8, 2024

Duration

61 minutes

The U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration (PHMSA) and its state partners have administered a safety regulatory program for CO2 pipelines for decades. With the prospect of substantial growth in the CO2 pipeline network, PHMSA is evaluating whether its existing regulatory frameworks are adequate. This presentation will explore existing safety regulatory frameworks, technical considerations, and how the buildout of a national low-carbon pipeline network may be impacted by existing and future safety regulation. The speakers will also address carbon-intensity-based opposition to CO2 pipelines and regulatory considerations for conversions of hydrocarbon infrastructure to CO2 service.

Speakers

Credits

Materials

1 CLE Credit – Approval ID: CO ID - 841272

This course has been accredited for CLE credit in Colorado. CLE credit hours shown are for Colorado only. A CLE course number for Colorado will be provided to attendees on their certificates of attendance once a course has been completed. New Mexico attorneys who complete a course must notify us (cle@rmmlf.org) because we are required to report credits for you. If this course has been approved for RPL/CPL credit with the American Association of Professional Landmen (AAPL), the credits will be listed below in a separate section for AAPL. If applicable, Component Codes for AAPL recertification will also be provided. Please contact RMMLF if you need independent verification by the provider of your attendance or participation for CLE purposes. Except as provided above, RMMLF generally does not apply for accreditation from any other MCLE/CPD organizations for its online legal education program. Upon completion of a program a certificate of attendance will be issued to all attendees. Except as provided above, attendees must verify with their respective state bars and CPD organizations and their specific rules as to whether or not the certificate of attendance will be recognized by that body for MCLE/CPD purposes, and the number of CLE/CPD credits that may be available. The live presentation of the on-demand program has been accredited in most mandatory states as part of a larger course, but such accreditation does not assure recognition of the on-demand program.

JAMES CURRY is the Managing Shareholder of Babst Calland’s Washington, D.C. office. Jim is an energy lawyer with years of experience in government service and private practice helping clients navigate difficult regulatory and strategic challenges throughout the energy sector. His clients include pipelines, utilities, energy producers, LNG terminals, investors, technology companies, chemical makers, and hydrogen infrastructure developers. Jim takes a pragmatic, business-minded approach, informed by an understanding of the energy markets and regulatory policy. Applying his experience from day-to-day safety regulatory counseling, dozens of enforcement matters, internal and government investigations, rulemakings, energy projects and in appellate litigation, Jim identifies and executes creative legal and strategic pathways to help clients achieve their objectives. Jim started his career in energy and transportation safety as an attorney the U.S. Department of Transportation (DOT), Pipeline and Hazardous Materials Safety Administration (PHMSA). Since departing government service, he has broadened his practice to include counseling on other DOT modal safety programs, including the National Highway Traffic Safety Administration (NHTSA), Federal Railroad Administration (FRA), and Federal Motor Carrier Safety Administration (FMCSA). Jim also advises clients on National Transportation Safety Board (NTSB) accident investigations, Government Accountability Office (GAO) audits and in state regulatory proceedings. Through this cross-cutting safety regulatory work, he has developed first-hand experience with many energy-related national safety and engineering codes and standards, including those for pipelines, utility-scale battery energy storage systems, and LNG facilities. Together, these experiences have given Jim a unique understanding of safety and regulatory risk management, corporate safety culture and how each bears on credibility and the bottom line. Jim serves as a member of the Firm’s Energy Management Team and in a number of its energy-related practice groups. He is a frequent speaker at energy conferences and has published numerous articles on energy law and policy.

JOSEPH E. HAINLINE is a Partner at Van Ness Feldman in Washington, D.C. Capitalizing on his experience as an Attorney Advisor at the Pipeline and Hazardous Materials Safety Administration (PHMSA), Joe leverages his extensive knowledge of pipeline safety to advise clients in the oil and gas sector on how to comply with PHSMA’s regulatory framework and processes. Joe also counsels clients on enforcement matters before PHMSA, as well as before state agencies, working with in-house counsel, engineers, and consultants to prepare thoughtful, well-supported factual and legal arguments that will support progress, while ensuring the preservation of due process. Joe also adds extensive knowledge on matters related to the jurisdiction and classification questions of natural gas and hazardous liquid gathering lines, underground natural gas storage, and on federal enforcement of third-party excavation damage incidents. Prior to his government service, Joe worked as a trial attorney, litigating a broad range of complex civil and criminal matters in both state and federal courts.