Carbon Capture and Sequestration

Clark Hill provides comprehensive legal counsel to companies developing, financing, and operating carbon capture and sequestration (CCS) projects across the energy, petrochemical and industrial sectors. As CCS becomes an increasingly important decarbonization tool for emissions reduction and compliance strategies, the firm advises clients on navigating the complex regulatory, commercial, environmental and operational issues that accompany these projects.

CCS projects require coordination across multiple legal regimes, including environmental regulation, energy law, property rights, permitting requirements and long-term liability management. Clark Hill’s Carbon Capture and Sequestration practice integrates regulatory, transactional, environmental, and litigation experience to help clients structure projects, manage risk, and advance deployment across our footprint.

Clark Hill advises on:

Development and structuring of CCS and carbon capture utilization and storage projects
Permitting and regulatory approvals, including federal and state requirements
Pore space acquisition, surface access, landowner management and subsurface property rights
Transportation of captured carbon, including pipeline and infrastructure issues
Project finance, commercial agreements, and risk allocation
Engagement with community stakeholders in the geographic location of the project
Long-term liability, monitoring, and post-closure obligations

The firm also counsels clients on incentives and compliance frameworks applicable to CCS projects, including 45Q federal tax credits and evolving state and federal policies. Clark Hill helps clients align project structures with incentive eligibility, financing requirements, and long-term regulatory obligations.

In addition, Clark Hill represents CCS project participants in disputes and regulatory enforcement matters arising from permitting, environmental, land use, contractual arrangements, and operational performance. This experience allows the firm to advise proactively on risk mitigation while providing strong advocacy when disputes arise.

By combining technical understanding with a practical, business-focused approach, Clark Hill supports clients seeking to deploy CCS as part of broader decarbonization, compliance, and energy transition strategies. The firm’s CCS practice is designed to help clients move complex projects forward while managing regulatory uncertainty and long-term risk.

Practice Areas

Energy & Renewables