Carbon Sequestration

We help landowners negotiate easements and leases with operators of carbon dioxide sequestration projects.  This work includes ensuring that existing and future surface uses of the property are preserved, that owners are legally protected through strong indemnities and other mechanisms, and that owners are adequately compensated for the use of their pore space.

These projects are long term (potentially many decades) with economics driven by federal tax credits and were recently increased by the 2022 Inflation Reduction Act. As such, this is a new, complex, and evolving area of law. Landowners approached with potential carbon sequestration opportunities should seek competent legal counsel to ensure that their interests are protected.

To date, our firm has represented clients on several carbon sequestration projects that have closed, and we are currently engaged with additional projects.