News & Analysis as of

Carbon Capture and Sequestration Regulatory Authority

Gray Reed

North Dakota Pore Space Redux

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North Dakota surface owners defeated the carbon-storage lobby’s effort to steal their interstices.*  In Northwest Landowners Association, et al, v. State of North Dakota et al, a district court declared a portion of the CO2...more

Baker Botts L.L.P.

Carbon Capture Developments: Class VI Primacy in Louisiana and Texas

Baker Botts L.L.P. on

As energy infrastructure projects ramp up along the U.S. Gulf Coast and beyond, the role of states in holding primary enforcement authority (“primacy”) for certain federal programs has taken center stage; this is particularly...more

McGinnis Lochridge

Texas takes the reins on Class VI carbon sequestration wells

McGinnis Lochridge on

The EPA’s November 2025 approval granting Texas primary enforcement authority over Class VI injection wells fundamentally changes who controls permitting of carbon capture and sequestration projects across the nation’s...more

Haynes Boone

EPA Grants Texas Primacy Over Class VI Injection Wells

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The U.S. Environmental Protection Agency (EPA) issued a final rule approving the Texas Railroad Commission’s (RRC) application for primacy over Class VI injection wells. Class VI is a category of Underground Injection Control...more

Mayer Brown

Brazilian Public Consultation Discusses Rules for Carbon Capture and Storage (CCS) Projects

Mayer Brown on

In the context of regulating the Future Fuel Law (Law No. 14,933/2024), the Ministry of Mines and Energy (MME) launched, on November 17, 2025, Public Consultation No. 205, concerning the draft Decree that regulates Carbon...more

Pillsbury - Gravel2Gavel Construction & Real...

Texas Granted Primacy Over Class VI Carbon Storage Wells

On November 12, 2025, the U.S. Environmental Protection Agency (EPA) approved Texas’s request for primacy over Class VI underground injection control (UIC) wells under the Safe Drinking Water Act, authorizing the Railroad...more

Troutman Pepper Locke

Texas Receives Class VI Primacy: What CCS Developers Need to Know

Troutman Pepper Locke on

Last week, the U.S. Environmental Protection Agency (EPA) announced that it will formally grant the Railroad Commission of Texas (RRC) primary authority (known as “primacy”) to administer the Class VI Underground Injection...more

Latham & Watkins LLP

EPA Grants Texas Primacy Over Class VI Carbon Storage Wells

Latham & Watkins LLP on

The rule positions the Railroad Commission of Texas as the primary permitting authority over Class VI wells and could expedite CCS projects in the state....more

Bracewell LLP

EPA Grants Texas Primacy for Class VI Wells

Bracewell LLP on

On November 7, 2025, Environmental Protection Agency (EPA) Administrator Lee M. Zeldin signed a final rule approving the application of the State of Texas for transfer of primacy over Class VI Underground Injection Control...more

Vinson & Elkins LLP

Texas Progresses Toward CCS Primacy (UPDATED)

Vinson & Elkins LLP on

This week, the U.S. Environmental Protection Agency (EPA) took the penultimate step to granting Texas the authority to directly issue Class VI permits under the Safe Drinking Water Act’s Underground Injection Control (UIC)...more

Holland & Knight LLP

Texas Granted Primacy Over Class VI Wells, Streamlining Carbon Capture and Storage Permitting

Holland & Knight LLP on

The U.S. Environmental Protection Agency (EPA) on Nov. 12, 2025, announced a final rule granting the State of Texas primary implementation and enforcement authority (also known as primacy) for Class VI Underground Injection...more

Latham & Watkins LLP

EPA Proposes Repeal of GHG Reporting Program, Grants Arizona Primacy for UIC Wells

Latham & Watkins LLP on

The agency’s actions have significant implications for the domestic carbon capture and storage industry. In the same week, the US Environmental Protection Agency (EPA) took two rulemaking actions with significant...more

Snell & Wilmer

EPA Grants Arizona Lead Over Underground Injection Control Program

Snell & Wilmer on

On September 10, 2025, the U.S. Environmental Protection Agency (EPA) announced a final rule granting Arizona primacy to administer all classes of underground injection wells under the Safe Drinking Water Act (SDWA). This...more

Whiteford

Client Alert: DOE Grant Cancellations: Practical Steps for Recipients Facing Termination

Whiteford on

The Department of Energy (DOE) has recently terminated or suspended a number of high-profile energy grants, withdrawing more than $3.7 billion in commitments for projects involving carbon capture, decarbonization, and...more

King & Spalding

Developments in Class VI Delegation: Arizona and Texas Await Final Rules

King & Spalding on

On August 1, EPA’s comment period on its proposal to grant Texas “primacy” over permitting and enforcement of Class VI underground injection wells closed, marking another milestone in the expansion of state-managed Carbon...more

Foley & Lardner LLP

EPA Signals Approval of Texas’ Class VI Injection Well Primacy: Streamlining Carbon Capture and Climate Action

Foley & Lardner LLP on

In a significant move for environmental policy and energy innovation, the U.S. Environmental Protection Agency (EPA) has proposed to approve Texas’ application to administer its own Class VI underground injection well...more

Latham & Watkins LLP

EPA Proposes Granting Texas Primacy for Class VI Wells

Latham & Watkins LLP on

The proposal could accelerate the permitting process for carbon capture and storage projects in the state. On June 9, 2025, the US Environmental Protection Agency (EPA) signed a proposed rule that, if approved, would...more

Vinson & Elkins LLP

Texas Progresses Toward CCS Primacy

Vinson & Elkins LLP on

This week, the U.S. Environmental Protection Agency (EPA) took the penultimate step to granting Texas the authority to directly issue Class VI permits under the Safe Drinking Water Act’s Underground Injection Control (UIC)...more

Pillsbury - Gravel2Gavel Construction & Real...

Texas Clears Penultimate Hurdle to Class VI Primacy: What it Means for CCS and State-Led Permitting

On June 9, 2025, the U.S. Environmental Protection Agency (EPA) proposed granting the State of Texas primary enforcement authority—commonly referred to as “primacy”—over the permitting and regulation of Class VI underground...more

Baker Botts L.L.P.

Carbon Sequestration Advances in Texas as EPA Proposes to Grant Class VI Primacy

Baker Botts L.L.P. on

On June 9, 2025, EPA issued a prepublication version of the proposed rule granting Class VI underground injection control (“UIC”) primary enforcement authority (“primacy”) to Texas. Class VI UIC wells are used for the...more

Latham & Watkins LLP

EPA Proposes Granting Arizona Primacy for All Classes of Injection Wells

Latham & Watkins LLP on

The proposal could accelerate the permitting process for projects in the state, including carbon capture and storage (CCS) projects....more

Perkins Coie

State Control of Injection Well Permitting Stays in Focus Amid Legal Challenges Over CCS Infrastructure

Perkins Coie on

Key Takeaways - - EPA is evaluating the Texas Railroad Commission's formal primacy application. If granted, Texas will assume primary enforcement authority—or primacy—over Class VI wells. - Carbon capture and storage...more

Oliva Gibbs

Ohio Gets in on the Action: Proposed House Bill 170 Takes Aim at Carbon Capture & Sequestration

Oliva Gibbs on

The Ohio General Assembly has recently introduced their attempt to allow carbon capture and sequestration (hereinafter “CCS”) as a widespread means of reducing carbon emissions within the State. The proposed act (hereinafter...more

Allen Matkins

California Environmental Law & Policy Update - July 2022

Allen Matkins on

Supreme Court restricts EPA's authority to mandate carbon emissions reductions - Associated Press - June 30 - In a blow to the fight against climate change, the Supreme Court on Thursday limited the extent of the U.S....more

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