News & Analysis as of

Carbon Capture and Sequestration State and Local Government

Gray Reed

North Dakota Pore Space Redux

Gray Reed on

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

Haynes Boone on

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

Winstead PC

Texas’ CCS Landscape Shifts with Class VI Primacy and Clearer Pore-Space Ownership Rules

Winstead PC on

On November 12, 2025, the U.S. Environmental Protection Agency (EPA) granted the Texas Railroad Commission (RRC) primacy over the Class VI Underground Injection Control (UIC) program, authorizing Texas to assume primary...more

Beveridge & Diamond PC

Texas Class VI Primacy: What EPA’s Delegation to the Railroad Commission Means for CCS Projects

Beveridge & Diamond PC on

On November 12, 2025, the U.S. Environmental Protection Agency (EPA) approved Texas’s application for Class VI UIC primacy, giving the Texas Railroad Commission (RRC) primary enforcement authority over CO₂ sequestration wells...more

Phelps Dunbar

Texas Gains Primacy for Class VI Carbon Capture Wells

Phelps Dunbar on

The U.S. Environmental Protection Agency (EPA) recently finalized a rule granting the State of Texas primary permitting and enforcement authority over Class VI Underground Injection Control (UIC) wells under the federal Safe...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

Baker Botts L.L.P.

Texas Granted Primacy over Class VI Carbon Sequestration Wells

Baker Botts L.L.P. on

On November 12, 2025, the Railroad Commission of Texas (“RRC”) and U.S. Environmental Protection Agency (“EPA”) announced that EPA had granted Texas primary enforcement authority (“primacy”) under the Safe Drinking Water Act...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

Phelps Dunbar

Louisiana Freezes New Carbon Capture Applications

Phelps Dunbar on

Louisiana Gov. Jeff Landry this week signed an Executive Order declaring a moratorium on review of new permit applications for Class VI underground injection wells in the state and directing prioritized review of several...more

Vinson & Elkins LLP

Louisiana Presses Pause on Class VI Permitting

Vinson & Elkins LLP on

On October 15, 2025, Louisiana Governor Jeff Landry issued an Executive Order (“Order”) halting the review of all new Class VI Underground Injection Control (“UIC”) well permits in the state and directed the state’s...more

Phelps Dunbar

Louisiana Receives its First Class VI Carbon Capture Permit

Phelps Dunbar on

Louisiana’s Department of Energy and Natural Resources (LDENR) issued the state’s first Class VI permit authorizing the injection of carbon dioxide (CO2) into underground formations for storage. Issued in connection with a...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

Jones Day

The Climate Report - Third Quarter 2025

Jones Day on

Both Convergence and Divergence Seen in Emerging State Climate - Disclosure Bills A wave of climate-related disclosure bills in California, New York, Colorado, New Jersey, and Illinois share a common architecture yet...more

BakerHostetler

Pore Space Update: Texas Joins the Majority American Rule, but Accommodation Issues Remain at Play

BakerHostetler on

Texas is the latest in a growing number of states to tackle the issues related to ownership and severability of the pore space underneath land as carbon capture and sequestration (CCS) remains a relevant tool in CO2...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

Hinshaw & Culbertson LLP

New Session, New Laws, New Lens: How Louisiana’s 2025 Legislative Session and the Federal One Big Beautiful Bill Act Have Reshaped...

A significant piece of legislation seems to have slipped under the radar of many watching the carbon capture & storage (“CCS”) space in Louisiana. While on the national level, contrary to some fears, the One Big Beautiful...more

McGuireWoods LLP

Eighth Circuit Reaffirms Federal Preemption Over Local Pipeline Ordinances

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Last month, the U.S. Court of Appeals for the Eighth Circuit issued an opinion discussing the Pipeline Safety Act’s (PSA’s) preemption over local ordinances seeking to regulate pipeline safety — a decision that provides...more

Troutman Pepper Locke

Well, Well: Outlook for CCUS Projects in Texas Improves as EPA Proposes to Delegate Permitting Authority and the Texas Supreme...

Troutman Pepper Locke on

On June 17, the Environmental Protection Agency (EPA) published a proposed rule to approve Texas’s application for primary permitting and enforcement responsibility (primacy) for carbon dioxide (CO2) sequestration wells...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

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