News & Analysis as of

Rulemaking Process State and Local Government Regulatory Authority

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

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

Mitchell, Williams, Selig, Gates & Woodyard,...

Agricultural Nutrient Pollution/State of New York Supreme Court (County of Albany) Addresses Whether Department of Health Can...

The State of New York Supreme Court/County of Albany (“Court”) addressed in a May 6th Order whether the New York State Department of Health (“DOH”) has the authority to issue Watershed Rules and Regulations (“Rules”) to...more

Mayer Brown

Governo de Minas Gerais cria agência reguladora de Transportes

Mayer Brown on

O Governo do Estado de Minas Gerais deu um passo significativo no fortalecimento do marco regulatório do setor de transportes ao aprovar a instituição da Agência Reguladora de Transportes do Estado de Minas Gerais (Artemig) e...more

Clark Hill PLC

The demise of “Chevron Deference” on the federal level has also arrived in the Arizona state courts

Clark Hill PLC on

Changes in federal and many states’ laws (e.g., just last month in Arizona) may put industry on more equal footing with agencies when interpreting rules and permit terms. If agencies have overreached on these interpretations,...more

Morgan Lewis - Power & Pipes

Pennsylvania PUC Final Policy Statement on Utility Rate Design for EV Charging Becomes Effective

In November 2023, the Pennsylvania Public Utility Commission (PUC) issued a proposed policy statement to encourage Pennsylvania’s electric distribution companies (EDCs) to develop distribution and default service rate...more

Cozen O'Connor

Republican AGs Urge EPA to Recognize Greater State Control over Waterways

Cozen O'Connor on

A group of 18 Republican AGs and the Arizona legislature submitted a comment letter in response to the EPA’s request for feedback on the definition of “waters of the United States” (WOTUS), which determines which water bodies...more

Frost Brown Todd

Indiana Political Subdivisions Required to Livestream, Record, and Archive All Public Meetings Beginning July 1, 2025

Frost Brown Todd on

In 2023, the Indiana General Assembly adopted HEA 1167-2023, which created a new statutory section within the Open-Door Law statutes (I.C. 5-14-1.5-2.9). That statute was subsequently amended in HEA 1306-2024 and is scheduled...more

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