CCUS: Understanding The Class VI Permitting Process
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
The United States Environmental Protection Agency (“EPA”) Environmental Appeals Board (“EAB”) issued a September 12th Order addressing a Petition for Review of two Underground Injection Control Permit decisions EPA Region 8...more
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
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
The 89th legislative session was a busy one for the Texas oil, gas, and energy industry. This article summarizes several, although not all, of the bills affecting the industry that were passed during the 89th Texas...more
Texas produces more than just oil and gas. Every day, millions of gallons of produced water are generated as a byproduct of oil and gas production. Once viewed strictly as a waste product, produced water is now at the center...more
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
The United States Environmental Protection Agency (“EPA”) Office of Inspector General (“OIG”) issued a July 28th report titled: Evaluation of the EPA’s Implementation of the Underground Injection Control Class VI Well...more
The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and the Hounds’ Hideaway Rogers, LLC (“Hounds”) entered into an April 9th Consent Administrative Order (“CAO”) addressing an...more
Flow Water Advocates (“FWA”) filed a pleading before the United States Environmental Protection Agency (“EPA”) Environmental Appeals Board styled: PETITION FOR REVIEW OF UNDERGROUND INJECTION CONTROL PERMITS ISSUED AND...more