CCUS: Understanding The Class VI Permitting Process
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
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
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
The proposal could accelerate the permitting process for projects in the state, including carbon capture and storage (CCS) projects....more
Stakeholders following developments in states obtaining primary authority for implementation and enforcement of permitting of carbon storage and sequestration wells, take notice. With a recent Memorandum of Agreement between...more
The proposal represents a step forward for carbon capture and storage projects in the state and could accelerate the permitting process. The US Environmental Protection Agency (EPA) has proposed a significant regulatory...more
On July 17, 2024, Pennsylvania joined a growing number of states establishing a legal framework for the underground storage of carbon dioxide. Carbon capture and underground sequestration (“CCUS”) is promoted as a technology...more
On July 26, 2024, as part of the Colorado Energy and Carbon Management Commission’s (CECMC) ongoing efforts to obtain primacy to regulate Class VI wells for long term carbon sequestration under the U.S. Environmental Agency’s...more
Several industries in the United States are expanding the use of injecting captured carbon dioxide (CO2) into deep underground wells (or geologic formations). The impetus of this carbon capture and sequestration (CCS)...more
Since the US Environmental Protection Agency (EPA) granted Louisiana primary enforcement authority over Class VI underground injection wells, there have been a number of legislative developments aimed at regulating carbon...more
On May 26, the Illinois legislature passed comprehensive carbon capture, utilization, and sequestration (CCUS) legislation. CCUS involves the capture of carbon dioxide directly from ambient air or uses processes to separate...more
On December 28, 2023, the U.S. Environmental Protection Agency (“EPA”) granted Louisiana primary enforcement authority (“primacy”) under the federal Safe Drinking Water Act’s (“SDWA”) Underground Injection Control (“UIC”)...more
Executive Summary - The State of Louisiana recently achieved a significant milestone in the regulation of the carbon capture and sequestration (CCS) industry by obtaining primary enforcement authority (primacy) over Class...more
Four individuals filed a February 22nd document before the United States Environmental Protection Agency (“EPA”) Environmental Appeals Board (“EAB”) styled: Petition for Review by Andrew Lenderman, Ben Lenderman, Floyd...more
EPA’s transfer of primary enforcement authority to states for carbon capture and storage projects may decrease permitting delays but raise legal questions. Louisiana has become the third state in the United States to...more
Louisiana is the third state granted authority to permit and regulate Class VI underground injection control (UIC) wells, marking a significant step forward for these projects. The Environmental Protection Agency (EPA)...more
Recently, the United States Environmental Protection Agency ("EPA") signed a final rule granting the State of Louisiana's request for primary responsibility for the permitting, compliance, and enforcement of Class VI (deep...more
Carbon capture and sequestration (“CCS”) projects represent a critical pillar in many companies’ strategies to navigate the low-carbon transition. However, the U.S. Environmental Protection Agency’s (“EPA”) delays in issuing...more
On May 4, 2023, the US Environmental Protection Agency (EPA) published its proposal to approve revision of Louisiana’s Safe Drinking Water Act (SDWA) Underground Injection Control (UIC) program to add Class VI injection well...more
The U.S. Environmental Protection Agency (EPA) announced its intent to approve the State of Louisiana’s request to take primary responsibility for the permitting of geologic carbon sequestration facilities as Class VI...more
If carbon in the atmosphere is a problem, and that atmospheric carbon resulted from burning fossil fuels like coal, oil and gas, then a simple solution is to remove the carbon from the atmosphere and to put it back into the...more
As carbon capture and sequestration (CCS) projects proliferate across America, hints of conflict around the relatively new and large-scale business endeavors are beginning to appear. On Tuesday, Oct. 18, international...more
Let’s assume you own a 93-acre farm in Tioga County. In 1986 your grandfather sold the oil and gas rights to his neighbor, John Mize. In the early 1990’s, Mr. Mize signed an oil and gas lease with XYZ Drilling. Several years...more
After significant lobbying by California Governor Gavin Newsom, the California Legislature passed a flurry of climate bills last week and approved nearly $54 billion in climate spending. Included in the suite of bills sent to...more
On April 21, 2022, Governor DeWine signed into law House Bill 175. House Bill 175 includes a provision requiring the Ohio Department of Natural Resources to begin the process of seeking primacy over Class VI injection wells...more