News & Analysis as of

Underground Injection Wells Carbon Capture and Sequestration Safe Drinking Water Act

Latham & Watkins LLP

EPA Proposes Granting Texas Primacy for Class VI Wells

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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

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

Latham & Watkins LLP

EPA Proposes Granting Arizona Primacy for All Classes of Injection Wells

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

Oliva Gibbs

Environmental Justice Groups Challenge EPA’s Grant of Primacy to Louisiana for Class VI Injection Wells Relative to Carbon...

Oliva Gibbs on

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

Vinson & Elkins LLP

CCS Permitting Roundup: EPA Grants Louisiana Permitting Primacy But Challenges Remain

Vinson & Elkins LLP on

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

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

Carbon Sequestration/Class VI Underground Injection: U.S. EPA Environmental Appeals Board Petition Challenging Two Indiana Permits

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

Latham & Watkins LLP

EPA Grants Louisiana Class VI Primacy

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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

Pillsbury Winthrop Shaw Pittman LLP

And Then There Were Three: Louisiana Granted Primacy over Class VI Wells

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

Vinson & Elkins LLP

Texas Crawls Towards Primacy for CCS Permits

Vinson & Elkins LLP on

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

Bracewell LLP

EPA’s Proposal to Grant Class VI Primacy to Louisiana – Availability of Application Documents

Bracewell LLP on

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

Akin Gump Strauss Hauer & Feld LLP

EPA Announces Intent to Approve Class VI Primacy for Louisiana

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

Opportune LLP

Comparing Underground Natural Gas Storage With Deep Saline Injection Of Carbon Dioxide

Opportune LLP on

Find out why underground natural gas storage can serve as a useful analog when developing large-scale carbon capture and sequestration projects....more

Snell & Wilmer

Who Owns Pore Space for Geologic Carbon Sequestration? Renewed Focus on Carbon Capture and Storage Likely to Bring Ownership...

Snell & Wilmer on

The omnibus appropriations legislation passed by Congress in December 2020 contained notable bipartisan energy initiatives, including extension of tax incentives for renewable energy development, energy efficiency, and energy...more

Stoel Rives LLP

North Dakota’s UIC Class VI Primacy Wait is Almost Over

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The U.S. Environmental Protection Agency (EPA) is poised to approve North Dakota’s application for primary enforcement authority over the underground injection of CO2 for geologic sequestration in that state. Nearly four...more

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