News & Analysis as of

Carbon Capture and Sequestration

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

Vinson & Elkins LLP

English Court of Appeal Dismisses Application for Judicial Review on Carbon Capture Project at Net Zero Teesside

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In welcome news for developers and stakeholders in new carbon capture, utilization, and storage (CCUS) and fossil-fueled energy transition projects, on 22 May 2025, England’s Court of Appeal dismissed an application for...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

Troutman Pepper Locke

Tax Credit Implications of the One Big Beautiful Bill Act

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On May 22, the U.S. House of Representatives passed an amended version of H.R. 1—the One Big Beautiful Bill Act (the Bill) — by a vote of 215-214. The House-passed version of the bill, slated to be considered by the Senate...more

Dorsey & Whitney LLP

Energy Law: Month in Review - May 2025

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Welcome to Dorsey’s Energy Law: Month in Review. We provide this update to our clients to identify significant developments in the previous month. Please reach out to any of the authors, listed above, to discuss these issues....more

Brownstein Hyatt Farber Schreck

Wyoming Joint Minerals Committee Looks to Enhanced Oil Recovery

On May 21, 2025, the Joint Minerals, Business and Economic Development Committee met in Casper, Wyoming. Lawmakers and industry leaders examined the future of enhanced oil recovery (EOR) in the state—an effort that could...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

Holland & Knight LLP

Texas Supreme Court: Subsurface Storage Rights Generally Belong to Surface, Not Mineral Owner

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The Supreme Court of Texas has provided helpful guidance as to ownership of subsurface storage rights and pore space. In the recent holding in Myers-Woodward, LLC v. Underground Services Markham, LLC, the court held that "the...more

Pillsbury - Gravel2Gavel Construction & Real...

From Shale to Salt: Texas Supreme Court Applies Uniform Rule for Ownership of Subsurface Caverns

In a closely watched opinion issued on May 16, 2025, the Texas Supreme Court in Myers-Woodward, LLC v. Undergrounds Services Markham, LLC, — S.W.3d —, No. 22-0878, 2025 WL 1415892 (Tex. May 16, 2025) resolved a long-uncertain...more

Holland & Knight LLP

Pennsylvania DEP Accepting Applications for $320M RISE PA Program

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With a total funding of $396 million, the Reducing Industrial Sector Emissions in Pennsylvania (RISE PA) Program's goal is to significantly reduce greenhouse gas (GHG) emissions and co-pollutants from Pennsylvania's...more

Holland & Knight LLP

The Path to Class VI Primacy in Texas: MOA Reveals State and Federal Priorities for Program

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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

Perkins Coie

State Control of Injection Well Permitting Stays in Focus Amid Legal Challenges Over CCS Infrastructure

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Key Takeaways - - EPA is evaluating the Texas Railroad Commission's formal primacy application. If granted, Texas will assume primary enforcement authority—or primacy—over Class VI wells. - Carbon capture and storage...more

Oliva Gibbs

Ohio Gets in on the Action: Proposed House Bill 170 Takes Aim at Carbon Capture & Sequestration

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The Ohio General Assembly has recently introduced their attempt to allow carbon capture and sequestration (hereinafter “CCS”) as a widespread means of reducing carbon emissions within the State. The proposed act (hereinafter...more

Dentons

Iowa 2025 Legislative Session – Week 16

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Last week marked the scheduled 110th day of the 2025 Iowa Legislative Session, the last scheduled day. Legislators must now work to pass an annual budget, but disagreements between the chambers on major policy items as well...more

Beveridge & Diamond PC

Carbon Sequestration in Texas: EPA Region 6 Issues Draft Permits for Proposed Geologic Sequestration of Carbon Dioxide in Texas...

This alert was originally published on September 19, 2024, and has been revised based on recent developments. Update: On April 29, 2025, US EPA and the Texas Railroad Commission (RRC) signed a memorandum of agreement...more

Mintz - Energy & Sustainability Viewpoints

Sustainable Energy & Infrastructure M&A Activity — May 2025

April 17, 2025: Holocene Climate Corporation, a developer of carbon removal technology designed to use organic chemistry to remove carbon dioxide from the air, was acquired by Occidental Petroleum (NYS: OXY) for an...more

King & Spalding

Germany’s Incoming Government and Its Impacts on Future Energy and Decarbonization Policies in Europe

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Talks (Koalitionsverhandlungen) between the centre-right CDU/CSU and centre-left SPD to form a new German government concluded in a coalition agreement reached on April 9, 2025. In our previous coverage of the German...more

Morgan Lewis

Treasury Department Releases Final Regulations Applicable to the Hydrogen Tax Credits

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On January 3, 2025, the US Department of the Treasury released final Treasury regulations applicable to the hydrogen production tax credit under Section 45V and the investment tax credit for hydrogen production facilities...more

Jones Day

New Carbon Removal Certification Framework in Europe

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On November 27, 2024, the European Union ("EU") adopted Regulation (EU) 2024/3012 establishing a Union certification framework for permanent carbon removals, carbon farming, and carbon storage in products (the "Carbon Removal...more

Mayer Brown

Unleashing American Energy Executive Order: Impact on Carbon Capture

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AT A GLANCE - The Trump Administration issued the “Unleashing American Energy” Executive Order (EO) on January 20, 2025, which, among other matters,...more

Latham & Watkins LLP

EPA Grants West Virginia Primacy for Class VI Wells

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This grant of authority could accelerate the permitting process for carbon capture and storage projects in the state. On February 18, 2025, the US Environmental Protection Agency (EPA) approved a final rule granting West...more

Vinson & Elkins LLP

Outlook on the New Administration: What’s Next for CCS Permitting?

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Despite the Biden administration’s public support for carbon capture and sequestration (“CCS”), we saw neither faster CCS permit approvals from the U.S. Environmental Protection Agency (“EPA”) nor a significant push towards...more

Blake, Cassels & Graydon LLP

Captage et stockage géologique du dioxyde de carbone direct de l’air : publication de l’avant-projet de protocole fédéral de...

En janvier 2025, Environnement et Changement climatique Canada (« ECCC ») a publié l’avant-projet de protocole fédéral de crédits compensatoires (le « Protocole ») en lien avec le captage et le stockage géologique du dioxyde...more

Blake, Cassels & Graydon LLP

Canada Publishes Draft Offset Protocol for Direct Air Carbon Dioxide Capture and Geological Storage

In January 2025, Environment and Climate Change Canada (ECCC) released a preliminary draft of its Federal Offset Protocol (Protocol) for direct air carbon dioxide capture and geological storage (DACCS) projects. The Protocol...more

Flaster Greenberg PC

Europe's Latest Energy Squabble - England Versus Norway

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Great Britain’s Labour Prime Minister Keir Starmer has shaken up the British political scene since July 2024, including making a priority of a “Net Zero” policy regarding energy generation and use in the United Kingdom. Led...more

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