Articles Posted in Carbon Sequestration

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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 Commission of Texas (RRC) to issue and oversee permits for carbon capture and storage (CCS) injection projects. The final rule makes Texas the sixth state to secure primacy over Class VI wells—following North Dakota, Wyoming, Louisiana, Arizona and West Virginia—and marks EPA’s third such approval in the last several months.

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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 injection control (UIC) wells under the Safe Drinking Water Act (SDWA). This would authorize the Texas Railroad Commission (RRC) to regulate the geologic sequestration of carbon dioxide (CO₂) through Class VI wells—an essential component of carbon capture and storage (CCS) infrastructure.

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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 issue of subsurface property rights in the context of salt dome mining. The Court held that, unless a deed provides otherwise, subsurface voids created by salt mining operations are owned by the surface estate holder, not the mineral interest holder. By rejecting a salt-specific rule, the Court harmonized ownership principles across subsurface formations, applying a uniform rule regardless of the type of mineral removed.

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GettyImages-1311468457-291x300Whether by land, by sea or through human innovation, carbon sequestration is likely coming to (or already happening in) a destination near you. As our planet, overdosed on greenhouse gases, battles climate disasters, a logical solution is to simply stop pumping carbon dioxide into the air. Legislation worldwide is aimed at that target, but reducing output alone may not be enough. There are still billions of tons of extra CO2 already in the atmosphere—this crossroads is where sequestration comes into play.

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