News & Analysis as of

Safe Drinking Water Act Environmental Protection Agency (EPA) Permits

King & Spalding

Developments in Class VI Delegation: Arizona and Texas Await Final Rules

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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

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

Steptoe & Johnson PLLC

U.S. EPA Approves West Virginia’s Request for Primacy Regarding Issuance of Class VI Injection Well Permits

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The U.S. Environmental Protection Agency (EPA) has approved West Virginia’s application to obtain authorization and primacy regarding the issuance of permits for Class VI underground injection control (UIC) wells. This...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

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

Underground Injection Control/Class II-D: Three Rivers Waterkeeper U.S. EPA Environmental Appeals Board Challenge to Allegheny...

Protect PT and Three Rivers Waterkeeper (collectively, “Three Rivers”) filed a document before the United States Environmental Protection Agency (“EPA”) Environmental Appeals Board styled: Petition for Review by Protect...more

Pillsbury Winthrop Shaw Pittman LLP

State-Level Permitting Primacy May Boost Carbon Capture and Storage

Texas and Louisiana are stepping up efforts to assume regulatory authority for an emerging wave of Carbon Capture and Storage (CCS) projects. Despite carbon sequestration being highly touted as a key tool to mitigate...more

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

U.S. EPA Environmental Appeals Board: Petition Filed Challenging Class III/Class V Underground Injection Permits for South Dakota...

The Oglala Sioux Tribe (“Petitioner”) filed a December 24th Petition for Review (“Petition”) challenging the United States Environmental Protection Agency’s (“EPA”) issuance of an underground injection control (“UIC”) Class...more

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

PFAS/Clean Water Act: U.S. Environmental Protection Agency Issues Interim Strategy for NPDES Permitting

The United States Environmental Protection Agency (“EPA”) issued a memorandum titled: Recommendations from the PFAS NPDES Regional Coordinators Committee - Interim Strategy for Per- and Polyfluoroalkyl Substances in...more

Holland & Knight LLP

New Environmental Appeals Board Permit Appeal Procedures Take Effect Sept. 21, 2020

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On Aug. 21, 2020, the U.S. Environmental Protection Agency (EPA) published its Final Rule, Streamlining Procedures for Permit Appeals, in the Federal Register (85 Fed. Reg. 51,650), which becomes effective Sept. 21 for all...more

BakerHostetler

US EPA Streamlines Appeals to Environmental Appeals Board

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As of Sept. 21, 2020, the Environmental Appeals Board (EAB)—the body used to hear administrative appeals of permits issued by or on behalf of the U.S. Environmental Protection Agency (EPA)—will begin operating under a new set...more

Williams Mullen

EPA Clarifies its Stance on the Regulation of Groundwater Under the Clean Water Act

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EPA recently issued an interpretive statement (“Interpretive Statement”) setting forth its position on the Clean Water Act’s (“Act”) regulation of discharges to groundwater, offering much-needed clarity on an issue subject to...more

Tonkon Torp LLP

Beware Environmental Regulations Lurking in Local Codes – Such as the Wellhead Protection Program

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Most companies know that the environmental impacts of their operations are regulated by the federal government (primarily the US Environmental Protection Agency) and various state governments (in Oregon, primarily the Oregon...more

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