Carbon Capture Developments: Class VI Primacy In Louisiana And Texas

As energy infrastructure projects ramp up along the U.S. Gulf Coast and beyond, the role of states in holding primary enforcement authority ("primacy") for certain federal programs has taken center stage; this is particularly true for owners and developers seeking approval for Carbon Capture and Sequestration ("CCS") projects. Since 2018, six states have received primacy for the Safe Drinking Water Act's Class VI underground injection control program, which applies to wells used to inject and permanently sequester carbon dioxide underground. Although Texas's Class VI primacy was just approved in November 2025, recent developments in Louisiana's Class VI permitting efforts provide insight into the shifting disputes surrounding energy-infrastructure permits and projects.