EPA's decision to rescind its environmental justice guidance for Class VI carbon sequestration wells leaves public participation rules unclear across federal and state permitting. A new Congressional Research Service report says the permitting backlog reached 142 wells across 44 projects as of September, compared with just 13 wells operating under EPA-issued permits. Six states now have Class VI primacy, including North Dakota, Wyoming, Louisiana, West Virginia, Arizona, and Texas. Louisiana paused new permit approvals in 2025, citing environmental, legal, and resource concerns. EPA still targets a two-year review timeline, but the technical review is the longest and most complex step. Congress is weighing changes to the 2010 Class VI rule and bills like the Primacy Certainty Act, which would force EPA to decide state primacy applications within 180 days. For carbon capture developers, the gap between policy intent and permit reality remains the main bottleneck.
