In a significant milestone for carbon capture and sequestration (“CCS”) projects in California, the Environmental Protection Agency issued four Class VI Underground Injection Control (“UIC”) permits in the Biden Administration’s final days. These permits are the first Class VI injection wells that the EPA has approved in California.

EPA Affirms Permit Compliance and Proactive Risk Management

Under the Safe Drinking Water Act, the EPA regulates wells that inject fluids underground for storage through Class VI permits. The Class VI UIC permits recently issued by the EPA authorize constructing four deep injection wells that will safely inject and store CO2 into deep geologic formations. These injections can significantly reduce industrial emissions by capturing emissions at the point source. The EPA determined that the regional and local geologic features of the well locations allow for safely storing nearly 38 million metric tons of CO2, thus protecting underground sources of drinking water. These determinations follow a thorough technical review of the project proponent’s supporting data and review of thousands of public comments on the draft permits.

The UIC permits require that project proponents adopt rigorous monitoring protocols, including continuous measurement of CO2 levels, ground water quality checks, well integrity monitoring, and transparent public reporting. The project proponents also must plug 200 wells in the area where CO2 is expected to migrate during the project before carbon injections begin.

Advancing Federal Climate Goals Amid Controversy

These permits underscore ongoing efforts to combat climate change by promoting CCS. First of their kind, these permits provide a federal regulatory framework for CO2 storage. These permits should facilitate the expansion of CCS infrastructure throughout California.

But these developments are not without controversy. In November, community groups sued Kern County over its approval of a CCS project. The lawsuit claims the County failed to adequately assess environmental risks, including potential air quality impacts, groundwater contamination, and local ecological disruption. The lawsuit reflects uncertainty over the role of CCS in the transition to renewable energy. Concerns include the diversion of resources away from clean energy solutions and the continued reliance on fossil fuel-based systems. These debates highlight the complexities of CCS adoption as a climate mitigation strategy.

A Bipartisan Approach to Advancing CCS

While substantial shifts in policies from the incoming Trump Administration are forthcoming, we can expect continued bipartisan support for CCS technologies and permitting. The economic and environmental potential of CCS drives this support. The Trump Administration, for example, has expressed interest in streamlining CCS permitting processes through state involvement. In October 2024, the Carbon Capture Coalition encouraged President Trump’s election campaign to advocate for streamlined permitting processes and federal support for CCS infrastructure. The Coalition cited bipartisan backing and the economic benefits of expanded carbon management technologies.

By granting the Class VI permits, the Biden Administration aligned itself with the streamline permitting process that the Coalition encourages. These permits also reflect the federal and California state government’s shared commitment to advancing cutting-edge CCS technologies while upholding rigorous environmental and safety standards. As we have previously explained, there are many overlapping permitting requirements, which can be challenging. So this shared commitment is critical to mitigating the harm that climate change presents.

Please contact our environmental and land use attorneys if you have any questions about CCS projects in California.