Primacy Problems

This Week's Trend In Brief:

• Earlier this month, the U.S. EPA granted Texas Class VI primacy, shifting oversight of carbon storage to the state Railroad Commission and prompting expectations of faster permitting and project timelines.

   

• But Louisiana’s experience shows otherwise, as primacy there triggered a surge of opposition that escalated from parish-level resistance to a statewide moratorium issued by Gov. Jeff Landry.

   

• While national environmental groups remain opposed to CCS, the more consequential shift has been the rise of conservative landowners and Republican officials who have taken the lead in fighting projects across Louisiana.

   

• These critics have now adopted the same playbook long used by climate activists, flooding hearings, organizing hyper-local campaigns, and filing lawsuits that stalled projects and ultimately pushed state leaders to halt new CCS development.

   

• Companies preparing to move in Texas or other primacy states must assume similar dynamics will emerge, and invest early in mapping local actors, elevating credible messengers, and deploying a playbook that prevents small pockets of resistance from becoming statewide roadblocks.

Digging Deeper:

Earlier this month, the U.S. EPA granted Texas Class VI primacy, shifting oversight of carbon storage to the state Railroad Commission and prompting expectations of faster permitting and project timelines. In its announcement, the EPA declared that primacy would allow “better coordination and improved efficiencies” and “that Texas is best positioned to protect its underground sources of drinking water while bolstering economic growth and energy dominance.” More than a dozen federal officials celebrated the move, with Sen. Ted Cruz arguing it would “help spur new investment” in “the energy capital of the world.” But while many have celebrated Texas’s primacy as a win for industry, a test case in Louisiana shows that regulatory control is only the opening move in a much longer fight.  

At the start of the year, the U.S. EPA granted Louisiana primacy over Class VI wells, with a similar slate of announcements declaring that it would speed up permitting. In practice, however, primacy became a catalyst for heightened opposition rather than a release valve. Environmental groups, already deeply skeptical of CCS, had mounted an aggressive campaign urging EPA to deny the state’s application for primacy, driving more than 45,000 public comments during the approval process. Their opposition was expected and continues to this day, as environmental groups continue to label carbon capture a “false solution.” What was not expected was the emergence of a new coalition of conservative landowners and Republican officials who typically support oil and gas but have united around property rights, groundwater protection, and local safety concerns. Louisiana’s experience made clear that primacy does not settle local unease or political blowback and can, in effect, shift and intensify battles at the state and parish levels rather than in Washington.

Indeed, since Louisiana secured primacy, this growing coalition of conservative landowners and Republican lawmakers has taken aim at CCS, positioning themselves as defenders of traditional oil and gas while rejecting carbon capture as an unnecessary risk. Local landowners who typically welcome industrial investment have become sharply skeptical, framing CCS not as an economic opportunity but as a threat to their property, water, and safety. Many point to potential groundwater contamination from injection wells, forced land use through eminent domain, or catastrophic accidents that they claim could endanger nearby residents. These concerns have taken hold precisely because they come from voices that industry has historically relied on for support, not opposition. Companies eyeing Texas or other primacy states for investment must understand that the backlash is no longer confined to environmental groups and is no longer predictable. Firms must prepare for opposition emerging from their traditional allies, understand how property rights politics and local distrust can escalate, and engage early to prevent these anxieties from calcifying into long-term barriers.

These new conservative critics are adopting the same playbook long associated with climate activists, filling hearings, driving hyper-local organizing, and pursuing litigation that has already stalled or reshaped projects in states like Louisiana. In that state, groups like the Louisiana CO2 Alliance and Save My Louisiana emerged as resident-led responses to local fears about carbon capture, organizing protests, community meetings, public-comment drives, and other campaigns that mirror tactics used for years by national environmental groups. The groups have echoed climate activists by naming carbon capture a “false solution,” and Save My Louisiana even filed a lawsuit challenging the state’s eminent domain authority, echoing strategies pioneered by groups like Earthjustice. Their sustained pressure has pushed Republican officials to publicly oppose CCS and spurred multiple parish police juries to pass resolutions against the technology, momentum strong enough that Gov. Jeff Landry ultimately issued a moratorium on new carbon capture projects. Yet, much like the climate activists they resemble, these conservative opponents argue the moratorium does not go far enough and continue to call for a full ban. Companies in Texas and other states seeking primacy must recognize that the newest pressure on CCS is coming from a populist flank of the right or risk being caught off guard when the opposition is not the opposition they expected.

For companies preparing to move in Texas, Louisiana, and beyond, the lesson is not simply to expect opposition, but to recognize that the opposition has evolved. The playbook that slowed projects in Louisiana is now being redeployed by voices that carry more weight with conservative policymakers and local communities. Companies need their own playbook to match it, one grounded in mapping local actors early, elevating trusted messengers who resonate with the right audiences, and engaging in ways that prevent small pockets of resistance from escalating into statewide roadblocks. Failing to understand these dynamics early leaves companies vulnerable to being blindsided by hyper-local concerns that rapidly harden into political barriers. The firms that succeed will be those that invest upfront in real intelligence on communities, stakeholders, and narratives before projects become flashpoints.

Trends in Energy is your weekly look at key trends affecting the energy industry, brought to you by the competitive intelligence experts at Delve. As the political and regulatory landscape continues to shift, reach out to learn how our insights can help you navigate these challenges.