Deep South Center for Environmental Justice v. EPA

The Fifth Circuit Court of Appeals ruled that three environmental groups lacked standing to challenge the U.S. Environmental Protection Agency’s (EPA’s) decision granting the State of Louisiana primary enforcement authority over underground injection control wells used for geological sequestration of carbon dioxide. First, the court found that alleged past and future reallocation of resources by one of the organizations in response to EPA’s action did not establish “organizational” standing. Second, the court found that the other two organizations’ allegations of injuries to their members did not satisfy standing requirements for imminence and causation because the injuries were speculative, attenuated, or contingent. The alleged injuries included economic injuries from increased energy costs; health, property, aesthetic, recreational, economic, profession, and procedural injuries related to concerns regarding carbon dioxide leaks, explosions, and other dangers; and absence of recourse for damages due to the Louisiana’s provision for a liability transfer upon well completion.

Two environmental organizations and a utility consumer advocacy group filed a petition for review in the Fifth Circuit Court of Appeals challenging the U.S. Environmental Protection Agency’s (EPA’s) final rule approving the State of Louisiana’s application to revise its underground injection control (UIC) program to include Class VI injection well primary enforcement responsibility (primacy). The final rule allows the Louisiana Department of Natural Resources to issue UIC permits for geologic carbon sequestration facilities and ensure compliance of Class VI wells under the UIC program.