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The Climate Litigation Database

West Virginia Surface Owners’ Rights Organization v. Zeldin

About this case

Filing year
2025
Status
Petitioners' brief filed.
Docket number
25-1384
Court/admin entity
United StatesUnited States Court of Appeals for the Fourth Circuit (4th Cir.)United StatesUnited States Federal Courts
Case category
Federal Statutory Claims (US)Other Statutes and Regulations (US)
Principal law
United StatesSafe Drinking Water Act (SDWA)United StatesState ConstitutionsWest Virginia ConstitutionUnited StatesWest Virginia Law on Underground Carbon Dioxide Sequestration and Storage (W Va Cod 22-11B-1 et seq)
At issue
Challenge to the U.S. Environmental Protection Agency’s decision approving the State of West Virginia’s application for primary enforcement authority for carbon sequestration wells under the Safe Drinking Water Act.

Documents

Filing Date
Document
Type
01/21/2026
Petitioners' brief filed.
Petitioners filed an opening brief in the Fourth Circuit Court of Appeals arguing that the court should vacate the U.S. Environmental Protection Agency’s (EPA’s) decision approving the State of West Virginia’s application for primary enforcement authority for Class VI Underground Injection Control Wells under the Safe Drinking Water Act (SDWA). EPA’s approval gave the State regulatory authority over carbon sequestration wells. The petitioners argued that EPA’s determination that the State would implement the Class VI program consistently with the federal program was arbitrary, capricious, and otherwise not in accordance with law “because EPA failed to grapple with record evidence that West Virginia had failed to effectively implement at least three similar federal environmental programs.” In addition, the plaintiffs argued that EPA’s approval violated the SDWA because the State’s program was not “at least as stringent” as the federal regulations.
Brief

Summary

Challenge to the U.S. Environmental Protection Agency’s decision approving the State of West Virginia’s application for primary enforcement authority for carbon sequestration wells under the Safe Drinking Water Act.