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.

Challenge to EPA’s final rule approving the State of Louisiana’s application to revise its underground injection control program to include Class VI injection well primary enforcement responsibility (primacy).

Deep South Center for Environmental Justice v. EPA

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Fifth Circuit Dismissed Challenge to Louisiana’s Regulatory Authority over Carbon Dioxide Sequestration Wells

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United States of America

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Fifth Circuit Dismissed Challenge to Louisiana’s Regulatory Authority over Carbon Dioxide Sequestration Wells

Policy instrument

Impacted group

Just transition

Renewable energy

Fossil fuel

Greenhouse gas

Economic sector

Finance