Wednesday, June 3, 2015

Carbon Sequestration Council v. EPA

<> Carbon Sequestration Council v. EPA - In the U.S. Court of Appeals, D.C. Circuit, Case No. 14-1046. Under the Safe Drinking Water Act, Class VI wells are designated to receive carbon dioxide streams generated as part of a climate change mitigation program known as "carbon capture and storage."
     On Jan. 3, 2014, EPA issued a final rule in which it determined that supercritical carbon dioxide injected into Class VI underground wells for purposes of geologic sequestration is "solid waste" within the meaning of RCRA. Petitioners seek review of EPA's "solid waste" determination, arguing that the supercritical carbon dioxide streams at issue in this rule are not RCRA solid waste.
     The Appeals Court ruled, "Neither Southern nor Occidental can show any injury sufficient to satisfy the requirements of Article III. They therefore lack standing. Carbon Sequestration Council lacks standing because Southern lacks standing. And American Petroleum Institute lacks standing because Occidental lacks standing. The petitions for review are hereby dismissed."

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