Greens press 5th Circuit to toss EPA decision on CO2 wells

By Carlos Anchondo | 02/22/2024 06:21 AM EST

Groups are challenging a plan to give Louisiana jurisdiction over wells for carbon capture and storage.

EPA headquarters.

EPA headquarters. Francis Chung/POLITICO | Francis Chung/E&E News

Three environmental groups are calling on a federal appeals court to void an EPA decision granting top regulatory authority to Louisiana over carbon dioxide injection wells in the state.

The groups submitted a petition Tuesday asking the 5th U.S. Circuit Court of Appeals to review final EPA rule announced in December that gave so-called primacy over Class VI wells to Louisiana. The wells are used to send CO2 underground into deep rock formations.

EPA rule

The Deep South Center for Environmental Justice, Healthy Gulf and the Alliance for Affordable Energy filed the petition this week. The groups will be represented by Earthjustice, a nonprofit environmental law organization.
filed the petition this week


“Petitioners respectfully request that this Court hold unlawful, vacate, and set aside the final rule, and grant any such further relief as may be deemed just and proper,” the groups said in their petition.