Judges skeptical of green groups’ challenge to Louisiana carbon well permitting

By Alex Guillén | 02/05/2025 06:27 AM EST

The judges on the 5th U.S. Circuit Court of Appeals’ panel hearing the case zeroed in on a procedural concern: whether the groups have the necessary standing to bring the lawsuit at all.

A federal appeals court on Tuesday appeared ready to dismiss environmentalists’ challenge to EPA’s approval of Louisiana’s carbon well permitting program.

All three judges on the 5th U.S. Circuit Court of Appeals’ panel hearing the case quickly closed in on whether the green groups that brought the suit actually had standing to sue. A decision that they do not would end the case immediately.

Background: Wells used to sequester carbon dioxide deep underground, known in EPA lingo as “Class VI” wells, are mostly permitted by EPA. In late 2023, EPA approved an application from Louisiana to take over permitting within its borders, the third state to win “primacy” after North Dakota and Wyoming.

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The Deep South Center for Environmental Justice and two other environmental groups challenged EPA’s approval of Louisiana’s program, citing two main arguments — that former owners and operators can shed liability for wells that may leak after closure, and that the state lacks expertise and resources to carry out the permitting.

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