Background
The Environmental Protection Agency granted the State of Louisiana primary enforcement authority over Class VI underground injection control wells used for carbon dioxide geologic sequestration. Three environmental organizations petitioned for review of this final rule, alleging injuries related to resource diversion, economic costs, health risks, and liability waivers.
The court’s reasoning
The court analyzed Article III standing requirements for both organizational and associational plaintiffs. For organizational standing, the court applied the Supreme Court’s decision in Alliance for Hippocratic Medicine, ruling that diverting resources to advocacy or research does not constitute a concrete injury unless the defendant’s actions directly interfere with the organization’s core business activities. For associational standing, the court found that the alleged injuries to members were too speculative and attenuated to satisfy the imminence and traceability requirements. The court noted that the EPA’s grant of primacy did not mandate specific actions by the state or well operators, making any future injury conjectural.
What it means going forward
The dismissal prevents judicial review of the EPA’s approval of Louisiana’s Class VI well program, leaving the state’s primacy application in effect.