Fifth Circuit Rejects Challenge to Louisiana Carbon Capture (1)

Three environmental groups lack standing to challenge the EPA for approving Louisiana’s carbon capture program, a Fifth Circuit panel ruled Wednesday.

The Deep South Center for Environmental Justice, Healthy Gulf, and Alliance for Affordable Energy in 2024 asked the US Court of Appeals for the Fifth Circuit to vacate the Biden administration’s decision to let Louisiana permit its own carbon capture facilities.

The environmental groups said the state program wasn’t as protective as the federal program and could leave parties without a path of legal recourse due to the permit program’s “liability waiver.”

But petitioners’ claims that Louisiana’s carbon capture ...