Carbon Sequestration Council v. EPA, No. 14-1046 (D.C. Cir. 2015)
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Petitioners seek review of EPA's final rule, which determined that supercritical carbon dioxide injected into Class VI underground wells for purposes of geologic sequestration is “solid waste” within the meaning of the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. 6903(27). The court dismissed the petitions for review because petitioners lacked Article III standing. In this case, neither Southern nor Occidental can show any injury sufficient to satisfy the requirements of Article III; Carbon Sequestration Council lacks
standing because Southern lacks standing; and American Petroleum Institute lacks standing because Occidental lacks standing.
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