DJL Farm LLC v. Envt’l Protection Agency

FutureGen sought to use carbon capture and storage to develop the world’s first near‐zero emissions coal power plant in Morgan County, Illinois. Geologic sequestration, part of the process of carbon capture and storage, involves injection of carbon dioxide into deep subsurface rock formations for storage, to reduce carbon dioxide emissions to the atmosphere and mitigate climate change. Injection activities are prohibited until authorized by permit under 40 C.F.R. 144.31. In 2013 FutureGen sought permits to construct four Class VI underground injection control wells and inject approximately 22 million metric tons of carbon dioxideover a 20‐year period. The EPA issued draft permits in 2014. Landowners submitted written comments challenging the permits during the public comment period. The Environmental Appeals Board denied an appeal. The EPA issued final permits in 2015. The U.S. Department of Energy then suspended funding for the FutureGen project authorized by the permits. After exhausting avenues to reinstate funding, FutureGen determined that it would not proceed with the project. After the EPA and FutureGen submitted confirmed that the permits have expired, the Seventh Circuit dismissed an appeal as moot. View "DJL Farm LLC v. Envt'l Protection Agency" on Justia Law