February 27, 2024
By:
Walter G. Wright
Category:
Arkansas Environmental, Energy, and Water Law
Arkansas Environmental, Energy, and Water Law
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Four individuals filed a February 22nd document before the United States Environmental Protection Agency (“EPA”) Environmental Appeals Board (“EAB”) styled:
Petition for Review by Andrew Lenderman, Ben Lenderman, Floyd Lenderman, and Jessie Lenderman (“Petition”)
The Petition requests that the EAB review two Class VI federal Underground Injection Control (“UIC”) permits issued to Wabash Carbon Services, LLC (“WCS”).
The Petition states that EPA Region 5 issued Class VI permits to WCS for construction of carbon sequestration wells in Vermillion County and Vigo County, Indiana.
WCS is stated to propose to produce hydrogen at a facility in West Terre Haute, Indiana. Further, it states that the hydrogen would be used to make ammonia fertilizer and that, as a result, carbon dioxide would be produced. WCS is stated to propose to sequester this carbon dioxide underground in the two injection wells.
The Petition argues that the decision:
- Violates the National Environmental Policy Act (“NEPA”)
- Failure to adequately consider cumulative impacts as required by NEPA
- Failure to consider alternatives as required by NEPA
- Failure to take the “hard look” required by NEPA
- Violates the Safe Drinking Water Act
- Violates the Administrative Procedures Act
A copy of the Petition can be downloaded here.
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