Description: Challenge to underground injection control permit for carbon sequestration.
In re Archer Daniels Midland Co.
Filing Date Type File Action Taken Summary 11/26/2014 Notice of Voluntary Dismissal Download Notice of voluntary dismissal filed. 11/26/2014 Order Download Dismissed after petitioner filed voluntary notice of dismissal. The EPA Environmental Appeals Board (EAB) dismissed a challenge to an underground injection control permit issued for carbon capture and sequestration. The petitioner had filed a voluntary notice of dismissal after EPA sought to dismiss the petition on the ground that it was not timely. 11/12/2014 Motion to Dismiss Download Motion to dismiss filed by EPA. 10/28/2014 Petition for Review Download Petition for review filed. A petition challenging an underground injection control permit issued for carbon capture and sequestration argued that EPA had violated the Endangered Species Act by failing to consult with the U.S. Fish and Wildlife Service and that EPA failed to include provisions in the permit that would properly compensate Illinois property owners to whose “pore space” the carbon dioxide would migrate. The petition also contended that EPA should have provided the public with access to proprietary software to verify modeling results, that EPA did not address air quality impacts, and that the permit’s rock sampling requirements would not provide a high degree of confidence in predictions of the carbon dioxide plume’s behavior.