CCS Sector, EPA Fight Over Whether CO2 Is 'Abandoned' Under Waste Law

Carbon control and sequestration (CCS) operators and EPA are waging competing legal claims over whether carbon dioxide (CO2) in CCS wells is deemed an “abandoned” waste subject to Resource Conservation & Recovery Act (RCRA) regulation, with industry saying the CO2 is instead a “saved” material that may be sold for later use. “Where the carbon dioxide has been saved from being emitted to the atmosphere, is securely stored underground, and the operator intends that it may be withdrawn for productive...