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Fifth Circuit Dismisses Environmental Groups’ Suit Challenging Louisiana’s Primacy Over Class VI Injection Wells

By Greg L. Johnson, Jeff Lieberman, Clare M. Bienvenu & Colin North on June 5, 2025
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On May 21, 2025, the United States Court of Appeals for the Fifth Circuit dismissed environmental groups’ suit challenging EPA’s decision to grant Louisiana’s Class VI Primacy request, holding that each of the groups failed to establish standing to sue. Deep South Center for Environmental Justice v. EPA, No. 24-60084 (5th Cir. 2025).

The groups, Deep South Center for Environmental Justice, Healthy Gulf, and Alliance for Affordable Energy, filed a petition in February 2024 with the Fifth Circuit requesting that the court “hold unlawful, vacate, and set aside” EPA’s final rule that approved Louisiana’s 2021 application for Class VI Primacy. Several intervenors in the suit, including the State of Louisiana and oil and gas trade associations, disputed the groups’ ability to establish standing. To rebut the intervenors’ standing argument, the groups alleged a number of economic, aesthetic, and recreational injuries, among others, resulting from EPA’s approval of Louisiana’s primacy application.

However, the Fifth Circuit found that the groups’ alleged injuries associated with the grant of primacy to the State of Louisiana for permitting Class VI wells were too hypothetical and rested on a “highly attenuated chain of possibilities.” The groups’ expenditures to oppose the Class VI buildout, the chance that EPA’s approval of the Louisiana program would increase energy costs to consumers, and the potential injuries of group members should a Class VI well be permitted and experience some mishap were all held to be too speculative to establish the standing required to challenge EPA’s grant of primacy. Accordingly, the Fifth Circuit dismissed the groups’ petition for review for a failure to demonstrate standing.

This decision, of course, does not foreclose the ability of a citizen or group to challenge an individual Class VI permit given the right set of facts to establish standing in that particular case.

After withstanding this judicial challenge, Louisiana remains one of just four states with Class VI Primacy.

For further questions regarding Class VI wells or related topics, contact Liskow attorneys Greg Johnson, Jeff Lieberman, Clare Bienvenu, and Colin North.

Photo of Greg L. Johnson Greg L. Johnson

Greg Johnson is an experienced business lawyer with a long record of helping Louisiana companies with the environmental aspects of complex, large-impact transactions, litigation, and regulatory compliance issues throughout the surrounding Gulf Coast region.  A significant focus of Greg’s practice is representing domestic…

Greg Johnson is an experienced business lawyer with a long record of helping Louisiana companies with the environmental aspects of complex, large-impact transactions, litigation, and regulatory compliance issues throughout the surrounding Gulf Coast region.  A significant focus of Greg’s practice is representing domestic and international corporations with environmental permitting for major, high-profile industrial facility projects – such as a proposed, $20 billion gas-to-liquid facility – and with the resolution of often-controversial, high-exposure, oil and gas or energy-related disputes, such as claims in the aftermath of the Deepwater Horizon oil spill.

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Photo of Jeff Lieberman Jeff Lieberman

Jeff Lieberman is a Lafayette-based energy lawyer who helps mineral clients with title, conveyance, unitization, permitting, and regulatory issues involving oil and gas.  Jeff regularly appears on behalf of clients before the Louisiana Commissioner of Conservation and the State Mineral and Energy Board…

Jeff Lieberman is a Lafayette-based energy lawyer who helps mineral clients with title, conveyance, unitization, permitting, and regulatory issues involving oil and gas.  Jeff regularly appears on behalf of clients before the Louisiana Commissioner of Conservation and the State Mineral and Energy Board in Baton Rouge.

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Photo of Clare M. Bienvenu Clare M. Bienvenu

Clare Bienvenu is an environmental regulatory and litigation lawyer who has practiced in both Louisiana and California, working with clients across the United States. Clare counsels clients regarding complex environmental regulatory, enforcement, and permitting issues spanning the range of federal and state environmental…

Clare Bienvenu is an environmental regulatory and litigation lawyer who has practiced in both Louisiana and California, working with clients across the United States. Clare counsels clients regarding complex environmental regulatory, enforcement, and permitting issues spanning the range of federal and state environmental laws. Clare additionally facilitates the permitting and regulatory aspects of developing new facilities on behalf of energy, petrochemical, and industrial clients. Her substantive environmental experience includes air permitting, hazardous waste regulation, land remediation, land use regulation, coastal regulation, carbon sequestration projects, and renewable energy projects.

Clare has played a key role in various administrative matters, proceedings, and enforcement actions. She has participated in consent decree negotiations and the termination of consent decrees with the Environmental Protection Agency and the Department of Justice, as well as settlement negotiations with the Louisiana Department of Environmental Quality and the California Air Resources Board. Clare has also represented clients in permitting matters involving the U.S. Army Corps of Engineers and the Louisiana Department of Natural Resources, Office of Coastal Management. She also advises on environmental justice considerations in the context of agency permitting.

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Photo of Colin North Colin North

Colin North is an associate in the firm’s Environmental Regulatory practice group. He received his Juris Doctor and Graduate Diploma in Comparative Law, magna cum laude, from the Paul M. Hebert Law Center, Louisiana State University in 2023. During law school, he…

Colin North is an associate in the firm’s Environmental Regulatory practice group. He received his Juris Doctor and Graduate Diploma in Comparative Law, magna cum laude, from the Paul M. Hebert Law Center, Louisiana State University in 2023. During law school, he was a member of the Board of Advocates and participated in the Robert Lee Tullis Moot Court Competition.

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  • Posted in:
    Environmental and Climate
  • Blog:
    The Energy Law Blog
  • Organization:
    Liskow & Lewis
  • Article: View Original Source

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