Carbon Sequestration Council v. Environmental Protection Agency

Opinion for the Court filed by Senior Circuit Judge EDWARDS.

EDWARDS, Senior Circuit Judge:

Under the Safe Drinking Water Act, the Environmental Protection Agency (“EPA” or “Agency”) is authorized to regulate the injection of fluids into underground wells to ensure that injection does not endanger drinking water sources. Under the Resource Conservation and Recovery Act (“RCRA”), EPA is authorized to regulate “solid waste,” which is defined, in part, as “discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, mining, and…