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CCS Liability

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Issues of liability during the post-abandonment phase of carbon capture and storage: The Case of Alberta, Canada

2010
Scholarly Work
Cayley Burgess
This paper finds that Alberta’s current framework for assigning the long-term liability for damages arising from CCS is neither clear nor realistic and concludes with policy recommendations to Alberta’s government.

NSW Proposals for a Regulatory Framework for Greenhouse Gas Injection and Storage

2010
Think Tank Report
Global CCS Institute
This is the Global CCS Institute's response to Australia's Industry and Investment Department’s position paper on Proposals for a Regulatory Framework for Greenhouse Gas Injection and Storage.

Tex. Water Code Ann. § 27.041 et seq.

2009
Enacted Legislation
State of Texas
Gives jurisdiction over CO2 injection to Railroad Commission and authorizes the Commission to permit, collect fees for, and prescribe operational standards for CO2 storage facilities.

Environmental bonds and the challenge of long-term carbon sequestration

2009
Scholarly Work
David Gerard, Elizabeth J. Wilson
The paper examines the use of bonding to address environmental problems and looks at its possible application to CCS projects.

La. Rev. Stat. Ann. § 30:1101 et seq

2009
Enacted Legislation
State of Louisiana
This is the “Louisiana Geologic Sequestration of Carbon Dioxide Act" that authorizes the Commissioner of Conservation to regulate carbon storage through rules and regulations and provides various directions for the Commissioner.

Mont. Code Ann. § 82-11-183

2009
Enacted Legislation
State of Montana
Authorizes Board to issue completion certificates to wells that have completed injection of CO2.

Climate Change and Carbon Sequestration: Assessing a Liability Regime for the Long-term Storage of Carbon Dioxide

2008
Scholarly Work
Alexandra B. Klass, Elizabeth J. Wilson
This article surveys the existing environmental law and tort law liability regimes that may cover potential harm from escaping or migrating C02 from CCS activities.

Storing Carbon: Options for Liability Risk Management, Financial Responsibility

2008
Scholarly Work
Chiara Trabucchi, Lindene Patton
This article recommends the creation of a ‘federal government corporation’ in combination with a suite of financial risk management mechanisms to ensure the deployment of CCS technology in an efficient, safe, and environmentally balanced manner.

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