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CCS Liability

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Alberta’s new carbon capture and storage legislation

2011
Scholarly Work
Nigel D. Bankes
This paper describes and analyzes Canadian legislation passed in 2010 that clarifies issues relating to pore space ownership, disposal rights, and a provision for the transfer to the state of liability for CCS projects post‐closure.

Analysis of Carbon Capture and Sequestration Pore Space Legislation: A Review of Existing and Possible Regimes

2011
Scholarly Work
Elizabeth Lokey Aldrich, Cassandra Koerner
This paper discusses possible liability schemes, critically analyzes those state-level schemes currently in place, and proposes the best possible choice for long-term coverage of geological sequestration.

Miss. Code Ann. § 53-11-1 et seq.

2011
Enacted Legislation
State of Mississippi
The Mississippi Geologic Sequestration of Carbon Dioxide Act authorizes the State Oil and Gas Board to regulate carbon storage in the state, including by approving carbon storage facilities and regulating the use of carbon dioxide in EOR.

Carbon Capture and Storage: Model Regulatory Framework

2010
Think Tank Report
International Energy Agency (IEA)
This report seeks to provide a tool for governments to use in developing national CCS plans and frameworks that addresses all stages of the CCS chain, from carbon dioxide capture, to its transportation and storage.

The legal and political framework for CCS and its implications for a European Utility

2009
Scholarly Work
Peter Radgen, Samuel Kutter, Jörg Kruhl
This paper reviews the European Directive on CCS from the perspective of a European utility.

Carbon Capture and Storage Project Development: An Overview of Property Rights Acquisition, Permitting, and Operational Liability Issues

2008
Scholarly Work
Thomas A. Campbell, Robert A. James, Julie Hutchings
This article covers potential challenges and solutions for CCS on topics such as the acquisition of property rights; permitting at both the federal and the state levels; and identification, reduction and transfer of liabilities.

Wyo. Stat. Ann. § 34-1-152 and § 34-1-153

2008
Enacted Legislation
State of Wyoming
Resolves ownership of pore space under surfaces, and ownership of CO2 injected into pore space, for purposes of geologic sequestration.

Carbon dioxide capture and storage—liability for non-permanence under the UNFCCC

2006
Scholarly Work
Sven Bode, Martina Jung
This paper analyzes how CCS could be integrated into the UNFCCC climate regime and proposes solutions guaranteeing liability for possible non-permanence of CCS.

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