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CCS Liability

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Carbon Capture and Sequestration in Texas: Navigating the Legal Challenges Related to Pore Space Ownership

2011
Scholarly Work
Christopher J. Miller
This article navigates the legal challenges related to pore space ownership in Texas, what regulatory actions are needed to clear a path for CCS, and the risk of liability related to CCS and pore space ownership.

The Limits of Liability in Promoting Safe Geologic Sequestration of CO2

2011
Scholarly Work
David E. Adelman, Ian J. Duncan
This paper proposes a hybrid legal framework for carbon dioxide sequestration that combines a traditional regulatory regime with a novel two-tiered system of liability that is calibrated to objective site characteristics.

Environmental Liability regarding Carbon Capture and Storage (CCS) Operations in the EU

2011
Scholarly Work
Monica Bergsten
This article focuses on environmental liability for storage operations as it is regulated by the European Union's CCS Directive.

Analysis of Liability Regimes for Carbon Capture and Sequestration: A Review for Policymakers

2011
Think Tank Report
Elizabeth Aldrich, Cassandra Koerner, David Solan
This paper describes short and long-term liability insurance instruments and provides examples of how they have been used and proposed for CCS.

Managing Liability: Comparing Radioactive Waste Disposal and Carbon Dioxide Storage

2011
Scholarly Work
Elizabeth J. Wilson, Sara Bergan
This paper develops ‘lessons learned’ from past management of radioactive waste (RW) that could help to both structure liability and ultimately deploy future RW and geological CO2 storage projects.

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.

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