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CCS Liability

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Geologic CO2 Sequestration: Who Owns the Pore Space

2009
Scholarly Work
Owen L. Anderson
This paper discusses the ownership of subsurface pore space in Texas to determine which property-interest holder has the sequestration rights.

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.

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.

Policy Option Paper — Closing the Liability Gap

2008
Think Tank Report
Mary Griffiths
This report proposes that long-term CCS liability should focus on the liability for leaks to any area outside the designated storage zone after the abandonment of the injection well.

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.

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