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Clean Air Act

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S.383 – Utilizing Significant Emissions with Innovative Technologies Act or the “USE IT Act”

2019
Proposed Legislation
116th Congress
The USE IT Act would support carbon utilization and direct air capture research. The bill would also support federal, state, and non-governmental collaboration in the construction and development of CCUS facilities and carbon dioxide pipelines.

The Paradox of Regulating Negative Emissions Technologies Under US Environmental Laws

2018
Scholarly Work
Tracy D. Hester
This article explores why federal and state legislatures and agencies should explicitly declare how (or if) current environmental laws will apply to NETs and provide guidance to the public and stakeholders.

Remaking the World to Save It: Applying U.S. Environmental Laws to Climate Engineering Projects

2011
Scholarly Work
Tracy D. Hester
This Article examines how U.S. environmental laws might apply to climate engineering research and how the U.S. courts would review disputes over those projects.

Carbon Capture and Sequestration: A Regulatory Gap Assessment

2012
Scholarly Work
Lincoln Davies, Kirsten Uchitel, John Ruple, Heather Tanana
This report identifies a need for a comprehensive CCS regulatory regime based around a cooperative federalism approach that directly addresses liability concerns and that generally does not upset traditional lines of federal-state authority.

The Law of Enhanced Weathering for Carbon Dioxide Removal

2020
Scholarly Work
Romany M. Webb
This paper examines the international and U.S. legal framework for enhanced weathering on land and in ocean waters.

Legal Pathways to Negative Emissions Technologies and Direct Air Capture of Greenhouse Gases

2018
Scholarly Work
Tracy Hester
This Article assesses the legal and policy challenges of decarbonizing the atmosphere itself through negative emission technologies and, in particular, direct air capture.

A Napoleonic Approach to Climate Change: The Geoengineering Branch

2013
Scholarly Work
Anthony E. Chavez
This article reviews the domestic and international laws that might control climate engineering research and testing in the United States and presents considerations for a regulatory scheme that would foster further research and testing.

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