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Enhanced Oil Recovery

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220 Ill. Comp. Stat. Ann. § 75/1 et seq.

2011
Enacted Legislation
State of Illinois
The Carbon Dioxide Transportation and Sequestration Act regulates the construction of pipelines to transport carbon dioxide to sequestration and enhanced oil recovery, as “critical to the promotion and use of Illinois coal.”

Ind. Code § 14-39-1-1 et seq

2011
Enacted Legislation
State of Indiana
Grants a certified CO2 pipeline company authority to condemn a right-of-way for construction of pipelines to transport CO2 to enhanced oil recovery (EOR), deep saline injection, or sequestration, inside or outside of Indiana.

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.

16 Tex. Admin. Code § 5.301

2011
Regulation
State of Texas
Regulates the use of anthropogenic CO2 in enhanced oil recovery (EOR) projects, with permit criteria and operational standards.

Long-term Liability for Carbon Capture and Storage in Depleted North American Oil and Gas Reservoirs A Comparative Analysis

2010
Scholarly Work
Norma Nielson, Allan Ingelson, Anne Kleffner
This article examines emerging legislative frameworks, in a limited number of jurisdictions, that have been adopted to manage long-term liability: viz., Wyoming, Kansas, Montana, the European Union (EU), and Australia.

An Evaluation of Eminent Domain and a National Carbon Capture and Geologic Sequestration Program: Redefining the Space Below

2010
Scholarly Work
Thomas R. DeCesar
This article considers the questions and problems regarding takings law that would likely arise from a national CCS program.

Carbon Sequestration and Pore Space Ownership in Texas

2010
Scholarly Work
Madeline Mathews
This article reviews Texas state regulations and case law to define and clarify property rights to subsurface pore space, with a view towards carbon sequestration.

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.

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