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Enhanced Oil Recovery

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26 U.S. Code § 45Q

2008
Enacted Legislation
U.S. Congress
26 USC §45Q creates a tax credit for the sequestration of captured carbon dioxide.

La. Rev. Stat. Ann. § 30:4

2007
Enacted Legislation
State of Louisiana
Authorizes Department of Conservation to regulate the construction, design, and operation of pipelines transmitting CO2 to enhanced oil recovery (EOR) projects.

Miss. Code Ann. § 11-27-47

1984
Enacted Legislation
State of Mississippi
Empowers counties to regulate the construction and maintenance of CO2 transmission pipelines.

The Impact of Liability on the Adoption and Diffusion of Carbon Capture and Sequestration Technologies

2015
Scholarly Work
Elizabeth Joan Wilson, Mark A. de Figueiredo
This paper links potential CCS system requirements with potential risks and damages and examines how damages are treated in the subsurface injection realm, with particular attention paid to Texas and California regulations and case law.

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.

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.

Part 2: Analysis of Property Rights Issues Related to Underground Space Used for Geologic Storage of Carbon Dioxide

2007
Scholarly Work
David Cooney
This paper discusses how various states address subsurface property rights and liabilities of using underground pore space for CO2 storage and analyzes case law relating to natural gas storage as a compatible analog to these legal issues.

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