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Cal. Code Regs. tit. 17, § 95852(g)

2012
Regulation
State of California
Carbon dioxide suppliers are regulated under California’s cap-and-trade program, but any CO2 supplied that is ultimately geologically sequestered is not included in their compliance obligation (e.g., CO2 supplied for enhanced oil recovery).

Assessment of Carbon Capture and Sequestration Liability Regimes

2011
Scholarly Work
Elizabeth Lokey Aldrich, Cassandra Koerner
This article assesses the carbon capture and sequestration liability regimes and concludes that incomplete liability schemes are likely to cause confusion, misunderstandings, and litigation as they are implemented.

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.

Carbon capture and storage policy in the United States: A new coalition endeavors to change existing policy

2011
Scholarly Work
Melisa Pollak, Sarah Johnson Phillips, Shalini Vajjhala
This paper reviews geologic storage (GS) policy developments at both the U.S. federal and state levels, including some original research on state GS policy development.

Accelerating Carbon Capture and Sequestration Projects: Analysis and Comparison of Policy Approaches

2011
Scholarly Work
Elizabeth A. Burton, Souheil Ezzedine, John Reed, John H. Beyer
This paper seeks to inform the development of any future legislation in California, should it be deemed necessary to employ CCS to meet the goals of Assembly Bill 1925 (2006).

Pipedream to Pipeline: Ownership of Kentucky’s Subterranean Pore Space for Use in Carbon Capture and Sequestration

2011
Scholarly Work
Mark A. Imbrogno
This article seeks to define and clarify property rights to subsurface pore space in Kentucky, particularly rights to the types of structures that are relevant to CCS.

Aggregating pore space ownership for geologic sequestration of CO2

2011
Scholarly Work
Audrey Marie Rozsypal
This paper examines oil and gas unitization statues and statutes creating groundwater districts to find legislative regimes useful for achieving pore space ownership aggregation.

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.”

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