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Analysis of Liability Regimes for Carbon Capture and Sequestration: A Review for Policymakers

2011
Think Tank Report
Elizabeth Aldrich, Cassandra Koerner, David Solan
This paper describes short and long-term liability insurance instruments and provides examples of how they have been used and proposed for CCS.

Analysis of Carbon Capture and Sequestration Pore Space Legislation: A Review of Existing and Possible Regimes

2011
Scholarly Work
Elizabeth Lokey Aldrich, Cassandra Koerner
This paper discusses possible liability schemes, critically analyzes those state-level schemes currently in place, and proposes the best possible choice for long-term coverage of geological sequestration.

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.

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.

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.

Permitting issues for CO2 capture, transport and geological storage: A review of Europe, USA, Canada and Australia

2007
Scholarly Work
Paul Zakkour, Mike Haines
The paper reviews the environmental, health and safety permitting/regulatory issues presented by CO2 capture and storage (CCS) operations across the full project cycle in the EU, North America and Australia.

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