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Federal Policy/Guidance

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Evaluation of the EPA’s Implementation of the Underground Injection Control Class VI Well Program (Report No. 25-E-0045)

2025
Policy Proposal
EPA Evaluation of Implementation of the Underground Injection Control Class VI Well Program

Public–private sharing of carbon sequestration risk

2024
News/Commentary
Felix Mormann
This comment argues that a multi-tiered framework with public–private sharing of risk can help promote the safe and timely deployment of carbon capture and sequestration.

Required Procedures to Claim a Section 45Q Credit for Utilization of Carbon Oxide

2024
Declaration
Internal Revenue Service
Guidance released by the IRS that describes information that must be sent to the IRS before a taxpayer may claim a 45Q tax credit for carbon sequestration.

EPA – Regulatory and Statutory Authorities Relevant to Carbon Capture and Sequestration (CCS)

2024
News/Commentary
A guide in the form of a table clarifying potentially relevant regulatory and statutory authorities that may be applicable to CCS

Reconciling Property Rights with Carbon Capture and Storage

2023
Scholarly Work
Keith Hall
This article argues for a rethinking of property rights in the context of carbon capture and storage (CCS) - away from injunctive relief to stop subsurface migrations of CO2 and towards required compensation for landowners after an intrusion of CO2.

State Sequestration: Federal Policy Accelerates Carbon Storage, But Leaves Full Climate, Equity Protections to States

2023
Scholarly Work
Gabriel Pacyniak
This paper describes state-federal governance dynamics regarding CCS and concludes by identifying potential legal tools that states can use to address those dynamics.

Carbon Capture and Storage: Models for Compensating Holdout Landowners

2023
Scholarly Work
Keith Hall
This article discusses three potential models for compensating holdout property owners of subsurface pore space relevant to CCS projects.

Executive Actions to Ensure Safe and Responsible Ocean Carbon Dioxide Removal Research in the United States

2023
Policy Proposal
Romany M. Webb, Korey Silverman-Roati
This paper presents recommended actions that federal agencies could take, under existing law, to ensure safe and responsible permitting and regulation of ocean carbon dioxide removal (CDR) research in U.S. waters.

Removing Carbon Dioxide Through Artificial Upwelling and Downwelling: Legal Challenges and Opportunities

2022
Scholarly Work
Romany M. Webb, Korey Silverman-Roati, Michael B. Gerrard
This paper provides a comprehensive analysis of how existing international and domestic (U.S.) law would apply to artificial upwelling and artificial downwelling projects.

Instruction Memorandum on the use of pore space on U.S. public lands

2022
Policy Proposal
United States Department of the Interior
This Instruction Memorandum conveys policy and direction for authorizing rights-of-way to use public lands for site characterization, transportation, injection, capture, and geologic sequestration of carbon dioxide at appropriately

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