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Federal Policy/Guidance

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Recommendations for Enhancing the Role of Forests In Climate Change Mitigation and Ecosystem Adaption to Climate Change

2015
Think Tank Report
National Association of State Foresters
This policy statement outlines recommendation related to private forest management, urban forests, forest health funding, and federal and state land management policy to sequester carbon on forested lands.

It’s Getting Hot in Here: A Look into Whether Ocean Iron Fertilization is Legally Viable in the United States

2015
Scholarly Work
James Richards
This article analyzes the legal status of ocean iron fertilization under United States laws and international laws, in the context of the Planktos experiment, in order to shed light on whether this strategy could be legally viable.

H.C.R. 8 – Concurrent Resolution on Carbon Sequestration on Rangelands

2015
Enacted Legislation
State of Utah
This resolution requests the President of the United States to direct Federal agencies managing land in Utah to develop specific plans to maximize the amount of carbon sequestered.

Clearing the Air on ‘Geoengineering’ and Intellectual Property Rights Towards a framework approach

2015
Scholarly Work
Aladdin Tingling Diakun
This paper focuses on patents and trade secrets as the most relevant categories of intellectual property to climate engineering (CE), and develops a framework within which to situate IP-related concerns, specifically as related to DAC and OIF.

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.

A Review of the CO2 Pipeline Infrastructure in the U.S.

2015
Scholarly Work
Energy Sector Planning and Analysis (ESPA)
This report summarizes current and potential expansions to the CO2 pipeline network in the US, and provides an overview of permitting, regulation, and policies at the federal and state levels.

A Napoleonic Approach to Climate Change: The Geoengineering Branch

2013
Scholarly Work
Anthony E. Chavez
This article reviews the domestic and international laws that might control climate engineering research and testing in the United States and presents considerations for a regulatory scheme that would foster further research and testing.

Understanding barriers to commercial-scale carbon capture and sequestration in the United States: An empirical assessment

2013
Scholarly Work
Lincoln L. Davies, Kirsten Uchitel, John Ruple
This paper identifies the lack of a comprehensive regulatory regime governing CCS technology and how fragmented regulation is a significant barrier to CCS deployment.

Digging Deep: Property Rights in Subterranean Space and the Challenge of Carbon Capture and Storage

2013
Scholarly Work
Jill Morgan
This paper considers the extent of a surface landowner's rights above and below land and explores the treatment of underground space within the context of CCS in relation to differing jurisdictions, with particular attention paid to the U.S. and U.K.

Can Governments Ensure Adherence to the Polluter Pays Principle in the Long-Term CCS Liability Context

2012
Scholarly Work
Paul Bailey, Elizabeth McCullough, Sonya Suter
This article analyzes possible regulatory frameworks to address long-term CCS liabilities from the perspective of the Polluter Pays Principle (“PPP”).

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