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Federal Policy/Guidance

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Ocean Fertilization: The Potential of Ocean Fertilization for Climate Change Mitigation (Report to U.S. Congress)

2010
Scientific Report
National Oceanic and Atmospheric Administration
This report assesses the climate mitigation potential of ocean fertilization as requested by Public Law 111-117.

The Feasibility of Applying Strict-Liability Principles to Carbon Capture and Storage

2010
Scholarly Work
Nathan R. Hoffman
This note proposes that the policies behind strict liability make it a viable remedy, superior to statutory and many common law causes of action, for the potential and probable injuries that will inevitably flow from CCS operations.

A Coordinated Strategy Could Focus Federal Geoengineering Research and Inform Governance Efforts

2010
Scientific Report
United States Government Accountability Office
This report examines the state of geoengineering science, federal involvement in geoengineering, the extent to which federal laws and international agreements apply to geoengineering, and any governance challenges around geoengineering activities.

Legal and Commercial Models for Pore-Space Access and Use for Geologic CO2 Sequestration

2010
Scholarly Work
R. Lee Gresham, Owen L. Anderson
This article considers the legal and commercial models for securing the rights to use geologic pore space in an effort to sequester billions of metric tons of CO2 deep underground to mitigate climate change.

Paving The Legal Path For Carbon Sequestration From Coal

2009
Scholarly Work
Victor B. Flatt
This article focuses on the need to address carbon capture and sequestration jurisdiction (what is CCS and how it should be permitted), liability (who is responsible for any harm), and property rights (who owns the various pieces of a CCS system).

Reconciling King Coal and Climate Change: A Regulatory Framework for Carbon Capture and Storage

2009
Scholarly Work
Will Reisinger, Nolan Moser, Trent A. Dougherty, James D. Madeiros
This note examines the legal uncertainty surrounding the acquisition of storage space for carbon dioxide, the injection process, and the liability for post injection incidents as disincentives to the large-scale deployment of CCS in the United States

Carbon Capture and Sequestration: Identifying and Managing Risks

2009
Scholarly Work
Alexandra B. Klass, Elizabeth J. Wilson
This article suggests ways in which risks of CCS can be minimized and managed and considers more broadly when or if CCS should be deployed or whether its use should be limited or rejected in favor of other solutions.

Legal and regulatory developments associated with carbon dioxide capture and storage: A global update

2009
Scholarly Work
Tom Kerr, Ian Havercroft, Tim Dixon
This paper provides a 2009 update of the regulatory and legal developments of CCS in the European Union, United States, Australia, Canada, and Norway, as part of the IEA’s International CCS Regulator’s Network.

Biochar and Waste Law: A Comparative Analysis

2009
Scholarly Work
Caroline Van de bergh
This article provides a comparative analyses whether biochar is waste in the EU and the US and whether the pyrolysis treatment, transportation and storage of biochar may be exempted from the regulatory burden placed on the classification of waste.

Environmental bonds and the challenge of long-term carbon sequestration

2009
Scholarly Work
David Gerard, Elizabeth J. Wilson
The paper examines the use of bonding to address environmental problems and looks at its possible application to CCS projects.

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