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State Policy/Guidance

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California’s Policy Approach to Develop Carbon Capture, Utilization and Sequestration as a Mitigation Technology

2013
Scholarly Work
Elizabeth Burton, Niall Mateer, John Beyer
This paper briefly summarizes the history of CCUS projects and related policy in California with the aim of understanding what factors beyond climate policy might be critical path barriers to CCUS technology adoption.

The Public Pore Space: Enabling Carbon Capture and Sequestration by Reconceptualizing Subsurface Property Rights

2012
Scholarly Work
James Robert Zadick
Recognizing the complications inherent to private control over an essentially public action, this Note aims to demonstrate that pore space ownership should be vested in the public.

Managing the Risks of Carbon Sequestration: Liability Concerns and Alternatives

2012
Scholarly Work
Elizabeth Lokey Aldrich, Cassandra Koerner, Joseph C. Perkowski, Travis L. McLing
This chapter examines the risks and liabilities associated with CCS and builds on legacy legal arrangements for liability management from industry experience in the subsurface storage of petroleum and natural gas.

Pouring Out Our Soils: Facing the Challenge of Poorly Defined Property Rights in Subsurface Pore Space for Carbon Capture and Storage

2012
Scholarly Work
Kenneth R. Richards, Joice Chang, Joanna E. Allerhand, John Rupp
This article seeks to provide insight into how U.S. states might approach the task of defining and clarifying property rights to subsurface pore space, particularly rights to the types of structures that are relevant to CCS.

A Cooperative Federalism Framework for CCS Regulation

2012
Scholarly Work
Jonas J. Monast, Brooks R. Pearson, Lincoln F. Pratson
This paper reviews the history of cooperative federalism and how it may provide a framework to determine appropriate roles for federal and state governments, and applies that framework to the gaps in the CCS regulatory structure.

Defining Biomass as a Source of Renewable Energy: The Life Cycle of Carbon Emissions of Biomass Energy and a Survey and Analysis of Biomass Definitions in States’ Renewable Portfolio Standards, Federal Law, and Proposed Legislation

2011
Scholarly Work
Christine Zeller-Powell
This thesis paper identifies that federal and state laws should incorporate a life cycle analyses of GHG emissions in order to more effectively incentivize bioenergy that reduces GHG emissions.

Remaking the World to Save It: Applying U.S. Environmental Laws to Climate Engineering Projects

2011
Scholarly Work
Tracy D. Hester
This Article examines how U.S. environmental laws might apply to climate engineering research and how the U.S. courts would review disputes over those projects.

Carbon Capture and Sequestration in Texas: Navigating the Legal Challenges Related to Pore Space Ownership

2011
Scholarly Work
Christopher J. Miller
This article navigates the legal challenges related to pore space ownership in Texas, what regulatory actions are needed to clear a path for CCS, and the risk of liability related to CCS and pore space ownership.

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.

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.

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