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State Policy/Guidance

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Accelerating Carbon Capture and Sequestration Projects: Analysis and Comparison of Policy Approaches

2011
Scholarly Work
Elizabeth A. Burton, Souheil Ezzedine, John Reed, John H. Beyer
This paper seeks to inform the development of any future legislation in California, should it be deemed necessary to employ CCS to meet the goals of Assembly Bill 1925 (2006).

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.

Pipedream to Pipeline: Ownership of Kentucky’s Subterranean Pore Space for Use in Carbon Capture and Sequestration

2011
Scholarly Work
Mark A. Imbrogno
This article seeks to define and clarify property rights to subsurface pore space in Kentucky, particularly rights to the types of structures that are relevant to CCS.

Aggregating pore space ownership for geologic sequestration of CO2

2011
Scholarly Work
Audrey Marie Rozsypal
This paper examines oil and gas unitization statues and statutes creating groundwater districts to find legislative regimes useful for achieving pore space ownership aggregation.

Adjusting Carbon Management Policies to Encourage Renewable, Net-Negative Projects Such as Biochar Sequestration

2010
Scholarly Work
Darrel Fruth, Joseph Ponzi
This article considers the present legal challenges to adjust carbon management policies, specifically carbon crediting schemes, for biochar as a carbon sequestration technique.

Evaluation of the Opportunities for Generating Carbon Offsets from Soil Sequestration of Biochar

2010
Scholarly Work
Steven De Gryze, Michael Cullen , Leslie Durschinger
This paper aims to provide a comprehensive review of the issues involved in generating carbon offsets from the production and incorporation of biochar into soil, with a focus on the use of biochar in the United States.

Carbon Capture and Storage in South Dakota: The Need for a Clear Designation of Pore Space Ownership

2010
Scholarly Work
Blayne N. Grave
This comment considers state legislation on pore space ownership and examines existing subsurface case law in South Dakota to support the notion that pore space ownership should rest with the surface state.

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.

Long-term Liability for Carbon Capture and Storage in Depleted North American Oil and Gas Reservoirs A Comparative Analysis

2010
Scholarly Work
Norma Nielson, Allan Ingelson, Anne Kleffner
This article examines emerging legislative frameworks, in a limited number of jurisdictions, that have been adopted to manage long-term liability: viz., Wyoming, Kansas, Montana, the European Union (EU), and Australia.

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.

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