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An Evaluation of Eminent Domain and a National Carbon Capture and Geologic Sequestration Program: Redefining the Space Below

2010
Scholarly Work
Thomas R. DeCesar
Federal Policy/Guidance
Carbon Capture, Utilization and Storage → Carbon Capture and Storage
Enhanced Oil Recovery, Pore Space Ownership, United States
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Summary/Abstract

This article considers the questions and problems regardingĀ takings law that would likely arise from a national CCS program, and it touches on three main issues: (1) whether a CCS program would satisfy the public-use element necessary for constitutional takings, (2) problems with determining just compensation for CCS sites, and (3) the role of inverse takings in a national CCS program. The article, while designed to specifically address eminent-domain issues, also suggests a novel legal perspective on CCS for the U.S. Environmental Protection Agency (EPA) to utilize in fulfilling a congressional mandate to create a comprehensive strategy for a national CCS program.

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