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Do We Need a New Law to Govern Carbon Capture and Storage in Federal Pore Space? A Response to Righetti and Lewis

2025
Scholarly Work
Robin Kundis Craig
Carbon Capture, Utilization and Storage → Carbon Capture and Storage
Carbon Capture, Utilization and Storage
Pore Space Ownership, United States
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Summary/Abstract

This essay proposes a new legal regime for carbon capture and storage (CCS) in federal pore space as a means to allow for CCS to occur as well as to rationalize and clearly state federal policies regarding climate change mitigation, the promotion (or not) of CCS, and the legacy of the nation’s public lands in the Anthropocene. The paper reviews the legal authority of terrestrial land agencies – specifically the Bureau of Land Management – and Supreme Court decisions as well as federal tax and land policies to clarify the legal regime around CCS.

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