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Legal Issues Associated with the Adoption of Commercial Scale CCS Projects

2008
Think Tank Report
Nigel Bankes
This report addresses the legal and regulatory challenges associated with the adoption of commercial scale carbon capture and storage projects in Canada, with a close look at property issues and the regulatory framework.

Mont. Admin. r. 17.80.201 et seq.

2008
Regulation
State of Montana
Regulation that provides procedures for qualifying property as CCS equipment and pipelines for property tax rates incentivizing geologic CO2 sequestration.

The Dirt on International Environmental Law Regarding Soils: Is the Existing Regime Adequate

2008
Scholarly Work
Alexandra Wyatt
This note analyzes the gaps and deficiencies in this current mix of legal regimes and how they lead to under-protection of global soil functions.

From EOR to CCS: The evolving legal and regulatory framework for carbon capture and storage

2008
Scholarly Work
Philip Marston, Patricia A Moore
This article addresses why the current legal framework will be largely adequate from a transaction and interim standpoint to allow progress from oil production operations to permanent underground storage.

Wyo. Stat. Ann. § 34-1-152 and § 34-1-153

2008
Enacted Legislation
State of Wyoming
Resolves ownership of pore space under surfaces, and ownership of CO2 injected into pore space, for purposes of geologic sequestration.

Mont. Admin. R. 38.5.8228(2)(f)

2008
Regulation
State of Montana
This is the implementing regulation for Mont. Code Ann. § 69-8-421 requiring coal-fired plants to demonstrate 50% CCS in application to Commission.

Legal and regulatory challenges in the implementation of CO2 geological storage: An Alberta and Canadian perspective

2008
Scholarly Work
Stefan Dachu
This paper reviews the current provincial and federal legislation and regulations in Canada to show that the existing legal and regulatory regime is reasonably sufficient, with some modifications, to accommodate the injection phase of carbon capture.

Carbon Capture and Storage: A Need for Re-conceiving Property Interests and Resource Management in the Australian Legal System

2008
Scholarly Work
Ross Ashcroft
This paper identifies the issues around property interests and resource management in the Australian legal system and proposes a CCS oriented framework to address the issues.

N.H. Rev. Stat. Ann. § 125-O:22

2008
Enacted Legislation
State of New Hampshire
Allows electricity distribution companies to recover cost of CCS technologies through service charges.

Carbon Capture and Storage – A Legal Perspective

2007
Scholarly Work
Ian Havercroft, Ray Purdy
This paper provides an examination of a number of key carbon capture and storage (CCS) legal mechanisms and regulatory options at the EU and international level and submits proposals for their change to resolve some issues of legal ambiguity.

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