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Carbon Capture and Storage: Developments under European Union and International Law

2007
Scholarly Work
Ian Havercroft, Ray Purdy
This paper seeks to provide an examination of the regulatory options for CCS in the European Union and to review the proposals for the resolution of legal ambiguity around CCS.

Cal. Code Regs. tit. 20, § 2904

2007
Regulation
State of California
Carbon dioxide that is sequestered is not included in the CO2 emissions compliance obligation for power plants.

20 Ill. Comp. Stat. Ann. § 687/6-5

2007
Enacted Legislation
State of Illinois
Provides funds from a ratepayer “Renewable Energy Resources and Coal Technology Development Assistance Charge” for capturing and sequestering CO2 from coal combustion, and supporting research on CCS technology.

Mont. Code Ann. § 69-8-421

2007
Enacted Legislation
State of Montana
Moratorium on new coal-fired power facilities, unless a facility captures and sequesters a minimum 50% CO2 emissions, until such time as uniform federal or state standards for CCS are adopted.

Permitting issues for CO2 capture, transport and geological storage: A review of Europe, USA, Canada and Australia

2007
Scholarly Work
Paul Zakkour, Mike Haines
The paper reviews the environmental, health and safety permitting/regulatory issues presented by CO2 capture and storage (CCS) operations across the full project cycle in the EU, North America and Australia.

Liability and Financial Responsibility Frameworks for Carbon Capture and Sequestration

2007
Think Tank Report
Elizabeth Wilson, Mark A. DeFigueiredo, Chiara Trabucchi, Kate Larsen
This WRI issue brief examines liability and financial responsibility frameworks potentially applicable to CCS projects by considering existing analogs and options for mitigating the near-and long-term risks of CCS technologies.

Part 2: Analysis of Property Rights Issues Related to Underground Space Used for Geologic Storage of Carbon Dioxide

2007
Scholarly Work
David Cooney
This paper discusses how various states address subsurface property rights and liabilities of using underground pore space for CO2 storage and analyzes case law relating to natural gas storage as a compatible analog to these legal issues.

LC-LP.1/Circ.14: Statement of Concern Regarding Iron Fertilization of the Oceans to Sequester CO2

2007
International Legal Instrument
International Maritime Organization
Statement of concern from the Scientific Groups to the London Convention and London Protocol regarding iron fertilization of the oceans to sequester CO2.

Wash. Rev. Code Ann. § 80.80.030

2007
Enacted Legislation
State of Washington
Required the Governor to develop policy recommendations on methods to meet greenhouse gas reduction goals, including carbon capture and storage.

Colo. Rev. Stat. § 25-1-1303

2006
Enacted Legislation
State of Colorado
In 2006, provided $50,000 grant to the Colorado School of Mines to research “geologic carbon sequestration as technique for mitigating the emissions of greenhouse gases in the state.”

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