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Removing Carbon Dioxide Through Seaweed Cultivation: Legal Challenges and Opportunities

2021
Scholarly Work
Korey Silverman-Roati, Michael B. Gerrard, Romany M. Webb
International Policy/Guidance
Federal Policy/Guidance
State Policy/Guidance
Carbon Dioxide Removal → Ocean and Coastal CDR
Convention on Biological Diversity, Marine Sequestration, National Environmental Policy Act, United Nations Convention on the Law of the Sea, United States
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Summary/Abstract

This paper examines the international and U.S. legal frameworks that apply to seaweed cultivation. While there are currently no international or U.S. federal laws dealing with seaweed cultivation, the paper finds that various general environmental and other laws may apply to projects. At the international and regional level, these include the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter, and the Protocol to that Convention, the Convention on Biological Diversity, the United Nation Convention on the Law of the Sea, and the European Union Marine Strategy Framework Directive. The paper also finds that potentially applicable U.S. federal laws include the Outer Continental Shelf Lands Act, the National Environmental Policy Act, the Endangered Species Act, the Coastal Zone Management Act, the Marine Protection, Research, and Sanctuaries Act, and the Clean Water Act. Projects may also be subject to state permitting laws and state and federal requirements to consult with Native American tribes and other stakeholders.

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