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The Feasibility of Applying Strict-Liability Principles to Carbon Capture and Storage

2010
Scholarly Work
Nathan R. Hoffman
Federal Policy/Guidance
State Policy/Guidance
Carbon Capture, Utilization and Storage → Carbon Capture and Storage
Carbon Capture, Utilization and Storage → Transportation
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Summary/Abstract

Given the reality of eventual harm, one can expect that those injured by CCS operations may seek judicial remedies, even when contamination occurs many years after the injection. Because compensatory and punitive damages are generally not provided for in state and federal environmental statutes, property owners will continue to rely upon common law theories of recovery. Some common law remedies will be preferable to others for addressing the complexity of CCS. This note proposes that the policies behind strict liability make it a viable remedy, superior to statutory and many common law causes of action, for the potential and probable injuries that will inevitably flow from CCS operations.

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