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The Government’s Multi-Faceted Role in Resolving the Main Legal Issues regarding Carbon Capture and Sequestration

2019
Scholarly Work
MoonSook Park
International Policy/Guidance
Carbon Capture, Utilization and Storage → Carbon Capture and Storage
Carbon Capture, Utilization and Storage → Transportation
Pore Space Ownership, CCS Liability
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Summary/Abstract

This article addresses four CCS legal issues that are of common importance to governments and should be covered in any future regulatory systems: permitting, environmental impact assessments, liability, and property rights. The article argues that it is important to ensure each step in a CCS permitting system is accompanied with detailed standards in order for the government agency to be able to judge whether an authorization is appropriate. It is also necessary for the government to enforce environmental impact assessments while making evaluation items and evaluation methods as detailed and diverse as possible. With regard to the liability issue, the article identifies it as desirable to clearly provide the relevant standards for liability and to have a liability system that effectively balances the interests of CCS operators and the government. Furthermore, a system for transferring liability to the government after a certain period of time needs to be adopted because it can contribute to public safety, both from the CCS operator and the government standpoint, and at the same time distribute the liability burden. In resolving the property rights issue, the article argues that it is reasonable to use the government’s power of eminent domain at the federal level so that a unified institution can promote smooth CCS implementation. Therefore, the government will play a crucial role in many aspects of CCS implementation, such as through regulatory oversight and sharing liability associated with CCS.

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