Summary/Abstract
This paper examines the international and U.S. legal framework for enhanced weathering on land and in ocean waters. The paper identifies international and U.S. federal and state laws that could apply the performance of enhanced weathering projects. Laws applicable to the sourcing of materials for use in such projects are dealt with in a separate (forthcoming) paper by the author.
There are currently no international or U.S. federal or state laws dealing specifically with enhanced weathering, but projects could be regulated under various general environmental and other laws. At the international level, potentially applicable instruments include the Convention on Biological Diversity, Convention on the Prevention of Marine Pollution by Dumping of Waste and Other Matter, and the United Nations Convention on the Law of the Sea. Domestically, projects could be subject to various provisions of the Clean Water Act, Clean Air Act, Resource Conservation and Recovery Act, and Marine Protection, Research, and Sanctuaries Act, among other statutes. Exactly when and how these statutes will apply remains uncertain. Much will depend on the specific design of each project, including where it is conducted, the materials used, and how they are applied to land or ocean waters. The paper identifies areas where new laws could be adopted, or existing laws revised, to reduce uncertainty and facilitate the development of enhanced weathering projects.