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The Paradox of Regulating Negative Emissions Technologies Under US Environmental Laws

2018
Scholarly Work
Tracy D. Hester
Federal Policy/Guidance
State Policy/Guidance
Carbon Dioxide Removal
Clean Air Act, National Environmental Policy Act
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Summary/Abstract

Most domestic environmental laws control the act of emitting pollutants into the environment. As a result, they do not apply squarely to negative emissions technologies (NETs) that remove ambient contaminants and do not emit pollutants themselves. As a result, current US environmental laws cannot readily govern a NET unless it has features that would typically allow regulation of a clean-up, such as ownership of the polluted resources, being at fault for polluting them or instituting projects to restore them. This paper argues that we should reinterpret such laws to focus on actual disruption or harm to the environment instead of using emission of pollutants as a proxy for ecological damage.

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