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Carbon Capture, Utilization and Storage

Carbon Capture, Utilization and Storage (CCUS) technologies involve the capture of carbon dioxide (CO₂) from fuel combustion or industrial processes, the transport of this CO₂ via ship or pipeline, and either its use as a resource to create valuable products or services or its permanent storage underground.
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The legal framework for carbon capture and storage (CCS)

2013
Scholarly Work
S. Bell
This book chapter provides an overview of relevant international law for CCS and an analysis of the key provisions of European Directive 2009/31/EC on the geological storage of CO2.

Carbon Capture and Storage and the London Protocol: Recent Efforts to Enable Transboundary CO2 Transfer

2013
Scholarly Work
Justine Garrett, Sean McCoy
This paper reviews international actions to remove the legal obstacles associated with the prohibition on transboundary CO2 transfer under the London Protocol.

The European Commission’s Consultative Communication on the Future of Carbon Capture and Storage in Europe

2013
Think Tank Report
John Scowcroft, Christopher Short, Mark Bonner
This is the Global CCS Institute submission in response to the European Commission’s Consultative Communication on the Future of Carbon Capture and Storage in Europe.

Regulating a Pilot Project in the Absence of Legislation Specific to Carbon Storage

2013
Scholarly Work
Namiko Ranasinghe
This paper sets out the journey of how the Otway Project, a pilot carbon storage project, was approved in the absence of legislation specific to regulating carbon storage.

California’s Policy Approach to Develop Carbon Capture, Utilization and Sequestration as a Mitigation Technology

2013
Scholarly Work
Elizabeth Burton, Niall Mateer, John Beyer
This paper briefly summarizes the history of CCUS projects and related policy in California with the aim of understanding what factors beyond climate policy might be critical path barriers to CCUS technology adoption.

Ill. Admin. Code tit. 83, 302.40

2013
Regulation
State of Illinois
Regulates the negotiation of easements by pipeline companies for development of a CO2 pipeline from clean coal facilities to sequestration.

Miss. Code Ann. § 27-65-19

2013
Enacted Legislation
State of Mississippi
Applies a significantly reduced sales tax rate to carbon dioxide sold to enhanced oil recovery (EOR) projects or permanent geological sequestration.

Mont. Code Ann. § 69-13-101 et seq.

2013
Enacted Legislation
State of Montana
Classifies and regulates CO2 pipelines as common carriers, and authorizes the Public Service Commission to set rates of charge and promulgate operating rules for CO2 pipelines.

N.D. Admin. Code 43-05-01-01 et seq.

2013
Regulation
State of North Dakota
Provides permitting procedures and requirements for geologic storage of carbon dioxide, including environmental mandates, financial responsibility, recordkeeping and reporting.

The Public Pore Space: Enabling Carbon Capture and Sequestration by Reconceptualizing Subsurface Property Rights

2012
Scholarly Work
James Robert Zadick
Recognizing the complications inherent to private control over an essentially public action, this Note aims to demonstrate that pore space ownership should be vested in the public.

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