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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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Pipedream to Pipeline: Ownership of Kentucky’s Subterranean Pore Space for Use in Carbon Capture and Sequestration

2011
Scholarly Work
Mark A. Imbrogno
This article seeks to define and clarify property rights to subsurface pore space in Kentucky, particularly rights to the types of structures that are relevant to CCS.

Aggregating pore space ownership for geologic sequestration of CO2

2011
Scholarly Work
Audrey Marie Rozsypal
This paper examines oil and gas unitization statues and statutes creating groundwater districts to find legislative regimes useful for achieving pore space ownership aggregation.

Ala. Admin Code r. 335-6-8-.01 et seq.

2011
Regulation
State of Alabama
Regulations for permitting, operating, and monitoring underground injection wells, including wells for permanent storage of carbon dioxide.

415 Ill. Comp. Stat. Ann. 5/13.7

2011
Enacted Legislation
State of Illinois
Allows for inspection of carbon sequestration sites by Illinois EPA for water quality control purposes.

Ind. Code § 8-1-8.8-1 et seq.

2011
Enacted Legislation
State of Indiana
“Utility Generation and Clean Coal Technology” subsection of Utilities and Transportation Code that provides financial incentives for utilities building ‘new energy’ generators, including CCS coal plants.

Iowa Admin. Code r. 261-401.6

2011
Regulation
State of Iowa
A regulation that makes energy projects implementing carbon capture and storage eligible for state financial assistance.

Ky. Rev. Stat. Ann. § 353.800 et seq.

2011
Enacted Legislation
State of Kentucky
Section of law that creates an “economic priority” to attract CCS projects “that will create jobs ... and favorably position the Commonwealth for future leadership and growth in the field,” including provisions relating to pore space ownership.

Miss. Code Ann. § 53-11-1 et seq.

2011
Enacted Legislation
State of Mississippi
The Mississippi Geologic Sequestration of Carbon Dioxide Act authorizes the State Oil and Gas Board to regulate carbon storage in the state, including by approving carbon storage facilities and regulating the use of carbon dioxide in EOR.

16 Tex. Admin. Code § 5.301

2011
Regulation
State of Texas
Regulates the use of anthropogenic CO2 in enhanced oil recovery (EOR) projects, with permit criteria and operational standards.

Development of a Global CO2 Pipeline Infrastructure

2010
Think Tank Report
IEA Greenhouse Gas R&D Programme
This report reviews the legal impediments which might hamper development of international CO2 transportation networks.

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