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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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La. Admin Code tit. 43, pt. XI, subpt. 4

2017
Regulation
State of Louisiana
Regulates construction, design, and operation of CO2 transmission pipelines, including detailed regulations on safety and maintenance.

Mich. Comp. L. Ann. § 460.1047

2017
Enacted Legislation
State of Michigan
Allows power plants to recover costs of constructing and maintaining “advanced cleaner energy systems,” which include, in coal-fired plants, carbon capture and geologic sequestration of 85% or more CO2 emissions.

Update on Climate Geoengineering in Relation to the Convention on Biological Diversity: Potential Impacts and Regulatory Framework

2016
Scientific Report
Secretariat of the Convention on Biological Diversity
This report provides an update, including regulatory developments, to the CBD's 2012 Technical Series No. 66: Geoengineering in Relation to the Convention on Biological Diversity report on the potential impacts of geoengineering.

S.3179 – Carbon Capture Utilization and Storage Act

2016
Proposed Legislation
Amending Section 45(Q) of the Tax Code to expand and enhance credits for CO2 utilization and storage.

Manchin Net-Negative CCS Amendment S. 2012 – The Energy Policy Modernization Act (EPMA)

2016
Proposed Legislation
This amendment to the Energy Policy and Modernization Act names net-negative carbon dioxide emissions projects as a programmatic priority for DOE FE, and authorizes $22 million per year over five years to fund net-negative demonstration projects.

Liability and Compensation for Damage Resulting from CO2 Storage Sites

2016
Scholarly Work
Michael Faure
The goal of this article is to sketch how CCS liability rules could be developed, and to present a compensation mechanism that takes into account the particular difficulties arising with CCS, especially the long-tail risk of a potential CO2 release.

The Public Acceptance and Legal Issues of Carbon Capture and Storage Technology in Taiwan

2016
Scholarly Work
Anton Ming-Zhi GAO
This paper also offers insight into how Taiwan might implement a successful CCS program through an examination of the established legal regimes in the EU and other G8 member countries.

Who Owns the Right to Store Gas: A Survey of Pore Space Ownership in U.S. Jurisdictions

2016
Scholarly Work
Stefanie L. Burt
This article addresses the issue of pore space ownership under both U.S. state and federal law.

La. Admin Code tit. 43, pt. XIX, § 403

2016
Regulation
State of Louisiana
Regulates the injection of CO2 for enhanced oil recovery (EOR) operations, including provisions to prevent or correct CO2 leaks.

Mich. Admin. Code. r. 299.9204

2016
Regulation
State of Michigan
Regulates CO2 pipelines and injection wells as Class VI injection wells.

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