CDR Law

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Carbon Capture and Sequestration: A Regulatory Gap Assessment

2012
Scholarly Work
Lincoln Davies, Kirsten Uchitel, John Ruple, Heather Tanana
This report identifies a need for a comprehensive CCS regulatory regime based around a cooperative federalism approach that directly addresses liability concerns and that generally does not upset traditional lines of federal-state authority.

EOR/CCS 360-Degree Legal Review

2012
Think Tank Report
Per Hemmer, Rania Kassis
This report provides a high-level regulatory overview of the legal issues of importance for a combined Enhanced Oil Recovery (EOR) and Carbon Capture and Storage (CCS) project in Denmark.

Carbon Capture and Storage Regulatory Review for Trinidad and Tobago

2012
Think Tank Report
Jessica Morton, Alice Gibson, Ian Havercroft
This Global CCS Institute review considers how a CCS project, through its entire chain from concept and design to decommissioning, could fit into the current legal and regulatory framework of Trinidad and Tobago in 2012.

The development of carbon dioxide capture legislation in the UK

2012
Scholarly Work
Emily L. Agus, Kirsten Foy
This paper summarizes the development and implementation of UK government policy with respect to the EU CCS Directive, with particular regard given to the implications on the consenting of new CCGT power plants and coal-fired power plants.

A Cooperative Federalism Framework for CCS Regulation

2012
Scholarly Work
Jonas J. Monast, Brooks R. Pearson, Lincoln F. Pratson
This paper reviews the history of cooperative federalism and how it may provide a framework to determine appropriate roles for federal and state governments, and applies that framework to the gaps in the CCS regulatory structure.

Cal. Code Regs. tit. 17, § 95852(g)

2012
Regulation
State of California
Carbon dioxide suppliers are regulated under California’s cap-and-trade program, but any CO2 supplied that is ultimately geologically sequestered is not included in their compliance obligation (e.g., CO2 supplied for enhanced oil recovery).

16 Tex. Admin. Code § 3.30

2012
Regulation
State of Texas
Memorandum of Understanding between the Railroad Commission of Texas and Texas Commission on Environmental Quality, recognizing Railroad Commission’s jurisdiction to regulate carbon dioxide sequestration wells per Texas Water Code § 27.041.