CDR Law

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Carbon Capture and Storage: legal issues

2006
News/Commentary
MJ Mace
This opinion piece argues that CCS regulatory frameworks need to be consistent with international law where transboundary impacts are possible, transboundary transportation is involved, or offshore storage activities are contemplated.

Acceptability of CO2 capture and storage: A review of legal, regulatory, economic and social aspects of CO2 capture and storage

2006
Think Tank Report
Heleen de Coninck, Jason Anderson, Paul Curnow, Todd Flach, Ole-Andreas Flagstad, Heleen Groenenberg, Christopher Norton, David Reiner, Simon Shackley
This report provides a critical literature review of the legal and regulatory issues of CCS in the European Union, including how CCS fits within the international legal framework and what policy incentives can be used to increase CCS deployment.

Australian Government Submission into the House of Representatives Inquiry on Geosequestration

2006
Scientific Report
Department of the Environment and Heritage, Department of Education, Science and Training, Department of Foreign Affairs and Trade, Department of Industry Tourism and Resources and Geoscience Australia
This is the Australian Government's response to the House of Representatives Standing Committee on Science and Innovation's inquiry into the science and application of CCS and geosequestration technology in Australia.

Colo. Rev.Stat. § 40-2-123

2006
Enacted Legislation
State of Colorado
Provides framework for utility applications to build gasification combined cycle plants with carbon capture capabilities and allows waiver of commission’s “rules requiring competitive resource acquisition” upon proper utility demonstration.

Colo. Rev. Stat. § 25-1-1303

2006
Enacted Legislation
State of Colorado
In 2006, provided $50,000 grant to the Colorado School of Mines to research “geologic carbon sequestration as technique for mitigating the emissions of greenhouse gases in the state.”

N.Y. Gen. Mun. L. § 959-b

2006
Enacted Legislation
State of New York
Qualifies clean coal plants using CCS as “clean energy enterprises” eligible for state incentives.

26 USC §48A

2005
Enacted Legislation
U.S. Congress
The Qualifying Advanced Coal Project Credit includes investment tax credits aimed at reducing emissions by incentivizing efficiency upgrades at coal-fired power plants.

26 USC §48B

2005
Enacted Legislation
U.S. Congress
This law provides tax credit of 20-30% for investment in qualifying gasification projects for electricity generation or industrial applications that capture and sequester at least 75% of their carbon dioxide emissions.