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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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Legal challenges of carbon capture and storage in the South China Sea region

2017
Scholarly Work
Keyuan Zou, Lei Zhang
This article offers a survey of CCS projects in the South China Sea region and discusses the legal challenges associated with CCS activities in state practice.

Potential Regulatory Systems for Carbon Capture and Sequestration (CCS): Legal Analysis of the Current and Future Regulatory Systems and Recommendations for Acceptance in South Korea

2017
Scholarly Work
MoonSook Park
This dissertation aims to set up a legal and regulatory framework for CCS in South Korea.

The Opportunities to Promote Carbon Capture and Storage (CCS) in the United Nations Framework Convention on Climate Change (UNFCCC)

2017
Think Tank Report
Mark Bonner
This report aims to illustrate and explain how the various UNFCCC 'vehicles' are linked and how they individually and collectively can be used to support CCS while simultaneously enhancing climate mitigation outcomes.

Correlative Rights and Limited Common Property in the Pore Space: A Response to the Challenge of Subsurface Trespass in Carbon Capture and Sequestration

2017
Scholarly Work
Tara Kathleen Righetti
This article argues that the challenge of subsurface trespass associated with CCS can be overcome by conceptualizing pore space rights in the storage complex as limited common property with rights of proportionate use.

Best Practice for Transitioning from Carbon Dioxide (CO2) Enhanced Oil Recovery EOR to CO2 Storage

2017
Scholarly Work
Ken Allinson, Dan Burt, Lisa Campbell, Lisa Constable, Mark Crombie, Arthur Lee, Vinicius Lima, Tim Lloyd, Lee Solsbey
This paper identifies the legal, regulatory and economic challenges in the USA, Canada, EU, Australia, and Brazil that must be addressed if an enhanced oil recovery (EOR) project is to serve as a CCS project.

Ill. Admin. Code tit. 83, Part 455

2017
Regulation
State of Illinois
Prescribes standards for complying with renewable energy portfolio standard, including clean coal standard of 50% sequestration.

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.

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.

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