CDR Law

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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.

Assessment of Carbon Capture and Sequestration Liability Regimes

2011
Scholarly Work
Elizabeth Lokey Aldrich, Cassandra Koerner
This article assesses the carbon capture and sequestration liability regimes and concludes that incomplete liability schemes are likely to cause confusion, misunderstandings, and litigation as they are implemented.

LA Rev. Stat. Ann. §§30:1109

2011
Enacted Legislation
State of Louisiana
Louisiana has enacted legislation to limit private liability for sequestration of captured carbon dioxide by transferring ownership of sequestered carbon dioxide to the state after 10 years.