The Evolution Of Legal Infrastructure For CCS

Law360, New York (September 17, 2009, 12:21 PM EDT) -- While a few states have made some legislative progress and proposals have been made by federal legislators and by the U.S. Environmental Protection Agency to develop the legal infrastructure to support commercially viable carbon capture and storage in the United States, significant gaps, critical to the deployment of CCS, remain in the legal framework.

There are uncertainties about virtually every legal aspect of geologic carbon sequestration: regulatory and permitting requirements, scope and allocation of liability and property rights issues.

Moreover, it is unclear which state and...
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