PowerPoint - Property & Regulatory Issues CO2 Sequestration

www.stoel.com/webfiles/RMMLI_July2008.ppt

National Mining Association Carbon Capture and Storage - Barriers to CCS

http://www.nma.org/pdf/fact_sheets/ccs.pdf Read entire article here

I find this to be an interesting statement - Avoiding application of the federal Superfund program to in• jections of CO2;

At present, uncertainty over siting requirements and long-term liability issues associated with the underground storage of CO2 have deterred project developers, financiers and insurers from moving forward with CCS. However, CCS as a tool for mitigating CO2 emissions and ensuring a secure and affordable energy supply for America represents a vital public interest that merits a federal-level program to clarify and resolve these long-term liability issues and to clear the way for the rapid and widespread commercialization of the technology. Some of the key issues that must be resolved in order to foster widespread commercialization of CCS include:
Determining responsibility for post-closure monitoring;•
Avoiding application of the federal Superfund program to in• jections of CO2;
Avoiding characterization of CO• 2 as a waste and CCS activities as waste disposal to avoid triggering expensive “cradle to grave” regulations of the Resource Conservation and Recovery Act (RCRA); and
Resolving property rights issues, including pore space owner• ship, trespass and interstate issues relating to CO2 transportation and placement.

Property Rights Issues Could Stymie Geologic Carbon Sequestration, an Industrial Info News Alert

SUGAR LAND, TX--(Marketwire - August 17, 2009) - Written by John Egan for Industrial Info Resources (Sugar Land, Texas) -- Efforts in the U.S. to geologically sequester carbon-dioxide emissions could be delayed or derailed unless state and federal governments find a way to address property rights issues, lawyers at Stoel Rives LLP (Portland, Oregon) told Industrial Info. The Waxman-Markey energy bill, currently being considered by the U.S. Senate, awards bonus carbon-dioxide allowances to utilities that will deploy carbon capture and sequestration (CCS) technologies at coal-fired power plants by 2015. Property rights are critical to geologic carbon sequestration, because the underground areas needed to store carbon dioxide are extremely large and could cross state borders. The potential interstate nature of carbon sequestration projects means that the federal government could take a leading role in creating a consistent legal framework for acquiring the property rights for these projects.

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