Carbon Capture Legal Programme - Bibliography



Holwerda, Marijn: Deploying carbon capture and storage 'safely': the scope for Member States of the EU to adopt more stringent CO2 stream-purity criteria under EU law in Climate Law [IOS Press 2011]

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Climate Law

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Social Science Research Network

Country/Region: European Community; Subject: International marine law; Legislation; Regulation of CO2 Storage


Duncan, Ian J; Anderson, Scott; Nicot, Jean-Philippe: Pore space ownership issue for CO2 sequestration in the U.S. in Energy Procedia [Elsevier 2009]

This article provides a contradictory view of the idea that ownership of subsurface geological structures in US states falls into two distint groups: those following the "american" rule and those following the "english" rule. The authors argue that the interpretation of the US case law to derive the "english" rule is based on a misinterpretation of the original, English, cases. They argue that the small number of US cases which appear to show a variation from the predominant "american" view can be seen as having been decided on other grounds, and not be inconsistent with a view that pore space will belong to the surface interest owner unless explicitly granted.

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Energy Procedia

Country/Region: USA; Subject: Property


Role of Enhanced Oil Recovery in Accelerating the Deployment of Carbon Capture and Sequestration [Massachusetts Institute of Technology]

A summary paper and proceedings from a syposium held by MIT in July 2010.

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MIT Energy Initiative website (Direct link)

Country/Region: USA; Subject: Demonstration; Economics; Policy


de Coninck, Heleen; Backstrand, Karin: An International Relations perspective on the global politics of carbon dioxide capture and storage in Global Environmental Change [Elsevier 2011]

This article is in press as of 11 May 2011.

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Global Environmental Change (subscription required)

Country/Region: International; Subject: Policy; UNFCCC/Kyoto


Hagemann, Markus; Bakker, Stefan; Moltmann, Sara; Palenberg, Anne: International CCS policy after Copenhagen: an update [CATO2 The Netherlands 2011]

This brief report reviews existing bi/multilateral support mechanisms for CCS and concludes these are missing out on important elements. It provides several options for advancing CCS in the international climate regime.

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CATO2 website

Country/Region: International; Subject: Clean Development Mechanism; Economics; Emissions Trading; UNFCCC/Kyoto


Bakker, Stefan; Mikunda, Tom; Rivera Tinoco, Rodrigo: Potential impacts of CCS on the CDM [CATO2 Netherlands 2011]

This study includes a marginal abatement cost curve for CCS in developing countries, and shows that inclusion of CCS in the CDM is likely to have only a limited impact on the CER market up to 2020

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CATO2 website

Country/Region: European Community; Subject: Clean Development Mechanism; Economics; Emissions Trading; UNFCCC/Kyoto


Chrysostomidis, Ioannis; Stamatiou, Evan: Update on Selected Regulatory Issues for CO2 Capture and Geological Storage
[CO2 Capture Project 2010]

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CO2 Capture Project website (Direct link)

Country/Region: International; Subject: Carbon Capture Readiness; Legislation; Liability; Monitoring; Permitting; Regulation of CO2 Storage; Transport


Almendra, Francisco; West, Logan; Zheng, Li; Forbes, Sarah: CCS Demonstration in Developing Countries: Priorities for a Financing Mechanism for Carbon Dioxide Capture and Storage [World Resources Institute 2011]

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World Resources Institute website (Direct link)

Country/Region: International; Subject: Demonstration; Economics; Policy


Anderson, Owen L.: Geologic sequestration: who owns the pore space? in Wyoming Law Review [2009]

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Wyoming Law Review

Country/Region: USA; Subject: Legislation; Liability; Permitting; Property; Regulation of CO2 Storage


Finkenrath, Matthias: Cost and Performance of Carbon Dioxide Capture from Power Generation [International Envergy Agency 2011]

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Cost and Performance of Carbon Dioxide Capture from Power Generation (Direct link)

Subject: Economics


Corless, Virginia; Fjøsna, Erlend; Havlik, Jan; Helseth, Jonas; Hoff, Eivind; Knudsen, Tone; Taylor, Derek; Tjetland, Gøril; Zaborowski, Marek: Insuring Energy Independence: A CCS roadmap for Poland [Bellona 2011]

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Insuring Energy Independence (Direct link)

Country/Region: European Community; Subject: Carbon Capture Readiness; Economics; Legislation; Liability; Monitoring; Permitting; Policy


Klass, Alexandra B.; Wilson, Elizabeth J.: Climate Change, Carbon Sequestration, And Property Rights in University of Illinois Law Review [2010]

Excellent discussion of the case law that may be applicable to geological storage in the US, along with a discussion of the various facets of the constitutional takings principle and how they may affect the aquisition of property rights for CCS. The authors also propose a regulatory regime for pore space property rights based on the US Natural Gas Act.

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Climate Change, Carbon Sequestration, And Property Rights

Country/Region: USA; Subject: Property


Bliss, Kevin; Eugene, Darrick; Harms, Robert W.; Carrillo, Victor G.; Coddington, Kipp; Moore, Mike; Harju, John; Jensen, Melanie; Botnen, Lisa; Marston, Philip M.; Louis, Doug; Melzer, Steve; Drechsel, Colby; Moody, Jack; Whitman, Lon: A Policy, Legal, and Regulatory Evaluation of the Feasibility of a National Pipeline Infrastructure for the Transport and Storage of Carbon Dioxide [Interstate Oil and Gas Compact Commission 2010]

This report, funded by the US Department of Energy, examines the need for national CO2 pipeline infrastructure in the United States. The report was led by the Interstate Oil and Gas Compact Commission and the Southeast Regional Carbon Sequestration Partnership.

The report asserts that a national CO2 pipeline transportation network is necessary for the large scale deployment of CCS projects due to the long distances between CO2 sources and sinks. There are already about 4,000 miles of existing CO2 pipeline infrastructure in the US supporting enhanced oil recovery operations. These have primarily been built following a private sector business model and are subject to safety and economic regulation at the federal and state level.

The report considers several business models for future CO2 pipeline construction and operation (e.g. open access, dedicated access, intrastate, interstate), along with the state and federal regulatory systems that could develop to govern these models. It concludes that the best model for a national CO2 pipeline system in the US is a private sector model, with a state-based regulatory framework instead of a federally dominated or expanded regulatory role.

Country/Region: USA; Subject: Economics; Transport


Seebregts, A.J.; Groenenberg, H.; Boot, P.A.; Snoep, H.J.M.: Policy instruments for advancing CCS in Dutch power generation [Energy Research Centre of the Netherlands 2010]

This report, commissioned by the European Climate Foundation, recommends a package of policy tools combining regulatory and financial instruments are needed to deploy CCS in the Netherlands. It also states that such a policy package will only be effective if combined with a reduction of the CO2 cap of the EU Emissions Trading Scheme.

The regulatory instrument considered in the report is an increasingly stringent emissions performance standard. Differences between the three financial instruments analyzed in the report (feed-in schemes, CO2 price guarantee, and tender systems) were found to be small.

The report also examines policy packages in other countries deploying CCS, namely, the United States, the United Kingdom and Germany.

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Full report from ECN website

Country/Region: European Community; Subject: Economics; Emissions Trading; Policy


Flatt, Victor B.: Paving the Legal Path for Carbon Sequestration from Coal in Duke Environmental Law and Policy Forum [Duke University School of Law 2009]

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Duke Environmental Law and Policy Forum

Country/Region: USA; Subject: Liability; Property; Regulation of CO2 Storage