From EOR to CCS: The Evolving Legal and Regulatory Framework for Carbon Capture and Storage (2008)

Energy Law Journal, Volume 29, No. 2 (2008). Philip M. Marston, Patricia A. Moore

The United States oil and gas industry has a long experience in transporting, injecting, and effectively storing CO2 in tertiary oil recovery operations usually known as Enhanced Oil Recovery. As a result, there already exists a legal and regulatory framework that addresses many – but not all – of the issues that will need to be addressed if carbon capture and storage is to be adopted by policymakers as part of a carbon regulation regime. A review of that existing framework allows identification of those aspects that appear adequate to govern the sale, transport, and injection of CO2 for carbon capture and storage purposes as well as those that do not. 

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