State and regional control of geological carbon sequestration (Part I)

In the near future the use of coal may be legally restricted due to concerns over the effects of its combustion on atmospheric carbon dioxide concentrations. Carbon capture and geologic sequestration offer one method to reduce carbon emissions from coal and other hydrocarbon fuel. While the federal government is providing increased funding for carbon capture and storage, congressional legislative efforts to limit carbon emissions have failed. However, regional and state bodies have taken significant actions both to regulate carbon and to facilitate its capture and storage, addressing the technical and legal problems that must be resolved in order to have a viable carbon storage program. Several regional bodies have formed regulations and model laws that affect carbon capture and storage, and three bodies comprising 23 states have cap-and-trade programs in various stages of development. New state laws are being enacted that encourage carbon storage, and existing state laws affect the liability and viability of carbon storage projects. A subsequent Article will examine specific legislation concerning carbon capture and storage, or the lack of it, in 18 western states.