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Carbon updates from Washington, DC |
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Marston Law |
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218 N. Lee Street - Suite 300 - Alexandria, VA 22314 |
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Phone: 703-548-0154 |
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Current and Proposed CO2 Pipeline Infrastructure Resource · Click here to visit Marston Law’s CO2 Pipeline Map of currently existing and proposed CO2 pipelines across the nation.
CO2 Pipeline Regulation News:
· Federal regulatory jurisdiction over CO2 pipelines: The Congressional Research Service (CRS) has prepared a legal analysis of Federal regulatory jurisdiction of CO2 pipelines under the Interstate Commerce Act (jurisdiction of the Surface Transportation Board or STB) and under the Natural Gas Act (jurisdiction of the Federal Energy Regulatory Commission or FERC):
The paper reviews (at 4-7) jurisdictional precedents under both statutes dating from the beginnings of CO2 pipeline construction in which the relevant agencies concluded that CO2 pipelines were not subject to jurisdiction under the Interstate Commerce Act or the Natural Gas Act. The paper notes (at 10) that state laws and contractual arrangements among interested parties established under for existing operations to transport CO2 for EOR purposes would also apply to CO2 pipelines for CCS, that safety regulation would continue under existing requirements of the Department of Transportation, and that federal antitrust enforcement agencies, including the Federal Trade Commission and the antitrust division of the U.S. Department of Justice could address claims of anticompetitive behavior. The paper then raises some of potential legislative and policy implications of this legal analysis.
The paper is available online at various sites including the National Council for Science and the Environment and Open CRS. (The April 15, 2008 jurisdictional analysis updates an earlier report of the same title and order code (dated January 7, 2008) making several modest editorial changes).
· Emerging issues regarding CO2 pipelines: Building on the legal analysis of regulatory jurisdiction under existing law, the CRS has also prepared a review of a number of issues that may affect CO2 transportation for CCS purposes:
The paper is available at the Open CRS website
NOTE TO THE READER: The January 17, 2008 updated report is based in part on the above-referenced jurisdictional analysis and corrects statement in an earlier version (from April 2007) that incorrectly indicated that the STB exercises regulatory jurisdiction over CO2 pipelines under the Interstate Commerce Act, as amended.
Action by State legislatures on Carbon Capture and Storage is available from the National Conference of State Legislatures, based in Denver, CO with an office in Washington DC. The NCSL has a useful data base of state legislative activity.
· Summary of CCS legislative activity in the States: For a March 24, 2008 memorandum summarizing legislative activity in some 31 state legislatures potentially affecting carbon capture and storage as of that date, see:
· The search portal to the Conference's database for all state legislation is available at: http://www.ncsl.org/programs/energy/energypolicy.cfm.
Select "CARBON SEQUESTRATION" in the second drop down box and the State or States you wish to search.
NOTE: You will be leaving the Marston Law site and so no assurances can be provided as to the accuracy or completeness of information published on other sites. |
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Carbon updates from Washington, DC |