Sunday, May 10, 2009

Legislature Enters the Fray on Carbon Cleanup

The full-article is here

It's an interesting read............ includes things like -

How to protect government from liability

Legal dangers for the state in permitting CO2 sequestration projects

If the state approves a CO2 sequestration project and it leaks into the neighboring property - that property owner could bring a large-scale suit against the state and business owner......

Building legal framework to protect THE STATE

CO2 sequestration - more study is needed

“We have to consider how this would affect surface owners,” Webster said. “In other words, if they own the land, the mineral rights are asserted for someone else that they have no legal right to. Do we inadvertently impose liability on them?”

“When I talk about landowners, I think industry shares those same concerns,” Webster said. She said no one wants unfunded liabilities 30 years down the road.

“It is the unknown that is causing people to pause,” she said.

Discussion about some industries want more assurances about liabilities - suggestions include the state taking on liability or creating a superfund"

"Issues surrounding CO2 storage are similar to the debate over nuclear waste storage"

The need for a bill to clarify the ownership of pore space under land and water.

The conversation on CO2 sequestration will only grow, Webster said. “It’s bigger than West Virginia. There are national people who can’t answer these questions,” she said.