The Carbon Storage Future of Public Lands

40 Pages Posted: 6 Apr 2021 Last revised: 28 Jun 2021

See all articles by Tara Kathleen Righetti

Tara Kathleen Righetti

University of Wyoming College of Law

Jesse Richardson

West Virginia University College of Law

Kris Koski

University of Wyoming School of Energy

Samuel Taylor

West Virginia University

Date Written: May 1, 2021

Abstract

To meet the climate and energy goals set forth by the Biden Administration and the Paris Agreement, the United States must dramatically reduce carbon emissions. Use of public lands for carbon dioxide removal activities, including carbon capture, utilization, and storage (CCUS), has the potential to advance carbon reduction goals and concurrently provide economic revitalization opportunities to communities dependent on fossil industries on public land. Current federal law presents numerous challenges and opportunities associated with utilization of federal pore space for CCUS. Although federal grant programs and tax incentives encourage deployment of CCUS technologies, legal and land-management issues related to public lands have received comparatively little legislative or agency attention. This essay seeks to bring attention to land-management aspects of geologic storage and to broaden conversations regarding pathways to encourage CCUS technology deployment on federal lands. The authors identify opportunities for courts, agencies, and Congress to address uncertainties related to federal pore space and promote cooperation and coordination with state agencies.

Keywords: public lands, carbon capture, pore space, environmental law, energy law, climate law, land management

Suggested Citation

Righetti, Tara Kathleen and Richardson, Jesse and Koski, Kris and Tyalor, Samuel, The Carbon Storage Future of Public Lands (May 1, 2021). 38 Pace Envt'l L. Rev. 181 (2021), Available at SSRN: https://ssrn.com/abstract=3782035

Tara Kathleen Righetti (Contact Author)

University of Wyoming College of Law ( email )

P.O. Box 3035
Laramie, WY 82071
United States

HOME PAGE: http://www.uwyo.edu/law/directory/tara-righetti.html

Jesse Richardson

West Virginia University College of Law ( email )

101 Law School Drive
Morgantown, WV West Virginia 26506-6130
United States
3042939460 (Phone)

Kris Koski

University of Wyoming School of Energy ( email )

Box 3434 University Station
Laramie, WY 82070
United States

Samuel Tyalor

West Virginia University ( email )

PO Box 6025
Morgantown, WV 26506
United States

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