7 Envtl. & Energy L. & Pol'y J. 1 (2012)

handle is hein.journals/eener7 and id is 1 raw text is: ARTICLE
A COOPERATIVE FEDERALISM
FRAMEWORK FOR CCS
REGULATION
Jonas J. Monast, Brooks R. Pearson, and Lincoln F Pratson*
I.    INTRODUCTION          ................................ .......2
II.   CCS OVERVIEW.................                   ..................... 5
A. The Science and Technology of CCS................ 5
B. Viewing CCS as a System        .................    ......6
C. Drivers for CCS Technologies....................9
III.  CURRENT STATE OF THE LAW         ................... .......10
A. State........................................11
B. Federal..........................................14
IV.   FRAMEWORK FOR CREATING OPTIMAL REGULATORY
STRUCTURE..........................................17
A. Appropriate Role of State and Federal Actors ............ 17
B. Cooperative Federalism.....................18
C. Cooperative Federalist Approach to CCS
Regulation         .............................  .....20
V.    LEGAL AND REGULATORY ISSUES....................22
A. Capture......................................22
B. Transportation..........................               23
C. Storage......................................27
1. Property Rights..................          ...........27
* Jonas Monast is the Director of the Climate and Energy Program at Duke
University's Nicholas Institute for Environmental Policy Solutions. Brooks Rainey
Pearson is Policy Council at Duke University's Nicholas Institute for Environmental
Policy Solutions. Dr. Lincoln Pratson is the Truman and Nellie Semans/Alex Brown and
Sons Professor of Earth and Ocean Sciences at Duke University's Nicholas School of the
Environment. The authors would like to thank Dr. Darmawan Prasodjo for his ongoing
collaboration regarding CCS system design and for producing the figure in this article, as
well as Sarah Nichols and Mike Nolan for their research assistance.

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