Report, Carbon Dioxide Pipeline Regulation

Nordhaus and Pitlick’s 2009 report in The Energy Law Journal suggests a regulatory framework to better support construction of the new CO2 pipeline infrastructure necessary for widespread deployment of CCS. It recommends that existing CO2 pipelines remain subject to state level regulation, while new pipelines would be able to elect to apply for federal permits for construction and operation. The federal permit would avoid state siting requirements and grant eminent domain authority similar to that provided interstate natural gas pipelines. Federally permitted pipelines would be subject to federal common carrier regulation.