Carbon Capture and Sequestration: Evolving Legal Challenges

Mitigating Climate Change Legal Risks and Managing Long-Term Liabilities

Recording of a 90-minute premium CLE webinar with Q&A

Conducted on Tuesday, November 24, 2009

Recorded event now available

or call 1-800-926-7926
Course Materials

This seminar will examine the legal challenges that face companies and counsel dealing with climate change issues, best practices for responding to those challenges, and the impact of recent legislative and regulatory developments.


Growing world energy demands that remain dependent on fossil fuel sources have increased carbon dioxide in the atmosphere, heightening corporate concerns over climate change issues. Carbon capture and storage (CCS) is an increasingly important tool to reduce greenhouse gas (GHG) emissions.

In addition, several states have enacted laws to regulate CCS and encourage development and deployment of CCS technology. While taking advantage of CCS benefits businesses, it also raises critical new compliance and potential liability issues that counsel must understand, analyze and address.

Companies and their counsel must also understand the impact of the recent legislative and regulatory developments and how to manage long-term and potential liabilities.

Listen as our authoritative panel of environmental and energy attorneys examines the legal issues associated with CCS, including ownership, the basis for liability, established liability frameworks, long-term liability management, as well as recent CCS legislative and regulatory developments.



  1. Regulatory and legislative developments
    1. State law/legislation
    2. Federal developments
      1. Carbon Storage Stewardship Trust Fund Act of 2009 (Casey-Enzi bill)
      2. Department of Energy Carbon Capture and Sequestration Program Amendments Act of 2009 (Bingaman bill)
    3. International developments
  2. Legal issues of carbon capture
    1. Ownership of the storage reservoir
    2. Mineral rights
    3. Groundwater rights
    4. Acquisition of rights to substances underground
    5. Carbon offset rights
  3. Liability
    1. Basis of liability
    2. Liability concerns
    3. Allocation of long-term, unknown environmental risks
    4. Role of insurance
    5. Role of state and federal governments


The panel will review these and other key questions:

  • What steps have federal and state governments taken so far to regulate CCS—and what is on the horizon?
  • What role is CCS expected to play in GHG trading credits and offsets?
  • Who is liable for CCS—the generator of carbon dioxide, the property owner, or the investor?
  • What are the key long term liabilities facing CCS participants—and what should be done upfront?


David M. Flannery
David M. Flannery

Jackson Kelly

His practice is focused upon the representation of companies and trade organizations in a variety of matters including...  |  Read More

Dennis Arfmann
Dennis Arfmann

Hogan & Hartson

His practice focuses on air quality; hazardous waste and water quality, with particular emphasis on successfully...  |  Read More

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