Captured by Complexity: The Future of Regulating Carbon Capture and Storage

Bradley attorneys Toni Meier and Delaney Beier co-authored the article “Captured by Complexity: The Future of Regulating Carbon Capture and Storage,” which was published in the summer issue of the American Bar Association’s Natural Resources & Environment Magazine.

Current technology allows us better means to prevent and recover from future and existing environmen­tal damage caused by carbon dioxide (CO2). Though other options for climate help may be available, an increasingly viable and popular option is carbon capture and storage (CCS). CCS is a complex process that involves removing CO2 from emissions by (1) capturing CO2, either at emission sources (e.g., power plants, natural gas processing facilities, and other industrial facilities) or directly or indirectly from the atmosphere; (2) transporting CO2 by pipeline, rail, truck, or boat; and (3) permanently storing or burying CO2 in a suitable underground location, such as in a geologic forma­tion. While the use of CCS is fairly limited today, the United States leads global CCS development according to the Global CCS Institute’s report entitled Global Status of CCS 2024. More specifically, in 2024, the United States was home to 276 CCS projects — presenting a 79% increase from 2023, and a 324% increase over its next-closest competitor, the United King­dom — scattered across the United States and centered in states such as California, Illinois, Louisiana, North Dakota, Texas, West Virginia, and Wyoming. While some of these projects are fully operational, others are under construction or in the early stages of permitting and development.

This article provides an overview of CCS generally, includ­ing its potential benefits and associated criticisms, before examining some of the legal challenges by highlighting the complexities in the CCS process and the most common legal and regulatory hurdles that influence these technologies.

The full online article is available to members of the ABA Section of Environment, Energy, and Resources.