Cyrus Zarraby · April 2012
80 GEO. WASH. L. REV. 950 (2012)
Carbon Capture and Sequestration (“CCS”) is one of the most promising technologies to curb greenhouse gas emissions from coal-fired electric generation. Although the technology for capturing and storing carbon dioxide (“CO2”) is proven and in operation, the United States needs additional pipeline infrastructure before CCS can be implemented on a national scale. However, the lack of a federal regulatory regime or consistent state regulations of CO2 pipelines will continue to hinder the private investment necessary to build the necessary infrastructure. This Note argues that Congress should pass legislation that would create a regulatory regime for CO2 pipelines that promotes the construction of new CCS infrastructure. Specifically, the legislation should (1) allow a CO2 pipeline to charge market-based rates despite the monopoly power of the CO2 pipeline, (2) provide for certain customer protections that would prevent the pipeline from taking advantage of its monopoly power, (3) grant eminent domain authority for constructing CO2 pipelines, and (4) allow the Federal Energy Regulatory Commission to implement and enforce the legislation.
