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Liability coverage for carbon capture and sequestration (CCS) is of paramount importance of the industry is going to mature
and develop in a way that will allow it to make a significant contribution to mitigating climate change. Liability for CCS
can be broken into two phases - short-term, which covers the pre-injection, injection, and closure stages of the project, and
longterm, which covers the post-closure stage. Since pre-injection, injection, and closure occur over a relatively short period of
time that may cover 20-30 years, typical liability instruments like private insurance, letters of credit, performance bonds, trust
funds, and escrow accounts may be utilized. For the post-closure phase, which lasts indefinitely after the site has been closed,
more enduring liability instruments must be used in order to ensure that adequate and long-lasting coverage is provided.
Several states have created liability schemes to cover long-term liability, but most of these schemes are incomplete and may lead
to confusion over who is responsible for damages and remediation if they are utilized. This paper discusses possible liability
schemes, critically analyzes those schemes currently in place, and proposes the best possible choice for long-term coverage of
geological sequestration.
Biography
Elizabeth L Aldrich is the Chair of the Department of Sustainability Studies at The White Mountain in New Hampshire. Her research and teaching interests focus
on energy policy and greenhouse gas markets. She is the author of many journal articles on voluntary and compliance renewable energy markets, emerging US
carbon markets, renewable energy purchasing options, and a book entitled
Renewable Energy Project Development Under the Clean Development Mechanism:
A Guide for Latin America
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