	Introduction

The last few years have seen a surge in interest in geologic carbon sequestration, also referred to commonly as carbon capture and sequestration or carbon capture and storage (CCS), as a way to reduce carbon dioxide (CO 2 ) emissions, and thereby help to address concerns about climate change. The Energy Independence and Security Act of 2007, P.L. 110-140 , contains measures to promote research and development of CCS technology and assess sequestration capacity, including a measure to clarify the framework for issuance of CO 2 pipeline rights-of-way on public land. Among the emerging legal issues associated with CCS technology are:
1. determinations of ownership and control of the underground pore space where the CO 2 would be "sequestered" under many of the CCS facility models proposed to date; 2. the question of which federal and state agencies would permit and regulate CO 2 pipelines transporting the gas from the point of emission to the sequestration site; and 3. concerns over liability exposure that may hinder development of CCS technology.
In the last few years there has been a surge in interest in the geologic sequestration of carbon dioxide (CO2), a process often referred to as carbon capture and storage, or carbon capture and sequestration (CCS), as a way to mitigate man-made CO2 emissions and thereby help address climate change concerns. The Energy Independence and Security Act of 2007 (P.L. 110-140) contains measures to promote research and development of CCS technology, to assess sequestration capacity, and to clarify the framework for issuance of CO2 pipeline rights-of-way on public land. Other legislative proposals have also sought to encourage the development of CO2 sequestration, capture, and transportation technology.
This report discusses the myriad legal issues associated with the development of CCS technology. These issues include, but are not limited to determinations of ownership and control of the underground pore space where the CO2 would be "sequestered" under most of the contemplated technology; the question of which federal and state agencies would permit and regulate CO2 pipelines transporting the gas to the sequestration site; and concerns over liability exposure that may hinder the development of CCS technology.