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New LPDD Model Instruction Memorandum for Geologic Carbon Sequestration on Federal Lands

April 9, 2022

The LPDD team is thrilled to announce the publication of another model legal document, an Instruction Memorandum (IM) for geologic carbon sequestration on federal lands. It is available to view here.

This model document proposes an update to the Bureau of Land Management’s IM on the same subject, which had been limited to information gathering and expired in 2013. The proposed language would expand the scope IM to include both CO2 GS characterization (by permit) and CO2 GS implementation (by lease), and revise the IM to incorporate more recent policy direction. This model IM language could allow BLM to immediately begin efforts to prioritize geologic carbon sequestration on some federal lands.

The attached memorandum further notes that this submission complements our previously published model law, State Legislation for the Geologic Storage of Carbon Dioxide, which offers suggestions for state legislation on carbon capture and storage to be applied to both public and private lands.

These documents were drafted by Mary Capdeville, and are based on recommendations found in Chapter 28 of the LPDD text, which was co-authored by Professor Michael Craig of the University of Michigan, who contributed peer reviewing of the proposal.  Peer reviewing was also provided by Dr. Esmeralda Colombo, Fulbright-Schuman Postdoctoral Fellow (UC Berkeley).

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© 2022 Sabin Center for Climate Change Law

This website provides educational information. It does not, nor is it intended to, provide legal advice. No attorney-client relationship is established by use of this site. Consult with an attorney for any needed legal advice. There is no warranty of accuracy, adequacy or comprehensiveness. Those who use information from this website do so at their own risk.

Laws vary considerably from jurisdiction to jurisdiction. The model legal documents on this website are not specific to any jurisdiction. They should be viewed solely as a starting point for legislators, policymakers and interested stakeholders, and would need to be adapted and modified to the particularities of local, county, state, federal and other legal systems in consultation with an attorney licensed to practice and experienced in the drafting and enactment of legislation in that jurisdiction.

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