Number: RL34307
Title: Regulation of Carbon Dioxide (CO2) Sequestration Pipelines: Jurisdictional Issues
Authors: Adam Vann, American Law Division; Paul W. Parfomak, Resources, Science, and Industry Division 
Abstract: This report discusses federal jurisdictional uncertainty over CO2 pipelines under existing law, as well as potential legislative activity to address any possible regulatory "gap" in jurisdiction. It should be noted that such a potential gap does not necessarily demand federal legislative resolution. Nevertheless, some analysts, drawing on the history of oil and natural gas pipeline development, anticipate a potential need for better defined federal legislative/regulatory authority over an interstate CO2 pipeline network. Accordingly, Congress may be called upon to consider whether existing federal jurisdictional disclaimers and the state-by-state regulatory structure for Enhanced Oil Recovery (EOR) pipelines is an appropriate regulatory scheme for a possible interstate CO2 pipeline network in support of CCS. Congress could opt to amend existing statutes, possibly those related to the interstate pipeline jurisdiction of the Federal Energy Regulatory Commission (FERC) or the Surface Transportation Board (STB) to provide for definitive CO2 pipeline rate jurisdiction by the federal government if it does not favor the existing regulatory scheme. Alternatively, Congress could establish another federal regulator of CO2 pipelines or possibly other legislation to amend the existing regulatory scheme.
Pages: 7
Date: April 15, 2008