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Surveying the Risks of Carbon Dioxide: Geological Sequestration and Storage Projects in the United States

May 2009

Citation: 39 ELR 10376

Issue: 5

Author: Donna M. Attanasio

Editors' Summary

Electric generation projects that are coupled with carbon capture and geological sequestration and storage (GS) are likely to offer energy companies new opportunities, once the technological hurdles are surmounted and commercial viability is shown. At the same time, these projects pose challenging risk assessments issues for potential equity investors and debtholders. National standards for GS are developing slowly and without a comprehensive framework. Some states have laws more conducive to GS development than others, and therefore certain projects may have significant location-based legal advantages over others. In all cases, because the law is evolving, potential GS projects in the United States have a level of legal risk requiring careful assessment and understanding before investment.

Donna M. Attanasio is a partner with White & Case LLP.

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