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Document Type

Article

Subject Area

Special Section

Abstract

Carbon capture and storage is being used in an increasing number of locations in the United States as a tool to address climate change, and many more projects are in the planning stages. Although government, industry, and some prominent environmental organizations support the use of CCS, some environmental organizations and many citizens who live in the vicinity of proposed CCS projects oppose CCS. This has prompted several local governments to enact ordinances that attempt to prohibit or regulate CCS. These ordinances take many forms—moratoria, zoning restrictions and setbacks, effective bans, outright bans, construction and operational restrictions, and various other types of regulation. However, these local government ordinances may be vulnerable to attack on grounds that the ordinances are invalid. One potential line of attack is that the local regulations are ultra vires, but preemption typically will be a stronger basis for challenging the ordinances. Preemption is a legal doctrine that laws from one level of government preempt and thereby render unenforceable certain laws from another level of government. For example, federal law might preempt state and local laws. Further, state law may preempt local law. In both cases, courts and commentators often refer to three types of preemption—express, implied, and field. This Article explores the motivations for opposition to CCS, the types of local regulations that may be used in an attempt to regulate CCS at the local level, and the potential legal challenges to such local regulation.

DOI

10.59643/1942-9916.1508

Rights

Copyright © 2023 by the WYOMING LAW REVIEW unless otherwise noted. Except as otherwise provided, copies of any article may be made for classroom use, provided that: (1) Copies are distributed at or below cost; (2) The author and the journal are identified; (3) Proper notice of copyright is affixed to each copy, and (4) The WYOMING LAW REVIEW is notified of the use.

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