State Legislative and Regulatory Action

Marston Law

218 N. Lee Street - Suite 300 - Alexandria, VA 22314

Phone: 703-548-0154

Send an email to Philip Marston

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Interstate Oil and Gas Compact Commission Summary of State Action on Legal and Regulatory Framework for CCS

For a spreadsheet summary of legal and regulatory developments for CO2 storage in individual States and Provinces, see:



For a review of current state legislative action addressing carbon capture and storage issues, see Derrick W. Eugene State CCS Progress Well in Front of Federal.


· Texas

· Senate Bill 1387  was passed in April of 2009, providing “a needed state-level regulatory framework for the storage and sequestration of CO2.”  The Texas Carbon Capture and Storage Association provides an executive summary of the bill as well as other CCS Legislation.

· Executive Summary by the TxCCSA

· The complete bill

· The Texas Carbon Capture and Storage Association Homepage


· Wyoming

· 2009 Session

· Wyoming has clarified the potential impact on property rights from last year’s bills referenced below.  The new statues make it clear that the law preserves and protects preexisting mineral interests.  In addition, HB 80 creates a unitization mechanism for the creation of CO2 storage units.  HB 80 is believed to be the first and only such statute in the United States.

· House Bill 80

· House Bill 57

· House Bill 58

· 2008 Session

· House Bill 89 (2008):

· House Bill 90 regarding carbon capture and sequestration:

· Oklahoma

·  “The Geologic Storage of Carbon Dioxide Act”, Enrolled Senate Bill No. 1765, 2nd Session of the 51st Legislature (Okla. 2008). 2008 O.S.L. 386 (effective January 1, 2009).

· North Dakota

· New Mexico

· Kansas

· California

· Mississippi

· Louisiana

· Illinois