Developing Regulatory Framework For Offshore CCS Projects

Carbon capture storage (CCS) projects aim to capture carbon dioxide from the atmosphere or directly from point sources (e.g., industrial processes) and store it permanently in deep underground geologic formations. As the push for CCS continues to gain momentum, regulators and industry alike are developing an interest in offshore options for it.

Federal waters. Under the Outer Continental Shelf Lands Act (OCSLA), as amended in 2021 by the Infrastructure Investment and Jobs Act (IIJA), the Department of the Interior is authorized to "grant a lease, easement, or right-of-way on the" Outer Continental Shelf (that is, submerged lands within US jurisdiction) for activities that, inter alia, "provide for, support, or are directly related to the injection of a carbon dioxide stream into sub-seabed geologic formations for the purpose of long-term carbon sequestration." The Bureau of Ocean Energy Management (BOEM) and the Bureau of Safety and Environmental Enforcement (BSEE)