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ARTICLE · 07 AUGUST 2024

Illinois Paves Way For Carbon Capture And Sequestration With SAFE CCS Act

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Illinois has established a comprehensive regulatory framework for the development of carbon capture and sequestration (CCS) projects.

United StatesEnvironment
Gabriel Salinas
Gabriel Salinas
Philip K. Lau
Philip K. Lau
Ryan Silverman
Ryan Silverman
Juan Pablo Tablada
Juan Pablo Tablada
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Illinois has established a comprehensive regulatory framework for the development of carbon capture and sequestration (CCS) projects. The state's legislature has passed Senate Bill 1289, also known as the SAFE CCS Act, which was signed into law on July 18, 2024. This groundbreaking legislation was the result of collaborative efforts among various stakeholders, including industry representatives, environmental groups, and labor organizations.

Key Features of the SAFE CCS Act

The SAFE CCS Act lays down a set of standard features essential for the regulation of CCS projects:

  • Pore Space Ownership: The act formalizes the ownership of pore space by the owner of the surface estate, explicitly prohibiting the severance of pore space from the surface estate. This measure ensures that the rights to use the subsurface for carbon storage are clear and not subject to dispute. 1

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