Real Estate & Property Law

Kentucky CO2 Bill

By Alan Ackerman

The Daily Independent

House Bill 213 is an effort to turn the most environmentally damaging aspect of coal production — the releasing of carbon dioxide (CO2) into the atmosphere — into a positive by helping to create a new, environmentally sound use for it.

By capturing CO2 and storing it underground, Kentucky can continue to mine coal, but in a cleaner, more environmentally friendly fashion, said Adkins.

Kentucky already allows the use of eminent domain for natural gas, oil and similar pipelines owned and consturcted by private industry. HB 213 is a logical extension of that power to include pipelines carrying cabon dioxide. Other than during their construction, pipelines cause little or no damage to private property.
    
The linked Daily Independent article covers the basis for the Kentucky House Bill, as well as what CO2 capture and underground storage is intended to do.  The very pro-pipeline article, whether intentional or not, assumes that the project construction is the only short term damage.  This may or may not be true.  However, the real issue is whether proper regulation of the pipeline company exists and whether the permitting process by the State protects the community.
 

Full post as published by National Eminent Domain Blog on February 25, 2010 (boomark / email).