Carbon Capture and Sequestration is a hot topic in discussions about achieving net-zero carbon emissions. But CO2 releases during the transport stage pose serious risks to life and property, as was apparent during recent disasters in Satartia, Mississippi and Sulphur, Louisiana. Nevertheless, contemporary laws and regulations at the state and federal levels leave significant gaps in safety requirements for CO2 pipeline operators. Recent legal developments have attempted to close these gaps, but fully eliminating them is not a realistic goal. Therefore, given the risks and fundamental inadequacy of regulation, a backstop is necessary to ensure that any potential victims can recover in case of injury.
In Illinois, a potential solution can be found in the legal protections that exist for people living near the final destination of CO2 transported for environmental purposes—underground sequestration sites. The Illinois legislature has required that sequestration site operators to maintain insurance coverage to ensure potential victims living nearby can recover damages caused by a disaster. Similar requirements for pipeline operators would likewise help protect people living near the pipelines leading to those sequestration sites. Therefore, this Note argues that the Illinois legislature should extend those protections.
* J.D. Candidate, 2026, University of Illinois College of Law; B.A. (Hons), 2022, The University of Manchester. Many thanks to the staff, editors, and members of the University of Illinois Law Review for their hard work in preparing this Note for publication. This Note is dedicated to the victims of CO2-related disasters in Satartia and elsewhere, and to those living under the shadow of another.
The full text of this Note is available to download as a PDF.