Illinois has recently stepped into the spotlight for enacting one of the nation’s strictest laws concerning carbon dioxide pipelines and sequestration. Known as the SAFE Act or SB 1289, the law institutes a rigorous permitting process once a moratorium is lifted. However, it’s not without its critics.
The law has drawn significant criticism for its perceived lack of provisions to limit the use of eminent domain for carbon pipelines. Additionally, critics argue that it offers insufficient protection for landowners. A particular point of contention is the provision that allows sequestration if 75% of affected landowners agree. Critics argue this infringes on the rights of the remaining 25% who may oppose the project. The law does, however, impose a two-year moratorium on new carbon dioxide pipelines until federal regulations are adopted. Although, companies can initiate the application process beforehand.
Despite the criticism, the SAFE Act does include several benefits. It mandates a public engagement process, which is intended to increase transparency and community involvement. It also requires companies to contribute to an emergency response fund. This provides additional safeguards against potential risks and helps to mitigate any potential harm. Further, it includes safeguards against increased air pollution, attempting to strike a balance between environmental conservation and industrial progress.
The legislation also includes mandates to limit emissions from polluting facilities, a requirement for enhanced emergency planning, and a ban on using captured carbon for enhanced oil recovery. These measures are intended to ensure that the progress in carbon capture and sequestration doesn’t come at the cost of increased pollution or other environmental risks.
Illinois is considered a suitable location for carbon capture and sequestration projects due to its flat landscape and ideal geology for safe carbon storage. This makes it an attractive proposition for companies looking to invest in this area. However, critics argue that the bill doesn’t provide sufficient protection for landowners in these areas. They also argue that it doesn’t ban projects that could affect sole-source aquifers, which are pivotal for supplying drinking water.
While the SAFE Act or SB 1289 of Illinois is a step forward in the regulation of carbon dioxide pipelines and sequestration, it has attracted its share of criticism. Its perceived lack of protection for landowners and potential risk to water resources are significant concerns that need to be addressed as the law is implemented and potentially revised in the future.
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