Carbon dioxide removal (“CDR”) has become increasingly vital to prevent catastrophic climate change. Even with aggressive cuts to greenhouse gas emissions, atmospheric carbon dioxide concentrations will remain elevated for centuries, continuing to warm the planet and intensify climate impacts. By actively removing and storing carbon dioxide from the atmosphere, CDR can help close the gap between our current climate trajectory and the goals set by the Paris Agreement. The ocean, by virtue of its ability to naturally sequester atmospheric carbon dioxide, has become a focal point for CDR research.
The ocean already sequesters carbon dioxide through a natural geological process called weathering. Through this process, silicate rich rocks react with carbon dioxide in the presence of water, forming stable bicarbonate ions, some of which are washed into the ocean. In simple terms, the process takes carbon dioxide out of the atmosphere and stores it in the ocean. One form of CDR, coastal enhanced weathering (“CEW”), looks to accelerate the natural process by spreading finely ground alkaline rocks in the coastal zone, where the natural wave and tidal forces will catalyze weathering.
Research into CEW has accelerated in recent years. Vesta, a public benefit corporation, has conducted pilot projects in North Carolina and New York to assess the viability of CEW as a CDR approach. The non-profit research organization Woods Hole Oceanographic Institute has also conducted field research into CEW in Massachusetts. With its long coastline, the Bay State could be an ideal location for further CEW research– a fact noted in a recent study, which stated that “Massachusetts could be a leader in R&D and innovation” for CEW.
A new Sabin Center white paper, published online today, explores the legal framework for CEW research and potential future deployment in Massachusetts. As explained in the paper, there are no federal or state laws that apply directly to CEW in Massachusetts, but projects may be regulated under various water pollution control laws and other general environmental laws.
At the federal level, three water pollution control laws – the Marine Protection, Research and Sanctuaries Act (“MPRSA”), the Clean Water Act (“CWA”) and the Rivers and Harbors Act (“RHA”) – may apply to CEW projects. While permitting may vary for projects depending on how and where they are conducted, in general, projects performed at the beach (similar to beach nourishment projects) would likely be governed by the CWA and the RHA, while projects performed further offshore may be governed by the MPRSA.
At the state level, Massachusetts has passed laws aimed at protecting and preserving the coastline and coastal waters, which could apply specifically to CEW projects. For example, as CEW projects would affect coastal waters, they would require permits from the Massachusetts Department of Environmental Protection under the Public Waterfront Act and the Wetlands Protection Act. Both state and federal permits may also require environmental reviews and other checks before the permits can be obtained. CEW project proponents must therefore be cognizant of the permitting requirements, timelines and associated costs for any potential CEW project. The specific application of these laws, and the resulting permits required, differs depending on the project in question, as we discuss in greater detail in the paper.
This paper is the latest in a series exploring the role of U.S. states in regulation CDR activities. Other papers have explored the regulation of enhanced rock weathering in Minnesota, the regulation of ocean alkalinity enhancement in Washington State, the regulation of sargassum removal and sinking in Florida, and the regulation of seaweed cultivation and sinking in Alaska and California.
Read the report, “Regulation of Coastal Weathering in Massachusetts” here.
Ashwin Murthy
Ashwin Murthy is the Negative Emissions Fellow at the Sabin Center for Climate Change Law.
