State Authority to Regulate Ocean Alkalinity Enhancement

This paper provides a detailed examination of the regulatory landscape surrounding Ocean Alkalinity Enhancement (“OAE”), a form of marine carbon dioxide removal (“CDR”) that seeks to mitigate climate change. The paper explores the domestic (U.S.) regulation of two of the most commonly discussed approaches to OAE: a mineral based approach and an electrolytic approach. While no federal laws specifically mention OAE, the practice might be subject to various pollution control and other federal statutes and regulations. One key question is the extent to which federal law preempts state regulation of OAE. This paper aims to answer that question by reviewing three key federal laws: the Marine Protection, Research, and Sanctuaries Act, the Clean Water Act and the Rivers and Harbors Act. The potential for state regulation depends on what federal law is applicable, which in turn, depends on the nature of the OAE activity in question.