But that doesn’t seem to be happening that way. An example of companies utilizing new technology, rather than legacy technology, can be seen throughout Silicon Valley. It’s been the model in many new technologies. They would largely be carbon capture companies exclusively, and that would be the model. One would think that the publicly traded model would be the best one, that you would essentially have a public offering, have these companies traded on the stock exchange. Is there a health risk in using carbon capture? And on a larger scale, are there insurance products that can mitigate the risk for entrepreneurs who are moving into this area? Are insurance companies keeping up with this technology? Are they creating the means of insuring companies that are engaging in a technology that is virtually unheard of among the public and for which the insurance companies simply may not have caught up?Īre there legal business models that might apply to market this technology? Can we be sure that it’s not going to create a problem by burying all those inert bricks, in terms of the water table, in terms of them decomposing in the earth and so forth? Number one, if you’re burying these inert bricks that have greenhouse gases saturated within them, isn’t that creating (ironically) a toxic waste dump? In other words, aren’t there federal, state and local laws and regulations that would prevent that? And even if you could find a way of getting around that through some sort of waivers, nevertheless, these are technologies that are supposed to help the environment. Because from a lawyer’s perspective, from what our firm is seeing in terms of this issue, it raises some very basic questions for which there’s no ready answer. The Legal Challenges of Carbon Capture Technology The idea of that is terrific and it just may be the solution to do those two things at once. So the next phase of this has got to be to augment what those clients are doing with an aggressive initiative to pull the carbon out of the atmosphere, to literally capture it, render it into an inert state, and put it in a place where it will not become a greenhouse gas, such as burying it, so it will not decompose and become a greenhouse gas. They’re very, very helpful to the problem. Well, what we’re finding is that the typical model of a company getting involved in green technology-everything from electric cars to ways of disposing of solid waste that is environmentally friendly-all those things are excellent. So Gary, can you tell us why the law firm is seeking to work with clients who are using carbon capture technology to address the climate change problem, and what are some of the legal issues raised by carbon capture and negative emissions technology? We are here today with Gary Nissenbaum, the managing attorney of the Nissenbaum Law Group.
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