Document Type

Paper

Publication Date

5-2026

Abstract

This paper, the second in a series of two, focuses on the U.S. legal framework for the marine carbon dioxide removal (mCDR) approach of direct ocean carbon capture and storage (DOCCS). The first explores DOCCS governance under international law and is available here: https://scholarship.law.columbia.edu/sabin_climate_change/271/.

DOCCS aims to remove some of the carbon currently stored in the ocean and thereby enable it to uptake additional carbon dioxide from the atmosphere. DOCCS is still undergoing research, but early studies suggest it could have significant carbon dioxide removal potential. However, DOCCS could also present environmental and other risks, including from the construction of new facilities, the intake and processing of water, and the handling and storage of carbon dioxide. Careful siting, design, and operation of DOCCS systems is essential to mitigate these risks.

The risks associated with DOCCS highlight the need for effective governance to ensure research and any future deployment proceeds in a safe, responsible, and just way. Together, the two papers offer the first comprehensive review of the existing legal framework for DOCCS and begin to identify key uncertainties, gaps, and shortcomings that will need to be addressed to ensure robust governance of the practice.

Disciplines

Environmental Law | Law | Water Law

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