In December 2023, the U.S. Forest Service proposed to exempt carbon capture and storage from their policy to prohibit perpetual and exclusive use of forest system lands. This Rule change would allow the federal government to lease our national forests for the permanent storage of liquid CO2 in subsurface pore spaces.
Like other Biden era federal agency proposals, it failed to provide adequate notice to stakeholders (national forest host communities and residents), lacked opportunity for collaboration by local governments, and had a short comment period.
The AFA submitted a comment letter on January 2, 2024, opposing this Rule change based on:
- Environmental and human risks associated with CO2 storage using injection wells which would require preparation of an environmental assessment or environmental impact statement
- The limits of subsurface capacity and suitability to contain the volumes of CO2 proposed to be sequestered now and in the future
- Legal issues relating to private property encroachment and damages liability
- Disproportionately high and adverse impacts on the health and economies of low income rural populations
- Inadequate notice and opportunity for minority and low-income populations to participate in the comment opportunity
- Dangers to the ecosystem (plants, animals, groundwater, soil, and humans) posed by potential leakage of concentrated CO2 from its subsurface storage
- The unproven technology and permanent maintenance and monitoring needed by the storage wells
Finalization of this Rule has been extended to September 2025 by the USFS, pending their review and response to the thousands of comments received on the proposal.
However, the USFS listed a new proposed Rule in its Fall 2024 Unified Agenda titled “Climate Resilience and Carbon Stewardship on National Forest System Lands” , planned for publication in March 2025. It calls for carbon stewardship “through land-use and vegetation management strategies”. Full text of the Rule is not yet available, but the title leads us to believe this may resemble a combination of the old-growth and CO2 storage rules.
Combined with the new Administration’s intent to remove climate change ideology from federal government policies, we are very optimistic these rules will be withdrawn.
We are watching for more on this and other threats to our national forest lands and communities, and will continue to fight such proposals. Stand with us in these efforts, and support our work by becoming a member today.