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Copyright © 2018 Environmental Law Institute®, Washington, DC. Reprinted with permission from ELR®, http://www.eli.org, 1-800-433-5120. 5-2018 NEWS & ANALYSIS 48 ELR 10419 2009 caused the German federal government to order the researchers to halt their work until it could conduct fur- ther environmental reviews and assessment.47 A similar release of 120 tons of iron sulfate in 2012 by the Haida Salmon Corporation off the coasts of British Columbia led to a civil investigation by the Canadian government into whether the deployment violated Canadian or inter- national law.48 Despite the controversy and legal difficulties triggered by these earlier attempts, the Oceanus Marine Research Foundation announced in 2017 that it intends to obtain permits from the Chilean government for a release of up to 10 tons of iron off the Chilean coast in 2018. While this release purportedly would seek to enhance Chile’s fish- eries, the experiment has already triggered strong objec- tions because of its shared characteristics with earlier OIF releases tied to climate engineering research.49 In addition to OIF, NETs can use marine waters to remove ambient CO2 through other means. For example, CO2 removal may more readily take place from marine waters because seawater contains CO2 in concentrations more than 100 times the levels in ambient air. As a result, this approach might yield substantial cost efficiencies.50 It also promises to reduce ocean acidification, which other deep decarbonization techniques leave largely unaddressed (other than slow re-equalization after decarbonizing cur- rent emissions).51 Once the treated low-CO2 waters are returned to the ocean, they could theoretically absorb additional ambient CO2; those returned waters could then be withdrawn again for repeated treatment in a cycle of continuous CO2 removal. In general, however, seawater capture research is at a much earlier stage than DAC from land-based facilities.52 It might also raise concerns about its effect on the chemical composition of seawater as well as its impact on marine biochemistry and ecosystems (especially if the system is deployed on a large scale), and its actual cost-effectiveness remains unknown.53 47. Id. at 863. 48. Holly Jean Buck, Village Science Meets Global Discourse: The Haida Salmon (Case Study), in Geoengineering Our Climate 4 (2014) (including the execution of a search warrant at the experimenter’s offices), http://wp.me/p2zsRk-9M. 49. Tollefson, supra note 44, at 394. Because the proposed project would take place in Chilean waters and constitute a small-scale research project, Ocea- nus alleges that the release would satisfy the research framework set out under annexes to the London Protocol. Id.; see also discussion of London Protocol annexes . 50. See, e.g., Charles-François de Lannoy et al., - , 70 Int’l J. Greenhouse Gas Control 243-53 (2017), https://doi.org/10.1016/j. ijggc.2017.10.007; Matthew D. Eisaman et al., Extraction From Seawa- , 5 Energy & Envtl. Sci. 7346, 7352 (2012). 51. Elias Y. Feng et al., , 5 Earth’s Future 1252-66 (2017), avail- able at https://doi.org/10.1002/2017EF000659. 52. NAS Report, supra note 11, at 62 box 3.3. 53. Id. C. Accelerated Weathering and Enhanced Mineral Uptake In addition to direct mechanical removal of CO2 from ambient air and marine waters, researchers are exploring the option of removing CO2 from ambient air indirectly through enhancement of the natural process of weather- ing minerals. For example, the accelerated weathering of olivine—a common mineral easily accessible in the earth’s crust, including in large basalt formations created by lava flows that comprise most of the ocean floor—can lead to substantial uptakes of CO2 from ambient air for relatively low cost within a short time frame. This approach would require the spreading of ground olivine in a thin layer on land, water, or an intertidal area, and then maximizing the particle surface’s exposure to ambient air or seawater. As the olivine or mineral matrix interacts with the CO2-laden medium, it absorbs the CO2 and releases low amounts of heat. The resulting mineral matrix sequesters the CO2 in an inert form that can be effectively managed, stored, or disposed of. Once sequestered in this mineral form, the captured CO2 is effectively entrained permanently and will not be released back into the atmosphere.54 This approach can also be used with the injection of CO2 into subsurface basalt formations as well as the dispersal of finely ground olivine minerals onto marine waters.55 This technology promises to cheaply and effectively store large amounts of CO2 with off-the-shelf tools and tech- niques. It poses several difficult concerns, however. The proposed use of enhanced weathering usually requires the dispersal of finely ground particulate minerals over a large surface area, and the best results will likely occur if the par- ticles are agitated to increase the exposure of the particles to ambient air or seawater. As a result, this approach would likely demand large areas of land, or the direct addition of particulate minerals to marine tidal waters.56 Both of these requirements would raise questions about the impact of broad dispersal of minerals on local ecosystems, and the energy required to grind the minerals to particles may gen- erate CO2 emissions in amounts that significantly offset the CO2 that the weathering would sequester.57 It should be noted, however, that recent attempts to sequester con- centrated streams of CO2 by injecting them into in situ 54. Most analyses of accelerated weathering or mineral capture of CO2 focus on the rate of uptake of CO2 by the minerals. As a result, they typically note that mineral capture results in the permanent, or near permanent, seques- tration of CO2 from the atmosphere. Id. at 40-41; Jürg M. Matter & Peter B. Kelemen, by Mineral Carbonation, 2 Nature Geoscience 837-41 (2009); David S. Goldberg et al., Carbon Dioxide Sequestration in Deep-Sea Basalt, 105 Proc. Nat’l Acad. Sci. 9920 (2008). See also Greg H. Rau et al., Direct Electrolytic H , 110 Proc. Nat’l Acad. Sci. 10095 (2013). 55. NAS Report, supra note 11, at 42-47. See also Matter & Kelemen, supra note 54, at 838; Goldberg et al., supra note 54, at 9920-21; B. Peter Mc- Grail, , 111 J. Geophysical Res. 11-12 (2006). 56. Jasper Griffioen, , 575 Sci. Total Env’t 536- 44 (2017). 57. NAS Report, supra note 11, at 46-47.PDF Image | NET Legal Pathways
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