Lawmakers in Ohio and West Virginia have introduced bills aimed at regulating the underground storage of carbon dioxide (CO2), a technology that has the potential to mitigate emissions from industrial sources.
The West Virginia Senate has passed SB 627, which allows the state Division of Natural Resources (DNR) to lease underground pore spaces beneath state parks for carbon storage.
The bill builds on previous legislation that permitted similar leases under state forests and wildlife management areas.
While the latest version of SB 627 prohibits surface disturbances in state parks for drilling or injection activities, concerns remain about the safety of underground carbon storage, with state geologists acknowledging that containment systems “are not perfect.”
Relevant: West Virginia Makes Progress With Carbon Storage Permits
In Ohio, two identical carbon capture and storage (CCS) bills—H.B. 170 and S.B. 136—have been introduced in both the House and Senate.
If enacted, the new legislation would place oversight authority with the Ohio Department of Natural Resources, which hopes to secure federal approval from the Environmental Protection Agency (EPA) to manage Class VI carbon injection wells.
These bills define underground “pore space” as a property interest and establish a regulatory framework for CCS projects, including well closure procedures, liability protections, and requirements for seismic monitoring.
The legislation allows landowners to lease their pore space for carbon storage, while also permitting the consolidation of pore space owners if 75% consent to a project.
Both states are seeking to position themselves as leaders in carbon sequestration, a technology that could support industrial decarbonization efforts.
However, environmentalists and some lawmakers continue to question its long-term viability and potential risks, particularly concerning carbon leakage and regulatory oversight.
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