Carbon Capture and Storage: Emerging Legal and Regulatory Issues

Description

Carbon Capture and Storage (CCS) is increasingly viewed as one of the most significant ways of dealing with greenhouse gas emissions. Critical to realising its potential will be the design of effective legal regimes at national and international level that can handle the challenges raised but without stifling a new technology of potential great public benefit. These include: long-term liability for storage; regulation of transport; the treatment of stored carbon under emissions trading regimes; issues of property ownership; and, increasingly, the sensitivities of handling the public engagement and perception. Following its publication in 2011, Carbon Capture and Storage quickly became required reading for all those interested in, or engaged by, the need to implement regulatory approaches to CCS. The intervening years have seen significant developments globally. Earlier legislative models are now in force, providing important lessons for future legal design. Despite these developments, the growth of the technology has been slower in some jurisdictions than others. This timely new edition will update and critically assess these updates and provide context for the development of CCS in 2018 and beyond. Contents Contributors’
Biographies List of Abbreviations Table of Cases Table of Legislation Introduction 1.
Geological Factors for Legislation to Enable and Regulate Storage of Carbon Dioxide in the Deep Subsurface I. Introduction II. Outline of CCS, Similarities to and Differences from Established Subsurface Industries III. Concepts of Subsurface Zoning IV. Concepts of Injection and Storage V. Guidance on Storage Sites and Monitoring Zones VI. CO2
Injection VII. Enhanced Oil Recovery VIII. Storage Liability IX. Progress and Outlook for CCS and Paris 2015 X. Summary 2.
Implementation of the Directive on the Geological Storage of Carbon Dioxide I. Introduction II. Details of the EU Legislation III. Beyond the Legislation IV. Conclusions 3.
The CCS Directive: Did it Stifle the Technology in Europe? I. Introduction II. The Legislative History, The Public Debate and Collingridge—What a Dilemma III. Risk Management and the CCS Directive IV. Conclusion 4.
Germany: A Country without CCS I. Obligation to Allow CO2 Storage? II. Limitation to Pilot Projects III. The Elaboration of the CO2 Storage Act of 2012 IV. The German Act and the Land Legislation V. The Actual Situation and Discussion of CCS in Germany VI. Reasons for the German Rejection of CCS Technology VII. Concluding Remarks 5.
Public Participation in UK CCS Planning and Consent Procedures I. Introduction II. CCS in the UK Planning Regime III. Public Participation and National Policy Statements IV. Public Participation at the Application and Project Stages V. Conclusion 6.
CCS in the US Climate Change Policy Context I. Introduction II. CCS/U Technologies III. The Current Climate Policy Context and CCS/U IV. The Future Climate Policy Context and CCS/U V. Conclusion 7.
Confronting the Bleak Economics of CCS in the United States I. The Economics of Low-Carbon Electricity II. Current and Future US Policies for Promoting CCS III. Conclusion 8.
Gaining Economic Credit for CCS in the United States I. Introduction II. National Level Credit III. State and Regional Credits IV. Voluntary Carbon Credit Market V. Conclusion 9.
The Legal Framework for Carbon Capture and Storage in Canada I. Authority—Canada’s Constitutional Structure II. The Regulation of GHG Emissions III. Geophysical Survey and GHG Emissions Sources IV. Subsurface Property Rights V. The Regulatory Framework VI. The Liability Framework VII. Conclusions 10.
Pore Space Ownership in Western Canada I. The Common Law Rules II. Alberta III. British Columbia IV. Saskatchewan V. Conclusions 11.
The Regulation of Underground Storage of Greenhouse Gases in Australia I. Introduction II. Overview of Australia’s GHG Storage Legislation III. Long-term Liability IV. Conclusion 12.
Tenure, Title and Property in Geological Storage of Greenhouse Gas in Australia I. Introduction II. Land Tenure III. Title IV. Property V. Conclusion 13.
Transportation of Carbon Dioxide in the European Union: Some Legal Issues I. Introduction II. Transporting CO2 Via Pipelines III. Transport of CO2 by Ship IV. Cross-border Transportation of CO2 Offshore V. Trans-European Networks VI. Conclusion 14.
Regulation of Carbon Dioxide Pipelines: The US Experience and a View to the Future I. Introduction: A Word of Context II. CO2-based Enhanced Oil Recovery and the role of CO2 Pipelines III. The Current Regulatory Framework for CO2 Pipelines in the United States IV. Related Issues: Pipeline Standards; Control of Product Specifications; and Capacity Allocation V. Conclusion 15.
Long-Term Liability and CCS I. The Challenge II. Emergence of the CCS-Specific Regime III. Constraints and Challenges IV. Conclusions and the Way Forward 16.
Carbon Capture and Storage: Commercial Arrangements for Managing Liability Risks I. Introduction: the Complexities of CCS and the Many Links in the CCS Chain II. Key Roles and Risks in a CCS Project III. Categories of Risks/Liabilities Associated with a CCS Project, and How Legal Liability Risks May Arise in Practice IV. Mechanisms for Apportioning Liability Risks V. Incentivising CCS—Liability Considerations 17.
No Visible Means of Legal Support: China’s CCS Regime I. Introduction: Whither Law? II. Environmental Law in China III. Carbon Capture and Storage and China IV. The Problem of Law and the Environment in China V. Conclusion Pulling the Threads Together I. The Context of Legal Development II. Emergence of CCS-Specific Legislation III. Future Perspectives for Regulation Index