Environmental Law and CCS in Europe and the Netherlands; The Implications of Chapter 7 of Directive 2009/31

Abstract

Carbon Dioxide Capture and Storage (CCS) is increasingly seen as a necessary climate change mitigation option and is therefore steadily rising up the political agenda in Europe and the Netherlands. However, the current legal and administrative position in relation to CCS is at some points unclear and some existing laws and regulations may need to be adjusted for a wide application of CO2 storage projects. This contribution focuses on the environmental regulatory framework. CCS is not just an appealing climate change mitigation option, but can have potentially negative effects for the environment as well. Recent amendments to key international legal regimes - like the London Dumping Convention and the OSPAR treaty - and a proposed European legislative framework on CCS will have significant effects on national environmental law. As the use of CCS is relatively new, the first question of this contribution is to assess which environmental law standards apply and what changes could be envisaged. In light of the proposed European legislative framework and the proposed changes to national environmental law, we will try to look at the future role of environmental law in relation to CCS.