Legal Aspects of Carbon Capture and Storage

Abstract

Abstract Carbon capture and storage (CCS) is one of a number of potential technological options to reduce anthropogenic emissions of carbon dioxide. The literature generally identifies up to four different phases in any CCS project: (1) capture, (2) transport (to the injection well), (3) injection, and (4) post-closure. This chapter sketches the key features of each of the four stages of CCS, but focuses on stages 3 and 4 in the context of onshore CCS projects. It identifies and discusses some of the key legal issues associated with these two phases of the CCS cycle, which have been grouped as a set of property issues, regulatory issues, and liability issues. Much of the analysis is premised on the assumption that we can learn a great deal from analogous operations including natural gas storage, enhanced oil recovery, acid gas disposal schemes, and deep-well waste injection. These developments are illustrated with examples from the European Union, North America (Canada and the United States), and Australia.