Carbon Capture and Storage: Emerging Legal and Regulatory Issues

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