Carbon Capture and Storage: Emerging Legal and Regulatory Issues

Contents\nContributors’\rBiographies\nList of Abbreviations\nTable of Cases\nTable of Legislation\nIntroduction\n1.\rGeological Factors for Legislation to Enable and Regulate Storage of Carbon Dioxide in the Deep Subsurface\n	I. Introduction\n	II. Outline of CCS, Similarities to and Differences from Established Subsurface Industries\n	III. Concepts of Subsurface Zoning\n	IV. Concepts of Injection and Storage\n	V. Guidance on Storage Sites and Monitoring Zones\n	VI. CO2\r Injection\n	VII. Enhanced Oil Recovery\n	VIII. Storage Liability\n	IX. Progress and Outlook for CCS and Paris 2015\n	X. Summary\n2.\rImplementation of the Directive on the Geological Storage of Carbon Dioxide\n	I. Introduction\n	II. Details of the EU Legislation\n	III. Beyond the Legislation\n	IV. Conclusions\n3.\rThe CCS Directive: Did it Stifle the Technology in Europe?\n	I. Introduction\n	II. The Legislative History, The Public Debate and Collingridge—What a Dilemma\n	III. Risk Management and the CCS Directive\n	IV. Conclusion\n4.\rGermany: A Country without CCS\n	I. Obligation to Allow CO2 Storage?\n	II. Limitation to Pilot Projects\n	III. The Elaboration of the CO2 Storage Act of 2012\n	IV. The German Act and the Land Legislation\n	V. The Actual Situation and Discussion of CCS in Germany\n	VI. Reasons for the German Rejection of CCS Technology\n	VII. Concluding Remarks\n5.\rPublic Participation in UK CCS Planning and Consent Procedures\n	I. Introduction\n	II. CCS in the UK Planning Regime\n	III. Public Participation and National Policy Statements\n	IV. Public Participation at the Application and Project Stages\n	V. Conclusion\n6.\rCCS in the US Climate Change Policy Context\n	I. Introduction\n	II. CCS/U Technologies\n	III. The Current Climate Policy Context and CCS/U\n	IV. The Future Climate Policy Context and CCS/U\n	V. Conclusion\n7.\rConfronting the Bleak Economics of CCS in the United States\n	I. The Economics of Low-Carbon Electricity\n	II. Current and Future US Policies for Promoting CCS\n	III. Conclusion\n8.\rGaining Economic Credit for CCS in the United States\n	I. Introduction\n	II. National Level Credit\n	III. State and Regional Credits\n	IV. Voluntary Carbon Credit Market\n	V. Conclusion\n9.\rThe Legal Framework for Carbon Capture and Storage in Canada\n	I. Authority—Canada’s Constitutional Structure\n	II. The Regulation of GHG Emissions\n	III. Geophysical Survey and GHG Emissions Sources\n	IV. Subsurface Property Rights\n	V. The Regulatory Framework\n	VI. The Liability Framework\n	VII. Conclusions\n10.\rPore Space Ownership in Western Canada\n	I. The Common Law Rules\n	II. Alberta\n	III. British Columbia\n	IV. Saskatchewan\n	V. Conclusions\n11.\rThe Regulation of Underground Storage of Greenhouse Gases in Australia\n	I. Introduction\n	II. Overview of Australia’s GHG Storage Legislation\n	III. Long-term Liability\n	IV. Conclusion\n12.\rTenure, Title and Property in Geological Storage of Greenhouse Gas in Australia\n	I. Introduction\n	II. Land Tenure\n	III. Title\n	IV. Property\n	V. Conclusion\n13.\rTransportation of Carbon Dioxide in the European Union: Some Legal Issues\n	I. Introduction\n	II. Transporting CO2 Via Pipelines\n	III. Transport of CO2 by Ship\n	IV. Cross-border Transportation of CO2 Offshore\n	V. Trans-European Networks\n	VI. Conclusion\n14.\rRegulation of Carbon Dioxide Pipelines: The US Experience and a View to the Future\n	I. Introduction: A Word of Context\n	II. CO2-based Enhanced Oil Recovery and the role of CO2 Pipelines\n	III. The Current Regulatory Framework for CO2 Pipelines in the United States\n	IV. Related Issues: Pipeline Standards; Control of Product Specifications; and Capacity Allocation\n	V. Conclusion\n15.\rLong-Term Liability and CCS\n	I. The Challenge\n	II. Emergence of the CCS-Specific Regime\n	III. Constraints and Challenges\n	IV. Conclusions and the Way Forward\n16.\rCarbon Capture and Storage: Commercial Arrangements for Managing Liability Risks\n	I. Introduction: the Complexities of CCS and the Many Links in the CCS Chain\n	II. Key Roles and Risks in a CCS Project\n	III. Categories of Risks/Liabilities Associated with a CCS Project, and How Legal Liability Risks May Arise in Practice\n	IV. Mechanisms for Apportioning Liability Risks\n	V. Incentivising CCS—Liability Considerations\n17.\rNo Visible Means of Legal Support: China’s  CCS Regime\n	I. Introduction: Whither Law?\n	II. Environmental Law in China\n	III. Carbon Capture and Storage and China\n	IV. The Problem of Law and the Environment in China\n	V. Conclusion\nPulling the Threads Together\n	I. The Context of Legal Development\n	II. Emergence of CCS-Specific Legislation\n	III. Future Perspectives for Regulation\nIndex