Carbon Capture and Storage

Emerging Legal and Regulatory Issues

Ian Havercroft, Richard Macrory Hon KC, Richard Stewart

• Publisher: Hart Publishing
• Year: 2018
• Print ISBN:
  9781509939497
• Edition: 1
• eBook ISBN:
  9781509909612
• Topic: Law
• Subtopic: Environmental Law
• Index: Law

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.

Table of contents

• 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
• 2. Implementation of the Directive on the Geological Storage of Carbon Dioxide
• 3. The CCS Directive: Did it Stifle the Technology in Europe?
• 4. Germany: A Country without CCS
• 5. Public Participation in UK CCS Planning and Consent Procedures
• 6. CCS in the US Climate Change Policy Context
• 7. Confronting the Bleak Economics of CCS in the United States
• 8. Gaining Economic Credit for CCS in the United States
• 9. The Legal Framework for Carbon Capture and Storage in Canada
• 10. Pore Space Ownership in Western Canada
• 11. The Regulation of Underground Storage of Greenhouse Gases in Australia
• 12. Tenure, Title and Property in Geological Storage of Greenhouse Gas in Australia
• 13. Transportation of Carbon Dioxide in the European Union: Some Legal Issues
• 14. Regulation of Carbon Dioxide Pipelines: The US Experience and a View to the Future
• 15. Long-Term Liability and CCS
• 16. Carbon Capture and Storage: Commercial Arrangements for Managing Liability Risks
• 17. No Visible Means of Legal Support: China’s CCS Regime
• Pulling the Threads Together
• Index