Carbon Capture and Storage: Emerging Legal and Regulatory Issues

Carbon Capture and Storage is increasingly viewed as one of the most significant ways of dealing with green house gas emissions. Critical to realising its potential will be the design of effective legal regimes at national and international level that can handle effectively 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. With the first demonstration plants on the horizon, the last few years have already seen some remarkable legal developments, particularly in Australia, the European Union, and the United States. This important book brings together some of the world's leading practitioners and scholars working in the field to provide a critical assessment of progress to date. Chapters cover developments in international law, as well as the European Union, North America, and Australia, with perspectives from China and India. Finance and questions of public perception and participation receive particular attention. Throughout the study, authors consider significant trends, critically evaluate progress to date, and identify key legal gaps and obstacles that still need to be addressed. Carbon Capture and Storage will be essential reading for lawyers, policy-makers, and decision-makers in industry involved in climate change policy and law.

Table of Contents:
Introduction Ian Havercroft, Richard Macrory and Richard Stewart Part One: The Scientific and Technical Context 1. Geological Factors in Framing Legislation to Enable and Regulate Storage of Carbon Dioxide Deep in the Ground Stuart Haszeldine 2. Carbon Capture and Storage-An Equipment Manufacturer's Perspective Norman Shilling Part Two: Regulating the Capture of CO2 3. The Legal Framework for Carbon Capture and Storage in Canada Henry J Krupa 4. Legal and Regulatory Challenges of Geological Carbon Capture and Sequestration: US Hurdles to Reducing CO2 Emissions Les LoBaugh 5. Treatment of CCS under GHG Regulatory Programmes Robert R Nordhaus 6. The CCS Directive, its Implementation and the Co-financing of CCS and RES Demonstration Projects under the Emissions Trading System (NER 300 Process) Martina Doppelhammer Part Three: Transportation of CO2-Legal Considerations 7. CO2 Transportation in the European Union: Can the Regulation of CO2 Pipelines benefit from the Experiences of the Energy Sector? Martha M Roggenkamp and Avelien Haan-Kamminga 8. Transboundary Chains for Carbon Capture and Storage: Allocation under the Climate Regime between the States Parties of Emissions due to Leakage Hans Christian Bugge 9. CO2 Transportation and Regulation, CCS, and EOR in the United States Lawrence J Wolfe Part Four: Long-term Storage of CO2 and the Law 10. Legal Developments for Carbon Capture and Storage under International and Regional Marine Legislation Chiara Armeni 11. The Regulation of Geological Storage of Greenhouse Gases in Australia Meredith Gibbs 12. Long-term Liability for CCS: Some Thoughts about Specific Risks, Multiple Regimes and the EU Directive Chris Clarke 13. Obstacles to Regulation of Carbon Capture and Sequestration by US States: Can They be Overcome? J Jared Snyder Part Five: CCS and Emerging Economies 14. India and Climate Change: Contextualising India's Approach to CCS Technology Lavanya Rajamani 15. China's Emerging Regulatory Framework for Safe and Effective CCS, 2011–15 Qiuyan Zhao 16. Accessing Carbon Finance for CCS Projects in Emerging and Developing Economies Paul Zakkour Part Six: Public Perception and Participation 17. Enabling the Social Shaping of CCS Technology Peta Ashworth and Craig Cormick 18. Regulatory Requirements for Public Engagement around Carbon Dioxide Capture and Storage Demonstrations Sarah M Forbes, Francisco Almendra, Micah S Ziegler and Ruth Greenspan Bell 19. Public Participation in UK CCS Planning and Consent Procedures Meyric Lewis and Ned Westaway Pulling the Threads Together Ian Havercroft and Richard Macrory

About the Author :
Ian Havercroft is a barrister, and a Visiting Researcher at the Faculty of Laws, University College London. Between 2007 and 2010 he was the senior research fellow with the UCL Carbon Capture Legal Programme, and in 2011 joined the Global Carbon Capture Storage Institute in Canberra, Australia where he is the senior legal advisor within the Policy, Legal and Regulatory team. Richard Macrory is a barrister, and Professor of Environmental Law at University College, London where he is director of the Centre for Law and the Environment and the UCL Carbon Capture Legal Programme Richard Stewart is the John Edward Sexton Professor of Law at NYU University, New York where he is also director of the Centre for Environmental and Land Use Law.

Review :
...this is a valuable volume containing many important contributions. It should be read by all those interested in or engaged by the need to develop and implement legal and regulatory approaches to CCS. -- Nigel Bankes The Yearbook of Polar Law IV ...this volume offers a focused, well-organised overview of the main legal and policy-related issues that confront those seeking a successful future deployment of CCS in the fight against climate change. Making due allowances for differential applications that will inevitably arise in cross-jurisdictional projects such as this, the editors have brought together a coherent collection of considerable merit. In a field of law where there is still a relative paucity of scholarly analysis, this volume is to be welcomed. -- Mark Stallworthy Journal of Environmental Law, 24:3 ...the book presents a comprehensive reference resource on the current state of research and development of legal and regulatory issues related to CCS...The book is highly recommended for a range of readers; including lawyers, policy-makers and decision-makers in industry involved in climate change policy and law. -- S. Bouzalakos Oil, Gas & Energy Law Intelligence, Volume 10 - Issue 5 ...a comprehensive analysis of numerous topical aspects of CCS regulation...the breadth of the contributions together with the sharp analysis of thought provoking qualities of several chapters make the book a rewarding read. -- David Langlet Carbon and Climate Law Review, Volume 2 The editors of the book under review have compiled a comprehensive work which covers most aspects of CCS, ranging from its scientific and technical framework to the regulatory regime for CCS in general; and from the transportation and underground storage of CO2 to the status of CCS in emerging economies and its public perception. Aside from this compelling coverage, all chapters have been written by experts and decision-makers in the field of CCS, who, through their practical experience, are able to provide insights into details that can make a decisive difference to any practitioner. The collection is highly valuable not only for those who are already involved in CCS and the business side of climate change, but also for those who are interested in gaining a first overview. It provides a comprehensive account of the topics that still need to be debated and resolved on the way to implementing CCS, as well as the status of CCS in several countries, including emerging economies. It also conveys the practical knowledge and experience of people who are closely involved in the development and implementation of the technology, and as such it offers enough depth and detail to be a useful guide to CCS practitioners. -- Dr Maximilian Uibeleisen, L.L.M. Climate Law ...an insightful addition to the global dialogue on establishing effective national and international regimes for the implementation of CCS projects. This book comprises a interesting and diverse collection of multi-disciplinary and multi-jurisdictional perspectives on the legal and regulatory issues surrounding CCS projects. The publishers urge that this book is essential reading for all lawyers, policy-makers and decision-makers involved in climate change policy law; I strongly concur. -- Dr Nicola Swayne Environmental Liability, Volume 19, Issue 5