Ownership, risk and the law for a CO<inf>2</inf>transport network for carbon capture and storage in the European Union
Volume
36
Pagination
433 - 462
Publisher
Publisher URL
DOI
10.1080/02646811.2018.1442215
Journal
Journal of Energy and Natural Resources Law
Issue
ISSN
0264-6811
Metadata
Show full item recordAbstract
The transboundary transportation of carbon dioxide (CO2) gives rise to international legal issues not faced in other standalone carbon capture and storage (CCS) projects or domestic projects. While the European Union CCS Directive establishes a framework for CCS, it does not address specifically the issue of transboundary transportation. This will require participating Member States to agree a statutory framework for CO2transport, which addresses issues at the international, national and local levels of law. This paper considers several key issues for developing and resolving legal issues around ownership and risk for CO2transportation, an area with limited research literature to date. The legal challenges are examined using a ‘pilot’ project to explore and highlight specific examples. The research draws from a series of CCS industry stakeholder meetings and analysis was developed through interdisciplinary perspectives. In addition, the potential partnership arrangements are explored from a law and policy perspective with an examination of the key issues for these partnerships for Member States. Finally, this research presents a timeline for a legal strategy on resolving the issues for risk and ownership for CO2transport.