Legal liability and carbon capture and storage: a comparative perspective

1st October 2014

Topic(s): Carbon capture use and storage (CCUS), CO2 storage, Liability, Policy law and regulation

Legal liability issues remain critically important for the commercial development of carbon capture and storage (CCS). This co-authored report by Global CCS Institute and University College London largely focusses on the storage aspect of the CCS process. Storage is where the most distinctive liability challenges lie, largely due to the long time-scales involved.

The authors address three types of legal liability:

  1. Civil liability where third parties who have suffered harm seek compensation or a court order.
  2. Administrative liability where authorities are given powers to serve some form of enforcement or clean-up order.
  3. Emissions trading liability where an emissions trading regime provides a benefit for CO2 storage and an accounting mechanism is in place should there be subsequent leakage.


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Legal liability and carbon capture and storage: a comparative perspective


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