ABSTRACT
Whilst geological carbon dioxide capture and storage (CCS) remains a potentially attractive climate change mitigation option, there are uncertainties and complexities surrounding the legality of such projects. The importance of the legal position when considering geological CCS cannot be understated. Even if suitable storage sites for CO2 have been identified, the technologies for transportation and injection are feasible and available, and there is broad support from within government, industry, and the public for such projects taking place, the significance of these is limited if the current applicable laws prevent or restrict such projects from taking place. This chapter identifies the relevant international and European legislation that potentially impinges on offshore geological carbon dioxide storage projects taking place and considers the key legal questions of ambiguity concerned with geological CCS beneath the waters surrounding the United Kingdom (UK). Although this chapter focuses on the legal position in relation to the UK, any conclusions that are reached will be relevant to others in the international community. It is clear that the international community would benefit from greater legal clarification of existing relevant legislation. The chapter cannot, and its aim is not to, always offer definitive answers as to whether certain geological CCS projects are legal or not. Where there is uncertainty as to the legal position, comment is provided on why this is the case and, where appropriate, the authors’ opinion as to what might be the correct legal interpretation.
