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CCS Legal and Regulatory Issues

The IEA has been working since 2004 to analyse legal issues surrounding CO2 storage in domestic and international law. The June 2007 IEA publication Legal Aspects of CO2 Storage:  Update and Recommendations provided a compilation of up-to-date information regarding the legal, policy and regulatory principles for CCS. 

The International CCS Regulators’ Network:

The IEA, in association with the IEA GHG Implementing Agreement, University College London’s Carbon Capture Legal Programme and the Carbon Sequestration Leadership Forum, has created the CCS Regulators Network to provide policy makers with opportunities to interact with peers in an objective, neutral forum.  The Network involves policy practitioners from a variety of arenas of expertise, from local, state/provincial, national, regional and international levels.  Network participants present case studies and status updates, ask questions, and discuss possible solutions to challenges they face developing adequate CCS legal & regulatory frameworks.

Issues

Key areas covered by the Network include:

• Establishing jurisdiction among different agencies/classifying CO2
• Property rights for CO2 storage and transportation
• Environmental risk mitigation, including public health protection, groundwater protection and protection of flora and fauna
• Monitoring and verification methodologies for CO2 retention in storage sites
• CO2 transport issues, including pipeline access, quality issues and permitting
• Public consultation and acceptance of proposed CO2 storage sites
• Legal status of CO2 when it is stored offshore in international waters

Activities

The Network is hosting a series of meetings and internet/web conferences on specific legal and regulatory aspects of CCS. Additional information on national and international CCS regulatory developments can be found at the University College London’s Carbon Capture Legal Programme website.

Recent meetings:

• Web Conference on what is required for CCS site handover? (22 September 2009)

Past meetings:

• Web Conference on CCS Public Engagement and Consultation - Lessons Learned (15 June 2008)
• Launch of the International CCS Regulators’ Network (May 2008)
• CCS Web Conference on CO2 Transport, Health and Safety Issues (July 2008)
• Getting Started: Laying the Legal and Regulatory Foundations for Early CCS Demonstration Projects (October 2008)
  
• CCS Roadmap Meeting – Financing, Legal & Regulatory and Public Awareness Issues (2-3 February 2009)
• CCS: Regulatory Approaches to Address Liability Webinar (15 January 2009)
• Updates on US and EU Development (20 March 2009)