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Ramping up emission cuts by sharing risk and liability
Climate change is one of the defining issues of our time and we need to make use of every tool in the toolbox to mitigate, including CO2 capture, utilization and storage (CCUS). Cost, legal frameworks and policies for such technologies very between onshore and offshore operations and jurisidctions around the globe. This blog post looks into some differences between the US and Europe, particularly for issues like risk and liability, and how the financial burden of these may be distributed between public and private stakeholders to create incentives and predictability for the stakeholders involved in deploying these technologies.
Available at Lewis&Clark website: https://law.lclark.edu/live/blogs/123-ramping-up-emission-cuts-by-sharing-risk-and
Cross-Border CCS Infrastructure in Norway, the UK and the Netherlands
Cross-border transportation of CO2 and the establishment of storage hubs may be necessary to reduce costs and commercialize CCS. The EU has included CCS in the scheme Projects of Common Interest, requiring cross-border collaboration. The London Protocol Article 6 prohibits the export of CO2 for storage. Although amended to accommodate for such activities, the amendment lifting this prohibition has not yet entered into force due to the lack of sufficient number of ratifications. While waiting for the ratifications, this paper examines different alternatives relevant for the proceeding of a specific Project of Common Inerest without breaching international obligations. Our findings, based on the examination of the relevant alternatives, support an approach involving provisional application of the pending amendment.
Available at SSRN: https://ssrn.com/abstract=3366318
International Standards Support Commercial Deployment of CCS and CO2-EOR
For CCS, standards may prove to be one of the last pieces of the puzzle needed to deploy these technologies at a commercial scale. Similarly, for CO2-EOR standards may contribute to global deployment of an already commercial industry. Despite having numerous of positive features, like the potential for cost reductions, risk-sharing and dissemination of knowledge, the development and use of standards are balancing exercises. Having the potential to discriminate technologies and stakeholders or hinder technology development, consideration has to be given to aspects like technology neutrality, IP rights, national and international legal frameworks when seeking the consensus required to publish and utilize standards.
Available at SSRN: https://ssrn.com/abstract=3366317