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Legal Liability and Carbon Capture and Storage: A Comparative Perspective

2014
Think Tank Report
Ian Havercroft, Richard Macrory
International Policy/Guidance
Carbon Capture, Utilization and Storage → Carbon Capture and Storage
Australia, Canada, United Kingdom, CCS Liability
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Summary/Abstract

This report addresses the legal issues concerning liability for operations connected with carbon capture and storage (CCS), with the focus of the report on storage because of the particular challenges in designing appropriate liability regimes as time-scales for storage are lengthy and the technology remains relatively novel. The report is intended to highlight key themes that have emerged in thinking about the design of appropriate legal liability regimes for CCS, and uses as core examples for comparison three jurisdictions – the State of Victoria, Australia; the Province of Alberta, Canada; and the United Kingdom. These jurisdictions have been chosen because each has adopted legislation designed to facilitate deployment of CCS and to address the regulatory issues that arise. It may be noted, however, that the types of legal issues addressed in each of these jurisdictions are likely to be faced by any country which is developing a CCS legal and regulatory regime.

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