Summary/Abstract
This article examines emerging legislative frameworks, in a limited number of jurisdictions, that have been adopted to manage long-term liability: viz., Wyoming, Kansas, Montana, the European Union (EU), and Australia. The majority of state governments to date, including Wyoming, Kansas, and the State of Victoria in Australia, are not prepared to assume long-term liability, while the EU and the State of Montana are prepared to proceed with a conditional transfer of liability from the CCS developer/operator to the government. This paper concludes that while a model that incorporates a conditional transfer of liability to a “pool” such as in Montana and the EU, may encourage more investment in CCS, such a model does not incorporate the “polluter pays” principle. Arguably the incentive is greater to prevent future gas releases and thereby minimize the long-term risk to the public in jurisdictions such as Wyoming, Kansas, and the State of Victoria, where the CCS developer and/or operator retains long-term liability under the common law. The paper recommends a pooling approach to the management of remediation and reclamation funds based largely on arguments that it is more economically efficient to do so.