Summary/Abstract
In the European Union. an enabling legal framework for the geological storage of CO2, in the form of a 2009 CCS Directive, was rapidly adopted in order to stimulate the environmentally safe deployment of CCS. Nevertheless, deployment remains slow. This article aims to emphasise that in its present form, the Directive fails to encourage investment in CCS. By maintaining a focus on the EU provisions governing liability for leakage of CO2 from CCS projects, it is argued that the Directive fosters legal uncertainty. Furthermore, it creates an imbalance between the responsibilities of private and public actors for the inevitable risks inherent in a socially useful and arguably necessary technology. A proposal for reform is outlined, which corrects this imbalance and provides more legal certainty.