Carbon Capture and Storage in International Energy Policy and Law

1st Edition - October 13, 2021
Editors: Hirdan Katarina de Medeiros Costa, Carolina Arlota
Language: English
Paperback ISBN:
9 7 8 - 0 - 3 2 3 - 8 5 2 5 0 - 0
eBook ISBN:
9 7 8 - 0 - 3 2 3 - 8 5 3 7 0 - 5

Carbon Capture and Storage in International Energy Policy and Law identifies the main contemporary regulatory requirements, challenges and opportunities involving CCS from a co… Read more

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Carbon Capture and Storage in International Energy Policy and Law identifies the main contemporary regulatory requirements, challenges and opportunities involving CCS from a comparative and interdisciplinary perspective. It draws on the scholarship of renowned researchers across the fields of international energy law and policy to address CCS regulation and its impact on climate change, sustainable development, and related consequences for energy transition. In this vein, the book aims to address issues related to energy, energy justice and climate changes (including CCS technology).

Contributors discuss the main challenges and advantages concerning international energy and the forms CCS may contribute to energy security, climate change, adaptation and mitigation of GHG emissions and sustainable development. In this light, the book discusses CCS as a bridge that integrates international energy, climate change and sustainable development.

Cover image
Title page
Table of Contents
Copyright
Dedications
List of contributors
Foreword
Acknowledgments
Carbon capture and storage in international energy policy and law: perspectives on sustainable development, climate change, and energy transition
Part I: Conceptualizing international energy law and carbon capture and storage (CCS) in light of climate change
Chapter 1. International Energy Law: still a brave new world?
Abstract
1.1 Introduction
1.2 Theoretical framework
1.3 Why International Energy Law is needed now?
1.4 Conclusion
Acknowledgments
References
Chapter 2. The energy of cooperation
Abstract
2.1 Introduction
2.2 Cooperation evolution
2.3 War or cooperation?
2.4 Traditional cooperation
2.5 Global cooperation
2.6 The millennium development goals
2.7 The Sustainable Development Goals
2.8 The renewed cooperation agencies
2.9 The new players
2.10 Financing for sustainable development
2.11 The Brazilian case
2.12 Cooperation for climate change: the emblematic solution of CCS
2.13 Conclusion
References
Chapter 3. Climate change mitigation and the technological specificities of carbon capture and storage
Abstract
3.1 Introduction
3.2 CCS technologies
3.3 Technological challenges for wide CCS deployment
3.4 Final remarks and conclusions
Acknowledgments
References
Further reading
Part II: Case studies on CCS and related policies, and their consequences for climate change
Chapter 4. The institutional approach of climate change at the multinational level: the new paradigm of the Brazilian legislative experience
Abstract
4.1 Introduction
4.2 Scope of the analysis
4.3 Survey of competences focusing on the municipal level
4.4 Brazilian institutional powers and competences to climate policies
4.5 Institutional analysis and multinational level
4.6 Conclusion and policy implications
Acknowledgments
References
Chapter 5. Carbon capture and storage technologies and efforts on climate change in Latin American and Caribbean countries
Abstract
5.1 Introduction
5.2 Macroscenario for climate policy implementation
5.3 Carbon storage facilities and use of CCS technologies
5.4 Technical analysis of the potential use of CCS
5.5 Efforts and opportunities to implement CCS projects
5.6 Paths built and directions followed by countries in meeting the Paris Agreement goals and conclusions
5.7 Final considerations
Acknowledgments
References
Further reading
Chapter 6. Geologic CO2 sequestration in the United States of America
Abstract
6.1 Subsurface property rights and competing uses of the subsurface
6.2 Liability models for the use of pore space for industrial and commercial underground fluid injection activities
6.3 Potential legal and commercial frameworks for permitting access and use of pore space for geologic CO2 sequestration
6.4 Conclusion
References
Further reading
Chapter 7. The United Kingdom’s experience in Carbon Capture and Storage projects: the current regulatory framework and related challenges
Abstract
7.1 Introduction
7.2 UK’s energy sector
7.3 UK’s CCS regulatory framework
7.4 UK’s CCS projects
7.5 Public participation
7.6 Final considerations
Acknowledgments
References
Chapter 8. Regulatory framework carbon capture, utilization, and storage in Europe: a regulatory review and specific cases
Abstract
8.1 Introduction
8.2 European Union regulatory framework on CCS
8.3 Norwegian CCS experience
8.4 Dutch CCS case
8.5 Conclusion
Acknowledgments
References
Chapter 9. Australian legislation on new mitigation technologies—the case of carbon capture and storage
Abstract
9.1 Introduction
9.2 Australian energy sector—framework—energy transition
9.3 New technologies to achieve the Paris Agreement
9.4 Australian laws on carbon capture and storage
9.5 Lessons to be learned
9.6 Final remarks
Acknowledgments
References
Chapter 10. Carbon capture and storage: Intellectual property, innovation policy, and climate change
Abstract
10.1 Introduction
10.2 Patent law
10.3 Government funding
10.4 Innovation prizes and grand challenges
10.5 Conclusion
References
Legislation
Cases
International treaties
Chapter 11. Negative-emission technologies and patent rights after COVID-19
Abstract
11.1 Introduction
11.2 Failure to meet climate change goals, the need for NETs, and current funding
11.3 Intellectual property rights, invention incentives, and affordable-access concerns
11.4 Conclusion
References
Part III: Comparative experiences around the world
Chapter 12. Who is taking climate change seriously? Evidence based on a comparative analysis of the carbon capture and storage national legal framework in Brazil, Canada, the European Union, and the United States
Abstract
12.1 Introduction
12.2 Definition of CCS and its main challenges
12.3 Comparative experience
12.4 Relevant findings of the comparative survey
12.5 Conclusion
Annex 1
Acknowledgments
References
Further reading
Chapter 13. Reducing CO2 emissions through carbon capture use and storage and carbon capture and storage in Mexico and Alberta, Canada: addressing the legal and regulatory barriers
Abstract
13.1 Introduction
13.2 Alberta’s regulatory experience with enhanced oil recovery and acid gas disposal projects
13.3 Injecting CO2 for long-term storage
13.4 Clear and certain property rights to enable carbon capture and storage projects
13.5 Environmental protection considerations
13.6 Liability
13.7 Meaningful consultation—an essential element of an effective and efficient regulatory framework
13.8 Project approval
13.9 Current gaps in Mexican regulations
References
Chapter 14. Legal and regulatory barriers to CO2 geological storage in Brazil: Lessons from the European Union
Abstract
14.1 Introduction
14.2 CCUS and CO2 geological storage
14.3 Brazil as a study case
14.4 European Union CCS Directive
14.5 Final remarks and conclusions
Acknowledgments
References
Chapter 15. An overview of the existing carbon capture, utilization, and storage projects in Asia: Comparing policy choices and their consequences for sustainable development
Abstract
15.1 Introduction
15.2 Energy
15.3 CO2 emissions
15.4 CCUS technologies in Asian countries
15.5 Final remarks and conclusions
Acknowledgments
References
Chapter 16. Relevant aspects of carbon storage activities’ liability in paradigmatic countries: Australia, Brazil, Canada, European Union, Japan, Norway, United Kingdom, and United States
Abstract
16.1 Introduction
16.2 Prevention and control of environmental accidents
16.3 Chosen countries experience
16.4 Conclusion
Acknowledgments
References
Part IV: The current picture and future perspectives
Chapter 17. A transitioning model: from oil companies to energy players
Abstract
17.1 Introduction
17.2 New paradigm
17.3 New technologies
17.4 An example of energy transition in the developing world
17.5 Effects of Covid-19 pandemic
17.6 Conclusion
References
Chapter 18. Sustainable development and its link to Carbon Capture and Storage (CCS) technology: toward an equitable energy transition
Abstract
18.1 Introduction
18.2 Sustainable development: concept overview
18.3 The international agenda and its relationship with sustainable development and climate change
18.4 Agenda 2030 and its role to sustainable development and the climate change crisis
18.5 The place of CCS in the fair energy transition to sustainable development
18.6 Conclusion
Acknowledgments
References
Chapter 19. Why is social acceptance important for capture, storage, and transport of carbon (CCS) projects?
Abstract
19.1 Introduction
19.2 Social license to operate, public acceptance, public perception, and public participation features and goals
19.3 Current trends on CCS projects and social acceptance
19.4 Conclusion
Acknowledgments
References
Chapter 20. Climate change, Carbon Capture and Storage (CCS), energy transition, and justice: where we are now, and where are (should be) we headed?
Abstract
20.1 Introduction
20.2 A historical overview: from environmental justice to climate justice
20.3 Climate change and its significant pressure points: migration and justice
20.4 Where we are on CCS, energy transition, and climate justice
20.5 Current trends
20.6 Conclusion
Acknowledgments
References
Further reading
Index

Hirdan Katarina de Medeiros Costa

Hirdan Katarina de Medeiros Costa is a lawyer, consultant and professor. She has been working in energy sector since 2004. Hirdan is bachelor’s in law, her undergrad background is Petroleum Law from the University of Rio Grande do Norte (Brazil). Moreover, she has a Master Degree on Energy Issues from the University of Sao Paulo and her dissertation focused on the Regulation of Natural Gas. She holds an LL.M (Master of Laws) from the University of Oklahoma, College of Law, USA, where she was a Visiting Researcher (2008-2009). She was also a distinguished Visiting Researcher PRH04 / ANP / MCTI / IEE / USP (2013-2016). Currently, Hirdan is a Collaborating Professor at Energy Program of the University of Sao Paulo’s Institute of Energy and Environment (PPGE / IEE / USP), where she is the Coordinator of Projects 21 and 42 of CEPID / SHELL E & P Brazil / FAPESP Energy Policy and Economics Program. She is also the Deputy Director of CEPID / SHELL E & P Brazil / FAPESP Energy Policy and Economics Program, and Postdoctoral Fellow from Energy Program at University of Sao Paulo.

Affiliations and expertise

Collaborating Professor, Energy Program, University of Sao Paulo’s Institute of Energy and Environment (PPGE / IEE / USP) and Deputy Director, CEPID / SHELL E & P Brazil / FAPESP Energy Policy and Economics Program, and Postdoctoral Fellow from Energy Program, University of Sao Paulo

Carolina Arlota

Carolina Arlota is currently a Visiting Assistant Professor of Law at the University of Oklahoma, College of Law, where she has taught courses on several international topics, such as International Energy Law, International Commercial and Investment Arbitration, International Business Transactions, Comparative Law, and European Union Law. Dr. Arlota holds an LL.M. and a J.S.D. from the University of Illinois at Urbana-Champaign. In Illinois, she was awarded the Lemann Graduate Fellowship. Dr. Arlota was also a recipient of prestigious fellowships granted by the TINKER Foundation and by the Fondation pour le Droit Continental (Université Paris II, Pantheon Assas – located in Paris, France).

Affiliations and expertise

Visiting Assistant Professor of Law, University of Oklahoma, College of Law, USA

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