Carbon Capture and Storage

Efficient Legal Policies for Risk Governance and Compensation

by Faure, Faure, Partain, Partain

ISBN: 9780262337304 | Copyright 2017

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Contents (pg. v)
List of Abbreviations and Unique Terms (pg. ix)
1 Introduction (pg. 1)
1.1 Carbon Capture and Storage: Risks and Rewards (pg. 1)
1.2 Goals and Methodology of This Book (pg. 4)
1.3 Limits of Its Goals (pg. 6)
1.4 Structure of This Book (pg. 7)
2 Survey of CCS Technologies and Risks (pg. 11)
2.1 Nature and Scale of Subterranean Storage Structures (pg. 12)
2.2 CO 2 Injection and Storage (pg. 17)
2.3 Historical CO 2 Venting from Subterranean Reservoirs (pg. 21)
2.4 Risks from CCS Activities (pg. 24)
2.5 Of Permanence, Risk, and Remedies (pg. 39)
2.6 Summary (pg. 43)
3 Clarifying Liability Rules for CCS (pg. 47)
3.1 Scholastic Calls for Clarification of CCS Liability Rules (pg. 48)
3.2 Multiple Rules of Overlapping Civil Liability (pg. 57)
3.3 Law and Economics on the Role of Civil Liability Rules (pg. 65)
3.4 Evaluating Strict Liability for CCS (pg. 68)
3.5 Evaluating Negligence for CCS (pg. 81)
3.6 Conclusion and Results (pg. 86)
4 Policy Options for CCS Liability Rules (pg. 89)
4.1 Refocusing on the Goals and Limits of Liability Rules (pg. 89)
4.2 Determination of Responsible Actors (pg. 91)
4.3 Force Majeure (pg. 95)
4.4 Attribution of Liability (pg. 96)
4.5 Effect of Regulation (pg. 97)
4.6 Causation (pg. 99)
4.7 Joint and Several Liability (pg. 101)
4.8 Remedies: Limited Financial Amounts? (pg. 102)
4.9 Conclusion and Results (pg. 104)
5 Postclosure Liability Transfers and Indemnifications (pg. 107)
5.1 Long-Term Liability Issues (pg. 108)
5.2 Latency Period Planning and Civil Liability Rules (pg. 110)
5.3 Addressing Externalities and Beneficiaries (pg. 116)
5.4 Policies in Place (pg. 117)
5.5 Conclusion (pg. 123)
6 Publicly and Privately Regulating CCS Activities (pg. 125)
6.1 Evaluating Public Regulations for CCS (pg. 126)
6.2 Evaluating Private Regulations for CCS (pg. 138)
6.3 Regulations Benefit from Availability of Civil Liability Rules (pg. 144)
7 Compensation via Market-Based Measures (pg. 149)
7.1 Goals of Compensation for CCS Policy (pg. 150)
7.2 Insurance for CCS (pg. 151)
7.3 Alternative Compensation Mechanisms (pg. 168)
8 Compensation Using Public Resources (pg. 185)
8.1 Compulsory Financial Guarantees? (pg. 186)
8.2 Direct Compensation by Government? (pg. 189)
8.3 A Compensation Fund for CCS-Related Damage? (pg. 194)
8.4 Compensation Fund: A Second Best Solution? (pg. 199)
8.5 Reinsurer of Last Resort (pg. 200)
8.6 Creation of a Public CCS Utility (pg. 203)
8.7 Conclusion (pg. 204)
9 Policy Recommendations (pg. 207)
9.1 A Review of the Policy Recommendations (pg. 207)
9.2 Climate Change Liability (pg. 215)
9.3 Position of Developing Countries (pg. 215)
9.4 Concluding Observations (pg. 216)
Notes (pg. 219)
Bibliography (pg. 327)
Index (pg. 351)

Michael G. Faure

Michael G. Faure is Professor of Comparative and International Environmental Law at Maastricht University and Academic Director of the Maastricht European Institute for Transnational Legal Research.



Roy A. Partain

Roy A. Partain is Reader at the University of Aberdeen School of Law.



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