Legal Design of Carbon Capture and Storage

Since the 1990s, several attempts have been made to combat climate change. Governments have used traditional instruments, like the promotion of renewable energy sources and energy efficiency. Since the entry into force of the Kyoto Protocol, new instruments have been introduced, like international and national emissions trading. So far, these existing abatement options are not sufficient to meet the national CO2 reduction targets. Until it is possible to use renewable resources on a larger scale without endangering security of supply, transitional instruments need to be designed. Carbon capture and storage (CCS) is such a transitional instrument that allows for the use of fossil fuels without emitting CO2 in the atmosphere. The CO2 will be captured and transported to subsoil reservoirs where it is permanently stored. Because of its geological structure, The Netherlands is considered to be suitable for large-scale CO2 storage. The Groningen Centre of Energy Law (GCEL) has analyzed the l