Carbon Capture and Storage
The Legal Landscape of Climate Change Mitigation Technology
This Special Report explores the most recent regulatory, political and economic trends and themes arising from CCS technologies and projects to help the reader succeed in this rapidly changing market.
This Special Report will give readers a firm grasp of the political and regulatory landscape for CCS technologies and projects from both a legal and business perspective. Key sections of the report include:
•Overview on CCS technologies, technical advances and challenges
•Economics of CCS technologies and projects
•Public funding frameworks and programs
•CCS strategies and model projects
•International and national regulatory frameworks.
Pilot CCS projects are successfully proliferating and this Special Report provides the regulatory and political insights to succeed in the rapidly changing CCS market. It will be an invaluable resource for in-house counsel, senior managers, engineers, consultants, researchers and policy makers with an interest in the energy sector and CCS technologies and projects.
Table of Contents
|Table of Contents||3|
|II. Technical aspects and challenges||9|
|1. Separation and capture||9|
|1.4 Direct air capture||11|
|3.1 Storage environments||12|
|3.2 Storage capacities||14|
|III. Economical practicability||17|
|1. Economic costs||17|
|1.1 Capture costs||17|
|1.2 Transport and storage costs||18|
|1.3 Emissions trading: the EU ETS||21|
|1.4 Looking beyond current (first-in-kind) costs||23|
|2. Public funding and economic incentives||23|
|2.1 EU public funding||23|
|2.2 Other public funding/national incentives||25|
|3. CCUS project financing and bankability||26|
|4. CCUS risk profile and insurability||27|
|IV. Networks and initiatives||29|
|1. International level||29|
|2. European level||31|
|V. CCS projects and national strategies||35|
|1.1 Sleipner and Snøhvit projects||36|
|1.2 Northern Light Project||37|
|2. United Kingdom||37|
|2.1 Net Zero Teesside||38|
|2.2 Acorn Project||38|
|2.3 Caledonia Clean Energy Project||39|
|2.4 Zero Carbon Humber Project||39|
|3.1 Porthos Project||40|
|3.2 Athos Project||40|
|4. United States||40|
|4.1 Petra Nova||41|
|4.2 Illinois Industrial CCS Project||43|
|5.1 Boundary Dam CCS||43|
|VI. Sources of law||45|
|1. International law||45|
|1.1 London Protocol||46|
|1.2 OSPAR Convention||47|
|2. EU law||48|
|2.1 Carbon Storage Directive||48|
|2.2 Other EU law||51|
|3. National laws||51|
|VII. Regulatory framework||53|
|1.2 Construction and operation||56|
|1.3 Closure and operator’s liability||59|
|2. Separation, capture and transport||64|
|About the authors||77|
|About Globe Law and Business||79|
It is with much enthusiasm that I welcome the publication of this Special Report on the Carbon Capture, Utilization and Storage (CCUS). Dirk Uwer and Daniel Zimmer, both renowned experts in this highly specialised area, provide a concise overview of the complex regulatory framework for CCUS projects and technologies. Based on thorough research, their report is an important contribution to fostering the understanding of CCUS as part of climate change mitigation.
Prof. Ekkehard Hofmann
Partner, Hengeler Mueller
Dirk Uwer is a partner of Hengeler Mueller in Dusseldorf. He has received numerous awards and accolades as one of Germany’s leading experts in regulated industries, with a particular focus on the energy sector.
Professor Uwer advises investors and energy supply companies on M&A transactions and on regulatory issues, representing them before the regulatory authorities and courts. He has been actively involved in all relevant transactions regarding the sale of German transmission system operators, and has represented Germany’s largest transmission system operator in various landmark cases concerning fundamental questions of offshore grid extension and regulations on network charges. His energy law practice includes power generation, renewable energies, unbundling of distribution and transmission system operators, energy infrastructure regulation and compliance matters. Professor Uwer holds a PhD from Humboldt University Berlin, an LLM from Northumbria University and a master’s in public administration from the Germany University of Administrative Sciences Speyer. He has authored more than 100 books and articles and lectures at several universities.
Daniel J Zimmer
Partner, Hengeler Mueller
Daniel J Zimmer is a partner of Hengeler Mueller in Dusseldorf. He advises national and international companies on all areas of energy and competition law.
In energy matters, he supports investors and energy supply companies in M&A transactions, advises on regulatory issues and regularly represents clients before the regulatory authorities and courts. More recently, Dr Zimmer advised EPH on its acquisition of Vattenfall’s lignite business in Eastern Germany and represented electricity transmission system operator TenneT in high-profile court proceedings relating to the construction of offshore grid connection lines.
In competition matters, Dr Zimmer mainly focuses on the representation of companies in cartel cases, follow-on damage claims, including their extrajudicial resolution, as well as antitrust compliance issues.
Dr Zimmer lectures on energy law at the Technical University of Berlin. He holds a PhD from the University of Bonn and an LLM from Duke University. He has published numerous articles on energy and competition law.