The Liability of Carbon Dioxide Storage

摘要

Widespread deployment of CCS will be contingent on containing liability for carbon dioxide storage. This paper analyzes the in situ post-injection liability of CCS, which arises if there is a loss of carbon dioxide containment by the geological formation and harm results to human health, the environment, or property. We begin with an analysis of the basis for carbon dioxide storage liability, the sources of which fall into five categories: toxicological effects, environmental effects, induced seismicity, subsurface trespass, and climate effects. We then consider how liability would be imposed under current public and private liability frameworks in the US. Although the focus of our analysis is the US liability system, our findings are broadly applicable across jurisdictions. Next, we investigate alternative public and private liability frameworks based on activities analogous from technical or regulatory standpoints, including the Alberta acid gas regime and the Price-Anderson nuclear regime. We conclude with a set of suggestions for addressing future carbon dioxide storage liability policy.