In its Fifth Assessment Report the International Panel on Climate Change indicated that the success of the international community in keeping the global temperature rise to within 2°C is dependent on the largescale deployment of bioenergy carbon capture and storage. This will not only require significant advances in the deployment of carbon capture and storage technology, but also the development of a sufficiently large biofuels industry. This article explores some of the legal challenges in developing this industry, specifically the land-use implications, trade and economic issues and the broader environmental legal context. It is argued that without addressing each of these it is unlikely that the 2°C target will be achievable.