EU Law Problems and Prospects

The prospects for carbon capture and storage (CCS) in the EU are currently rather bleak. Nonetheless the technology remains a potentially vital part of EU climate strategy, although one associated with considerable financial and also legal challenges. CCS operations of a transboundary nature, in particular, have not received the attention that the complexity of the subject warrants. The article discusses some of the main legal obstacles and uncertainties associated with such operations, including effects of potential transboundary migration of injected CO2, the potential for storing captured CO2 outside of the EU, and the lack of clarity as regards coordination between Member States in relation to common CCS operations.