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Environmental Law and CCS in Europe and the Netherlands; The Implications of Chapter 7 of Directive 2009/31

28 Pages Posted: 9 Sep 2008 Last revised: 22 Jun 2013

Kars J. de Graaf

University of Groningen - Faculty of Law - Department of Administrative Law and Public Administration

Jan H. Jans

University of Groningen - Department of Administrative Law and Public Administration, Faculty of Law

Date Written: February 26, 2009

Abstract

Carbon Dioxide Capture and Storage (CCS) is increasingly seen as a necessary climate change mitigation option and is therefore steadily rising up the political agenda in Europe and the Netherlands. However, the current legal and administrative position in relation to CCS is at some points unclear and some existing laws and regulations may need to be adjusted for a wide application of CO2 storage projects. This contribution focuses on the environmental regulatory framework. CCS is not just an appealing climate change mitigation option, but can have potentially negative effects for the environment as well. Recent amendments to key international legal regimes - like the London Dumping Convention and the OSPAR treaty - and a proposed European legislative framework on CCS will have significant effects on national environmental law. As the use of CCS is relatively new, the first question of this contribution is to assess which environmental law standards apply and what changes could be envisaged. In light of the proposed European legislative framework and the proposed changes to national environmental law, we will try to look at the future role of environmental law in relation to CCS.

Keywords: CCS, environmental law, sustainable development

JEL Classification: K32, K33

Suggested Citation

de Graaf, Kars J. and Jans, Jan H., Environmental Law and CCS in Europe and the Netherlands; The Implications of Chapter 7 of Directive 2009/31 (February 26, 2009). Available at SSRN: https://ssrn.com/abstract=1265042 or http://dx.doi.org/10.2139/ssrn.1265042

Kars Jan De Graaf (Contact Author)

University of Groningen - Faculty of Law - Department of Administrative Law and Public Administration ( email )

9700 AS Groningen
Netherlands

HOME PAGE: http://www.rug.nl/staff/k.j.de.graaf

Jan H. Jans

University of Groningen - Department of Administrative Law and Public Administration, Faculty of Law ( email )

P.O. Box 716
Groningen, 9700 AS
Netherlands
+31 50 363 8870 (Phone)

HOME PAGE: http://www.rug.nl/staff/j.h.jans/index

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