GEOLOGICAL CARBON SEQESTRATION: ARE THE EXISTING LEGAL AND REGULATORY FRAMEWORKS ADEQUATE? SUBMITTED BY : Shashank Dubey ,2 nd sem, Institute of law, nirma university and, Vinayak kapur ,2 nd sem,Institute of Law, Nirma University E mail : [email protected] and [email protected] Geological carbon sequestration aims to prevent emissions from entering the atmosphere by capturing CO2 at source to reduce the concentration of GHG’s which has also been the primary objective of the CLIMATE CHANGE CONVENTION and KYOTO PROTOCOL which not only concerns with extinction of “emission” but also “emission reduction”. Although these projects are showing its impact over CO2 reduction, there still exists concern over its permanence, particularly concerning leakage and security. A key legal question which arises is that whether CO2 is a waste and whether it is dumped , but the model for determining what is waste and what should be disposed is still vague. While CO2 falls under the list which says it as an “industrial waste” prohibited to be disposed according to LONDON CONVENTION, it does not fall under the same category as per OSPAR convention or 1996 PROTOCOL which considers it as a ”waste” which can be disposed. Furthermore the definition of dumping is also ambiguous. Another key legal issue is the pathway of CO2 to the storage site if the CO2 is considered to be a waste and to be dumped or stowed. There may also be some issues relating to property rights which may require consideration, the issue includes

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GEOLOGICAL CARBON SEQESTRATION: ARE THE EXISTING LEGAL AND REGULATORY FRAMEWORKS

ADEQUATE?

SUBMITTED BY : Shashank Dubey,2nd sem, Institute of law, nirma university and,

Vinayak kapur,2nd sem,Institute of Law, Nirma University

E mail : [email protected] and [email protected]

Geological carbon sequestration aims to prevent emissions from entering the atmosphere by capturing CO2 at source to reduce the concentration of GHG’s which has also been the primary objective of the CLIMATE CHANGE CONVENTION and KYOTO PROTOCOL which not only concerns with extinction of “emission” but also “emission reduction”. Although these projects are showing its impact over CO2 reduction, there still exists concern over its permanence, particularly concerning leakage and security.

A key legal question which arises is that whether CO2 is a waste and whether it is dumped, but the model for determining what is waste and what should be disposed is still vague. While CO2 falls under the list which says it as an “industrial waste” prohibited to be disposed according to LONDON CONVENTION, it does not fall under the same category as per OSPAR convention or 1996 PROTOCOL which considers it as a ”waste” which can be disposed. Furthermore the definition of dumping is also ambiguous. Another key legal issue is the pathway of CO2 to the storage site if the CO2 is considered to be a waste and to be dumped or stowed. There may also be some issues relating to property rights which may require consideration, the issue includes identifying from whom storage rights must be secured, public and private methods of acquiring property rights and managing the title of injected CO2.

With this project of GCS there arises the problem of marine pollution and some long term environmental and health related issues. Although EIA has been doing all important job of assessing the significant effect this project is having on environment but still there are some problems of managing the cost and investment incurred due to this project, the role of insurance and the laws related to risk management and risk reduction.

Key words : Geologial carbon sequestration(GCS), GHG-Green House Gases,KYOTO PROTOCOL,EIA-Environmental assessment.

mailto:[email protected]