Carbon Capture and Storage

The technology of Carbon Capture and Storage (‘CCS’), also described as a family oftechnologies (Zillman, McHarg, Barrera-Hernandez and Bradbrook 13 Find it in yourLibrary), aims, as its name suggests, at capturing carbon dioxide (CO2) from large pointsources (power plants) and transporting it to a storage site to depose or store the CO2 inunderground geological formations (Fouillac 121–41 Find it in your Library; Gibbins andChalmers Find it in your Library). The technology consists of several components: i) thecapture of CO2 from various point sources (cement factories, chemical factories, fossil fuelsplants); ii) to the extent relevant, the transportation thereof to a storage site via pipelines;and ultimately iii) the long-term storage of the carbon underground.<br/

Carbon Capture and Storage

The technology of Carbon Capture and Storage (‘CCS’), also described as a family oftechnologies (Zillman, McHarg, Barrera-Hernandez and Bradbrook 13 Find it in yourLibrary), aims, as its name suggests, at capturing carbon dioxide (CO2) from large pointsources (power plants) and transporting it to a storage site to depose or store the CO2 inunderground geological formations (Fouillac 121–41 Find it in your Library; Gibbins andChalmers Find it in your Library). The technology consists of several components: i) thecapture of CO2 from various point sources (cement factories, chemical factories, fossil fuelsplants); ii) to the extent relevant, the transportation thereof to a storage site via pipelines;and ultimately iii) the long-term storage of the carbon underground.<br/

Environmental Protection Versus Energy Supply Security - The Shale Gas Case and Its Impact on Ecosystem Services

The complexity, interrelation and competition between environmental protection and energy supply security is an emerging problem. Often, State environmental protection concerns and standards are outweighed by a competing interest, such as ensuring energy supply security. This paper discusses the benefits and risks of an ecosystem service approach in connection with shale gas extraction in the United States and the European Union. The shale gas example demonstrates that even in advanced jurisdictions with high standards of environmental protection, ecosystem services are compromised for energy generation purposes. In addition, it explains the impacts of shale gas extraction on the individual elements of the environment and establishes how these result in the degradation of ecosystems and its services. Further, it discusses if an ecosystem services approach can ease the competition between energy security and environmental protection can establish economic and environmental equity. In other words, it will be analyzed if an ecosystem service approach offers a solution which assures the sustainable extraction of energy resources and protects ecosystems while enhancing economic growth and also improving internal energy supply security and public safety, health and contentment. Shale gas, primarily composed of methane, is the gas which is trapped in compressed fine-grained sedimentary rock formations, the exact geochemistry differing from shale to shale.[1] The shale must either have natural fractures, or fractures must be created in the rocks to release the gas through the hydraulic fracturing method (fracking).[2] In order to release the gas, water is injected with high pressure into the shale formation. Mixed with sand and other fracking fluids[3] it keeps the fractures open and thus increases the permeability so that the gas can flow.[4] Through the technology of horizontal drilling, which deepens the original capture zone in the shale from 20 to 30 meters (by vertical drilling) to hundreds of meters, the gas produced per well increases, making the production of shale gas commercially viable.[5] Already from this brief description of the extraction process it can be inferred that the extraction of shale gas is not as environmental friendly as often claimed by its supporters. On the contrary, it has massive impacts on all elements of the environment and several ecosystem services.[6] These include impacts on water resources, freshwater wetlands, ecosystems and wildlife, air quality, the noise level, seismicity of the rocks and the visual impacts on the extraction site and its surrounding.[7] Besides the obvious impacts on ecosystem services such as water, minerals and air (carbon sequestration and climate regulation), the shale gas extraction process also has impacts on food supply (crops, nearby agricultural fields and soil toxification) and on cultural ecosystem services such as on quality of life, tourism and recreation. This paper will examine these impacts and the applicable regulatory landscape. Further, it will establish if and how payments for ecosystem services are already included in these regulatory regimes. And finally, it will assess if an ecosystem service approach is suitable to manage the shale gas extraction process in a sustainable way, striking the balance between environmental protection, economic growth and energy supply security and thus establishing environmental and economic equity. [1] Phases adopted after Halliburton Energy Services, U.S. Shale Gas: an Unconventional Resource. Unconventional Challenges, 2008, 2. [2] Deloitte, Shale gas- A strategic imperative for India, 2010, 3; for further and more detailed information about the definition, geology and geochemistry on shale gas see Halliburton, note 1 above, 2. [3] For further information on fracking fluids and its use see Arthur, J. Daniel; Langhus, Bruce; Alleman, David, An overview of modern shale gas development in the United States, ALL Consulting, 14f. [4] Bailey, note 6 below, 819ff. [5] See Deloitte, note 2 above, 3f, for more information about the process of recovering shale gas see Robinson, Charlotte; Walta, Mary E., Note, Water for Oil Shale: Framework for the Legas Issues, in: 58 Denver Law Journal, 1980, as well as Arthur, j. Daniel; Bohm, Brian; Layne, Mark, Hydraulic Fracturing Considerations for Natural Gas Wells of the Marcellus Shale, ALL Consulting, 2008, 1. [6] See Bailey, Adam J., The Fayetteville Shale Play and the Need to Rethink Environmental Regulation of Oil and Gas Development in Arkansas, (815-848), in: 63 Arkansas Law Review 848, 2010, 819ff, also for further impacts on the environment. [7] For a detailed analysis of the factors see Department of Environmental Conservation, New York State, Chapter 6, Potential Environmental Impacts in: Draft Supplemental Generic Environmental Impact Statement on the Oil, Gas and Solution Mining Regulatory Program- Well Permit Issuance for Horizontal Drilling And High-Volume Hydraulic Fracturing to Develop the Marcellus Shale and Other Low-Permeability Gas Reservoirs, 2009, 1-163, as well as Bartis et al., Oil Shale Development in the United States : Prospects and Policy Issues, RAND Corporation, Santa Monica, CA, 2005, 35ff

The Energy Charter Treaty and its Implications for Preventing Plastics Production:Stirring the Plastic Soup?

This chapter delves into the intricate relationship between the plastics industry and fossil fuels. Despite the climate crisis, the plastics sector continues to grow,which may increase demand for fossil fuels. At present, environmental issues are addressed within specific sectors, which masks the more general consequence

The “Safe and Sustainable by Design” Concept - A Regulatory Approach for a More Sustainable Circular Economy in the European Union?

The creation of a more sustainable economy is one of the main targets of the European Green Deal and the new Circular Economy Action Plan. Technological innovation is needed, among other things, to render materials, products, and production processes more sustainable. Given the goals of the European Green Deal, the regulatory concept of “Safe and Sustainable by Design” is increasingly receiving attention. The concept is (arguably) a precautionary and preventative measure that is implemented at the early stages of the design of a technology. Therefore, it is often described as a tool for lowering the risks that follow from efforts to create a more circular economy. The concept was included in the European Chemicals Strategy of the European Commission. The aim of the strategy is to accelerate progress towards the discovery of more sustainable chemicals and towards a toxicity-free environment. In this paper, we will explore the benefits and disadvantages of integrating the “Safe and Sustainable by Design” concept into the regulation of technology. As a form of regulation by technology, this concept can enhance sustainability. We will first describe the origins of the concept and its current use. Then, we will analyse its implications for the circular economy.</p

Ex ante regulation in an era of fast-paced innovation - connecting the time and locus of regulation

The connection between the timing and the locus of a regulatory intervention should excite considerable interest in the study of ex ante regulation. To illustrate this argument,we draw on the example of the precautionary principle. It emerges that timing is important when legislation is being drafted. However, time is not the only relevant variable in decision-making. When it is ripe for application, both temporal and locus-of-regulation considerations matter. For instance, a question that policymakers should address is when it isthe right time to regulate new or emerging technologies and at which governance level. Addressing such questions would allow them to strike a balance between facilitatingthe development of new technologies and addressing the legitimate concerns of their citizens

The “Safe and Sustainable by Design” Concept - A Regulatory Approach for a More Sustainable Circular Economy in the European Union?

The creation of a more sustainable economy is one of the main targets of the European Green Deal and the new Circular Economy Action Plan. Technological innovation is needed, among other things, to render materials, products, and production processes more sustainable. Given the goals of the European Green Deal, the regulatory concept of “Safe and Sustainable by Design” is increasingly receiving attention. The concept is (arguably) a precautionary and preventative measure that is implemented at the early stages of the design of a technology. Therefore, it is often described as a tool for lowering the risks that follow from efforts to create a more circular economy. The concept was included in the European Chemicals Strategy of the European Commission. The aim of the strategy is to accelerate progress towards the discovery of more sustainable chemicals and towards a toxicity-free environment. In this paper, we will explore the benefits and disadvantages of integrating the “Safe and Sustainable by Design” concept into the regulation of technology. As a form of regulation by technology, this concept can enhance sustainability. We will first describe the origins of the concept and its current use. Then, we will analyse its implications for the circular economy.</p

Solidarity in European Union Law and its application in the energy sector

This article explores the meaning of solidarity in European Union (EU) law in the context of the energy sector and the ongoing energy crisis. Energy provides a powerful and topical sectoral example of the fundamental role and diverse functions of solidarity in EU law. In its OPAL ruling in 2021, the Court of Justice of the EU established that energy solidarity constitutes a legally binding principle of EU energy law that should inform EU institutions and the Member States in their energy decisions. This article adds to legal scholarship on solidarity in three ways. First, it further develops the understanding of the ambiguous solidarity concept in EU law through the lens of the energy sector. Secondly, it contributes to the emerging body of energy law scholarship that seeks to advance the discipline of energy law by focusing on its doctrine rather than on its substantive developments. Finally, it provides a timely and novel analysis of the EU's recent emergency responses to address the acute energy crisis from the point of view of solidarity

Ex ante regulation in an era of fast-paced innovation - connecting the time and locus of regulation

The connection between the timing and the locus of a regulatory intervention should excite considerable interest in the study of ex ante regulation. To illustrate this argument,we draw on the example of the precautionary principle. It emerges that timing is important when legislation is being drafted. However, time is not the only relevant variable in decision-making. When it is ripe for application, both temporal and locus-of-regulation considerations matter. For instance, a question that policymakers should address is when it isthe right time to regulate new or emerging technologies and at which governance level. Addressing such questions would allow them to strike a balance between facilitatingthe development of new technologies and addressing the legitimate concerns of their citizens

The Energy Charter Treaty and its Implications for Preventing Plastics Production:Stirring the Plastic Soup?

This chapter delves into the intricate relationship between the plastics industry and fossil fuels. Despite the climate crisis, the plastics sector continues to grow,which may increase demand for fossil fuels. At present, environmental issues are addressed within specific sectors, which masks the more general consequence