The capture and long-term storage of carbon dioxide from power plants and other industrial installations may prove a key technology in climate change abatement strategies. Regulatory frameworks for carbon capture and storage (CCS) are now being developed in a number of jurisdictions. The European Union produced the first comprehensive legislation on the subject in 2009, which provides a compelling example of challenges associated with the design of regulation dealing with a novel technology. This chapter identifies three issues, each of which reflects aspects of regulatory legitimacy: the extent to which states within a federal or quasi-federal system should have the legal discretion to reject a technology; the way in which regulation provides for opportunities for public participation and engagement in issues concerning the new technology; and whether, and at what point, the state should assume responsibility for storage sites, given the long timescales necessary for secure storage.
Robin Kundis Craig
The water–energy nexus describes the reality that the provision of water always requires energy, while the production of most forms of energy requires significant amounts of water, particularly electricity production in thermoelectric power plants. As a result, electricity production and water supply are always intimately related, and changes in one of these arenas directly affect the other. However, law and policy rarely acknowledge this technology-mediated interrelationship, even though climate change will impose increasing stresses on both sides of the equation. While technology can help to mitigate these stresses, water law and energy policy could both do more to consider the trade-offs among water supply, energy production, and environmental protection.