Legal Design of Carbon Capture and Storage Developments in the Netherlands from an International and EU Perspective

Since the 1990s several attempts have been made to combat climate change. Governments use traditional instruments like the promotion of renewable energy sources and energy efficiency. Since the entry into force of the Kyoto Protocol new instruments have been introduced like international and national emissions trading. So far these existing abatement options are not sufficient to meet the national CO2 reduction targets. Until it is possible to use renewable resources on a larger scale without endangering security of supply, transitional instruments need to be designed. Carbon capture and storage (CCS) is such a transitional instrument that allows for the use of fossil fuels without emitting CO2 in the atmosphere. The CO2 will be captured and transported to subsoil reservoirs where it is permanently stored. Because of its geological structure the Netherlands is considered to be suitable for large-scale CO2 storage. The Groningen Centre of Energy Law (GCEL) has analysed the legal instrum

Martha M. Roggenkamp is professor of Energy Law at the University of Groningen and Director of the Groningen Centre of Energy Law. She is also a board member of the Groningen Energy and Sustainability Program (GESP) and the coordinator of the North Sea Energy Law Program and the specialization ‘Energy and Climate Law” in the LLM European Law. She has published widely on energy law issues since the early 1990s. She is the author of the monograph "Oil and Gas: Netherlands Law and Practice" (Chancery 1991) and "Het Juridisch Kader van Pijpleidingen in de Olie- en Gasindustrie" (PhD, Intersentia 1999). She is one of the co-editors of the book "Energy Law in Europe" (OUP 2003, 2007 and 2015), The Regulation of Power Exchanges in Europe (Intersentia 2004), the "European Energy Law Report I - X (Intersentia 2004-2014), "Legal Design of Carbon Capture and Storage-Developments in the Netherlands from an International and EU Perspective" (Intersentia 2009), “Energy Networks and the Law – Innovative Solutions in Changing Markets”(OUP 2012) and “Essential EU Climate Law”(Edgar Elgar forthcoming 2015). She also has the chair of the Dutch Association of Energy Lawyers and as a member of the Academic Advisory Group of the Section on Energy, Environment and Infrastructure law of the IBA she has participated in several research projects covering issues such as "Security of Energy Supply", "Human Rights in the Energy Sector", "Reregulating the Energy and Natural Resources Sector" and “The Law of Energy Underground” (all published at OUP). In addition, she is editor in chief of the series Energy & Law published by Intersentia (Antwerp), member of the editorial board of the Dutch Journal of Energy Law and of the editorial committee of the Journal of Energy and Natural Resources Law, the International Energy Law Review and the Renewable Energy Law and Policy Review.

Edwin Woerdman is Associate Professor of Law and Economics at the University of Groningen in the Netherlands. He is also co-director of the Groningen Centre of Energy Law. He graduated cum laude in political science at Radboud University, where he specialised in economic theory. He defended his PhD on climate law and economics in Groningen in 2002. He is an expert in the field of emissions trading, including its implementation in the energy sector, with around 18 years of research experience on this subject. He published several international peer-reviewed articles, book chapters and monographs. He has also co-edited and (co-)authored several books.

The authors are: Anatole Boute, Jan Bouwman, Marcel Brus, Irene Burgers, Oscar Couwenberg, Kars de Graaf, Wilbert Grevers, Avelien Haan, Jan Jans, Dick Lubach, Lennart Luten, Ko de Ridder, Martha Roggenkamp, Hans Vedder, Mark Wissink and Edwin Woerdman.