ClientEarth’s legal review of the proposed Directive on the Geological Storage of Carbon Dioxide identified a problem with the scope of the requirement for operators of storage sites to take corrective measures in the event of irregularities or leakages. The draft text only required operators to stop further leakages. We argue that the other legal regimes relied on to deal with any other damage caused to the environment or people are inadequate, and the definition of corrective measures should extend to specifically require measures to remedy or mitigate any negative impact on the environment or human health. In the final text of the Directive, agreed in December 2008, the corrective measures requirement was extended to include measures related to protection of human health.
|Published||October 8, 2008|