Authors: Nigel Bankes, Jenette Poschwatta, E. Mitchell Shier
Carbon capture and storage (CCS) technologies are gaining currency as a means of disposing of greenhouse gases and helping states meet their international obligations under such instruments as the Kyoto Protocol. However, while the utility of these technologies has become increasingly evident, their relative novelty has meant that the legal issues surrounding their application have remained largely unresolved. This article examines the property, regulatory, and liability issues associated with CCS in an Alberta context. The authors draw upon existing law and practice in relation to analogous activities including enhanced oil recovery, acid gas disposal, and natural gas storage to identify changes and clarifications that might be desirable in order to develop an appropriate legal framework for CCS in Alberta.