Analysis of Civil Liability Regarding CCS: The Brazilian Case

Abstract

Overview Global energy demand is still increasing based on consumption of fossil fuels, and its consequences such as greenhouse gases emissions (for instance CO2 emissions) are concerns for humanity due to the global warming. In this context, climate changes issues are clearly one of the biggest issues for our future. Thus, measures for mitigating its effects are treated, discussed, and analyzed in order to help us to reduce those problems. In this regards, Carbon Capture and Storage (CCS) technology may represent a strategic alternative for CO2 abatement. Using bibliographic review methodology; including law analysis as well as the development of a logical explanation approach and deductive reasoning, in this paper, we analyzed the climate change mitigation strategy of CCS, and the perspectives of implementing this technology in Brazil. Since the CCS activity implies in risks, such as CO2 leakage, we therefore discussed the Civil Liability regarding CCS, focusing on the Brazilian environmental law. Our results show that the lack of a legal and regulatory framework of CCS activities represents the main barrier to its national development.