Analysis of Civil Liability Regarding CCS: The Brazilian Case

Abstract

Global energy demand is still increasing based on consumption of fossil fuels, and its consequences such as greenhouse gases emissions (for instance CO 2 emissions) are concerns for humanity due to the global warming. In the context, climate changes issues are clearly one of the big issues for our future. Thus, measures for mitigating its effects are treated, discussed, and analyzed to help us to reduce those problems. In this regards, Carbon Capture and Storage (CCS) technology may represent a strategic alternative for CO 2 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, as well as we 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.

Comparative International Law: The Scope and Management of Public Participation Rights Related to CCS Activities

“…Because, once captured, the carbon dioxide is compressed and transported to suitable reservoirs. In short, the final storage of the carbon dioxide withdrawn from the atmosphere can be carried out in the hydrosphere, through ocean storage; in the biosphere, through storage by biomass; and in the lithosphere, through geological storage [ (Santos et al, 2017) and (Almeida et al, 2017)].…”

“…In order to reach this goal, Brazil needs to think and adopt technologies such as Carbon Capture and Storage (CCS), according to Almeida et al (2017), which may represent a strategic alternative for reducing CO2, especially for the energy sector. Despite this, the knowledge about this technology is still little consolidated between the country, as well as the regulation of these activities.…”

3D implicit modeling applied to the evaluation of CO2 geological storage in the shales of the Irati Formation, Paraná Basin, Southeastern Brazil

“…52,53 Brazil has no federal or states legal restrictions or specific legislation to prevent CCS. 54,55 Therefore, areas inside the São Paulo State were prioritized in this study, mainly because of the high concentration of energy sector and biomass industries related to sugar-cane ethanol plants. 56…”

“…The legal context of shale gas in the Paraná Basin is better and deeply discussed by Lenhard et al (2018) and Ramos et al (2020). The São Paulo State has no legal restrictions or speci c legislation for CCS, as well as all over Brazil (Almeida et al 2017;Costa and Musarra 2020). Therefore, areas inside the São Paulo State were prioritized in this study, mainly because there is also a high concentration of bioenergy industries related to sugar-cane ethanol plants (da Silva et al 2018).…”

CO2 geological storage in organic-rich shales of the Irati Formation, Paraná Basin, Brazil

“…Global risks arise by the lack of efficiency of the CO2 storage process and the consequent CO2 release to the atmosphere. Local risks are usually associated to CO2 leakage, which may result from high CO2 concentrations in the gas phase near the surface, CO2 dissolution in groundwater (aquifers), and effects induced by displacement of fluids with the injection of CO2 (seismic activity) (Zhang & Bachu, 2011;Rodrigues et al 2015;Almeida et al, 2017).…”