The New Directive on the Geological Storage of Carbon Dioxide

Carbon capture and storage (CCS) is a controversial response to climate change, described variously as a ‘magic bullet’;¹ ‘an uncomfortable but necessary option’;² ‘an expensive distraction’;³ and a ‘false hope’.⁴ The Directive on the geological storage of carbon dioxide (CO2)⁵ provides a legal framework for the regulation of CCS. CCS is the process of removing CO2 from the emissions of industrial processes, injecting and storing it permanently underground, where it is prevented from entering into the atmosphere and thus contributing to climate change. While the climate change imperative seems to have provided significant impetus for expedited negotiation and adoption of the Directive,⁶ CCS technology is of course as much about energy security and the continued use of fossil fuels.⁷ In response to policy options which would favour enhanced investment in renewables and energyefficie ncy over the continued use of coal, the Directive notably describes CCS as ‘a bridging technology’ which ‘should not serve as an incentive to increase the share of fossil fuel power plants’.⁸