Legal
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An adequate legal regime will be crucial for a timely and sustainable scaling up of the CDR sector. The emerging CDR sector relies on technological advancements, but specific regulatory regimes may lag behind. Simultaneously, the time pressure of global warming, impending net-zero commitments, and the Paris Agreement’s goals limit the time available for reaching the appropriate regulatory response.
Currently, the regulatory landscape governing CDR methodologies in the UK is riddled with uncertainties. This dimension in the CO2RE Evaluation Framework provides guidance for evaluating the extent of regulatory treatment for each CDR project. Its primary aim is to help key stakeholders assess how the regulatory regime affects the deployment of specific CDR projects. This, in turn, sheds the light on potential issues in the legal system and flags up where further action could be undertaken.
05/04/2024
All CDR activities, whether land-based or engineered, will operate within legal frameworks which control the regulated activity. Legal aspects might apply, for instance, based on the nature of the CDR activity being proposed and whether it requires planning approval. In the case of the latter, a stakeholder consultation may be required, implicitly opening scope for review and appeals processes, which may in turn be open to third parties.
The legal implications differ depending on the specific CDR component activities and the regulatory measures applied. On one hand, the regulators can aim to control CDR effects and impose prohibitions and other regulatory controls. On the other, the regulators can adopt supportive measures for CDR adoption, such as exemptions from controls, government policy promotion, public funding, and standardisation.
It is likely that all CDR activities will at least need to consider their impact on air, water, land and biodiversity, and hence the associated bodies of traditional environmental law. The products and by-products of CDR activities will be regulated, for example, by way of the waste generated and how it is to be treated, transported, recycled, reused or disposed of. The outcomes or by-products of the CDR activity may also face regulation on any other transport requirements arising from the activity, whether up front in relation to material inputs or at the end in relation to product as well as the potential for land contamination as a result of the CDR activity. Health and safety regulations for workers and on-site personnel or international legal considerations (e.g. relating to the movement of CO₂ across borders) may also impact a given CDR.
Evaluation approach for legal dimension
To evaluate the application and the extent of regulatory control and support with respect to a given CDR project’s component activities, we recommend taking a ‘stepwise approach.’
Following the stepwise approach will provide the user with a table illustrating the extent of controlling and supporting regulatory regimes, as applicable to the project’s component activities. The regulatory control/support will be represented on a 5-point rating scale with 1 representing burdensome regulatory controls and no support, and 5 representing strong regulatory facilitation and no controls:
| Score | Description/justification |
| 1 | No facilitation and strong regulatory controls – CDR scaling inhibited and subject to burdensome regulation. |
| 2 | Weak facilitation and more stringent regulatory controls – CDR scaling somewhat inhibited and subject to burdensome regulation. |
| 3 | Neutral facilitation and regulatory controls – CDR scaling subject to counterbalancing support and control. |
| 4 | Strong facilitation and weak regulatory controls – CDR scaling is somewhat supported. |
| 5 | Strong facilitation and no regulatory controls – CDR scaling is fully supported. |