Carbon capture usage and storage—planning and policy
Produced in partnership with Begonia Filgueira FIEMA of Acuity Legal
Carbon capture usage and storage—planning and policy

The following Environment practice note produced in partnership with Begonia Filgueira FIEMA of Acuity Legal provides comprehensive and up to date legal information covering:

  • Carbon capture usage and storage—planning and policy
  • Brexit impact
  • Overview of carbon capture usage and storage
  • Carbon Capture and Storage Directive 2009
  • Implementation in England and Wales—the planning framework
  • What is a NSIP?
  • What does CCR mean?
  • Who is the decision maker?
  • NSIP
  • EA 1989, s 36 consents
  • More...

Brexit impact

11 pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. Any changes relevant to this content will be set out below. For further guidance, see Practice Note: Brexit—impact on environmental law and News Analysis: Brexit Bulletin—key updates, research tips and resources.

Overview of carbon capture usage and storage

Carbon capture and storage (CCS) is the capture (from a large point source such as a power station or other industrial installation), transport (by pipeline or ship) and storage (within underground geological formations) of CO2, to prevent it from entering the atmosphere.

CCS was re-badged as carbon capture usage and storage (CCUS) in the government’s Clean Growth Strategy 2017. This change reflects the fact that the captured CO2 can either be used in long-term storage or used in industrial processes.

Carbon Capture and Storage Directive 2009

The Carbon Capture and Storage Directive 2009, 2009/31/EC (CCS Directive) amended the Large Combustion Plants Directive 2001 (LCPD) to require that a number of assessments be carried out to determine carbon capture readiness before combustion plants, with a capacity of 300 megawatts electrical (MWe) or more, can

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