In Japan, there are five projects in which CO2 was injected underground and geologically stored. These are "Ku-Bi-Ki," "Sa-Ru-Ka-Wa," "Na-Ga-O-Ka," "Yu-U-Ba-Ri," and "To-Ma-Ko-Ma-I." To-Ma-Ko-Ma-I has been acknowledged as a project with "no leakage" of CO2 from the sub-seabed storage in GHG inventories of Japan. With regard to the other four projects, they have been acknowledged as projects whose CO2 leakage from the subsurface storage is "considered insignificant" in GHG inventories of Japan.
Then, what legal liabilities apply to the CO2 geological storage in the above existing projects under current Japanese law?
Legal liabilities of CO2 geological storage can be classified into three types; "Safety Liability," "Civil Liability," and "Climate Change Liability."
"Safety Liability" herein means the liability to implement the necessary measures to secure the safety of and prevent pollution from CO2 geological storage.
"Civil Liability" herein means the liability for third party damages caused by unexpected accidents due to geological CO2 storage.
"Climate Change Liability" herein means the liability for the CO2 emissions caused by leakage from the geological storage.
I will explain such concepts of "Safety Liability," "Civil Liability," and "Climate Change Liability," paying attention to the differences among cases of CO2EOR, pure CCS, and sub-seabed and onshore subsurface, and will consider which liabilities could be too excessive for the private sector to take, and should be transferred to public institutions.
