Tort Theory and Liability Rules for Carbon Capture and Storage Projects

This thesis contributes a theoretical perspective on how to deal with the long-term liability issues associated with Carbon Capture and Storage (CCS). CCS is a new technology which may be used as a climate mitigation strategy. Currently, no legislation in Canada deals with long-term liability for CCS operations. All CCS liability issues would be resolved through the existing default liability rules which generally leave liability with the operator. Some question whether this is appropriate which gives rise to some fundamental questions. What are the main theories that justify the imposition of liability? Do the different liability approaches address the long-term liability concerns? Is there a theoretical justification for the different approaches? Should society adopt an alternative to the tort adjudication system? This thesis develops a set of criteria for assessing liability regimes and then applies them in the context of CCS operations.