The Civil Liability of the Brazilian State for Environmental Risks of Geological Carbon Sequestration

Abstract

This study seeks to define key aspects of the civil liability of the State for environmental damage caused by the emissions reduction methodology known as geological carbon sequestration. Its supplementary objectives include addressing Brazil’s environmental conditions as an emerging country and the specific elements characterising geological sequestration in light of the Brazilian legal framework. The research is based on national and foreign environmental law scholarship, reports from international organisations on climate change and emissions reduction projects, and online resources from global forums on carbon sequestration and its benefits in combating global warming.

The research findings indicate the objective nature of the State’s liability for acts of commission or omission in exercising its oversight of technologies implemented on national territory. The study also concludes that considerations regarding carbon sequestration under Brazilian law may change if a new regulatory framework is adopted, specifically for invasive emissions reduction technologies. However, the general — and especially constitutional — principles for determining liability between public and private actors will, as this academic work underscores, remain valid within the Brazilian legal system.