Cookies help us run our site more efficiently.

By clicking “Accept”, you agree to the storing of cookies on your device to enhance site navigation, analyze site usage, and assist in our marketing efforts. View our Privacy Policy for more information or to customize your cookie preferences.

Leakage is a risk with carbon storage projects – NZ’s new framework must be clear on how to deal with this liability

News Feed
Sunday, March 2, 2025

Shutterstock/Oksana BaliThe government recently announced a framework to regulate carbon capture, utilisation and storage (CCUS) by New Zealand companies. Energy and Climate Change Minister Simon Watts outlined new rules that would allow emitters to capture their carbon dioxide (CO₂) emissions and inject them underground for permanent disposal. They would then avoid having to pay for those emissions under the Emissions Trading Scheme. Globally, CCUS is currently used mostly by coal or gas-fired power stations, liquefied natural gas plants and petroleum refineries. There are 41 commercial operations around the world, and they capture about 40 million tonnes of CO₂ annually. Our peers (Australia, the United States and the European Union) already have CCUS frameworks and storage projects. The Intergovernmental Panel on Climate Change acknowledges CCUS’s role in curbing emissions, but highlights challenges in scaling and technology readiness. New Zealand faces the challenge of reducing emissions from strategic industries such as steel, concrete, fossil fuels and their derivatives (methanol, ammonia). CCUS has been tabled as an interim solution, strongly supported by the fossil fuel industry. However, critics warn it could reduce incentives to phase out fossil fuels. The government argues its CCUS framework aligns New Zealand with international standards. This claim has merit insofar as successful climate action is likely to require international collaboration and technology transfer. CCUS in New Zealand could enable reinjection of CO₂ produced from the Kapuni gas field in Taranaki, with “utilisation” involving diverting some of the gas for use in the food and beverage or horticulture industries. However, leakage of CO₂ from long-term disposal sites is a major technical risk and New Zealand’s framework must be clear on how it would deal with this liability. A bubbling sping near Lake Boehmer emits noxious fumes. Elizabeth Conley/Houston Chronicle via Getty Images Lake Boehmer and how things might go wrong Rules for CCUS projects generally require operators to monitor, report and remedy any leakage of CO₂. But because the industry is young, it is useful to take a broader look at geological leakage in the past to reveal how future challenges play out. Lake Boehmer, in the the Permian Basin of West Texas, wasn’t always there. But 20 years ago an old irrigation well started leaking saltwater and hasn’t stopped since. The well was drilled in 1951 by an oil and gas company. No oil was discovered so the well was handed over to the landowner for irrigation. The well produced water, but also poisonous hydrogen sulphide, enough to kill a farmhand in 1953. In the 1990s, the well started leaking. Water from a deep aquifer had pushed its way up alongside the well through geological layers of salt. The water dissolved the salt, worsening the leak, and emerged from underground three times saltier than seawater. The Railroad Commission, which regulates the oil and gas industry in Texas, says they are not liable to plug the well because they only have jurisdiction over oil wells. The original operator, which is claimed to have promised to plug the well “any time it becomes polluted with mineral water”, is no longer in business. No one can find the landowner. After 20 years, Lake Boehmer has grown to 60 acres. Its shore is rimmed in salt crystals and the odd dead bird from hydrogen sulphide exposure. No one can agree who should fix it. Could something similar happen with CCUS? Exacerbating factors in the Boehmer case include deterioration of an aged well – it’s almost 50 years since leakage started – and the absence of a backstop party as the final holder of liability. Both could happen with CCUS under the wrong circumstances. Better ways of dealing with leakage The Decatur CCUS project in the US state of Illinois has been injecting CO₂ produced from corn ethanol two kilometres deep into sandstone. Over about a decade, 4.5 million tonnes of CO₂ has been injected – emissions diverted from the atmosphere. The US government imposes strict monitoring rules on CCUS projects. Special monitoring wells are drilled into the disposal aquifer to measure pressure changes and how far the CO₂ has travelled. Unfortunately, one of these wells started to leak, possibly due to corrosion. It allowed about 8,000 tonnes of CO₂ to escape into overlying geological layers. This is rightly concerning, but to put it into perspective, the size of the leak is 0.2% of the injected CO₂ volume and none of it has escaped to the atmosphere or shallow groundwater. The leak was detected, the US Environmental Protection Agency (EPA) intervened, issuing a notice that the leak be remediated, and the company plugged the well. This illustrates a functioning CCUS framework. Monitoring requirements ensured the leak was discovered and the regulator was empowered to dictate remedial action. However, critics have questioned the timeliness of the operator’s disclosure. The site remains on hold but may resume operations if the EPA is satisfied with the fix. Lessons for New Zealand A proposal circulated last year suggests the government will model its legislation on Australia and the EU, with CCUS operators being responsible for leaks during disposal operations and for a time after site closure. This is like the Decatur situation. It makes sense for operators to fix leaks because they have the technical expertise and are the direct financial beneficiaries of emissions disposal. It gets trickier on generational time frames. Companies can go out of business or might leave the country. In these cases, the government is liable for long-term leakage and may seek financial security from the operator to cover future costs. A leak arising decades after closure could be more difficult to detect and costly to fix, especially if held up by a protracted fight around liability. This is the Lake Boehmer example. Some CCUS seems inevitable if the world is to meet climate targets. It is therefore important to prepare for the possibility of a leak by having robust practices and clear responsibility. Although it may seem unfair to burden future generations with looking after CO₂ disposal sites, we argue it is preferable to a legacy that has those same climate-warming gases in the atmosphere. David Dempsey receives funding from MBIE for research into carbon dioxide removal. Andrew La Croix receives funding from MBIE for research into carbon dioxide removal.

New Zealand’s government will likely model its carbon capture legislation on Australia and the EU, which means operators are responsible for leaks for a time after a carbon disposal site is closed.

Shutterstock/Oksana Bali

The government recently announced a framework to regulate carbon capture, utilisation and storage (CCUS) by New Zealand companies.

Energy and Climate Change Minister Simon Watts outlined new rules that would allow emitters to capture their carbon dioxide (CO₂) emissions and inject them underground for permanent disposal. They would then avoid having to pay for those emissions under the Emissions Trading Scheme.

Globally, CCUS is currently used mostly by coal or gas-fired power stations, liquefied natural gas plants and petroleum refineries. There are 41 commercial operations around the world, and they capture about 40 million tonnes of CO₂ annually.

Our peers (Australia, the United States and the European Union) already have CCUS frameworks and storage projects. The Intergovernmental Panel on Climate Change acknowledges CCUS’s role in curbing emissions, but highlights challenges in scaling and technology readiness.

New Zealand faces the challenge of reducing emissions from strategic industries such as steel, concrete, fossil fuels and their derivatives (methanol, ammonia). CCUS has been tabled as an interim solution, strongly supported by the fossil fuel industry. However, critics warn it could reduce incentives to phase out fossil fuels.

The government argues its CCUS framework aligns New Zealand with international standards. This claim has merit insofar as successful climate action is likely to require international collaboration and technology transfer.

CCUS in New Zealand could enable reinjection of CO₂ produced from the Kapuni gas field in Taranaki, with “utilisation” involving diverting some of the gas for use in the food and beverage or horticulture industries.

However, leakage of CO₂ from long-term disposal sites is a major technical risk and New Zealand’s framework must be clear on how it would deal with this liability.

A gas reading being taken from a bubbling spring near Lake Boehmer
A bubbling sping near Lake Boehmer emits noxious fumes. Elizabeth Conley/Houston Chronicle via Getty Images

Lake Boehmer and how things might go wrong

Rules for CCUS projects generally require operators to monitor, report and remedy any leakage of CO₂. But because the industry is young, it is useful to take a broader look at geological leakage in the past to reveal how future challenges play out.

Lake Boehmer, in the the Permian Basin of West Texas, wasn’t always there. But 20 years ago an old irrigation well started leaking saltwater and hasn’t stopped since.

The well was drilled in 1951 by an oil and gas company. No oil was discovered so the well was handed over to the landowner for irrigation. The well produced water, but also poisonous hydrogen sulphide, enough to kill a farmhand in 1953.

In the 1990s, the well started leaking. Water from a deep aquifer had pushed its way up alongside the well through geological layers of salt. The water dissolved the salt, worsening the leak, and emerged from underground three times saltier than seawater.

The Railroad Commission, which regulates the oil and gas industry in Texas, says they are not liable to plug the well because they only have jurisdiction over oil wells. The original operator, which is claimed to have promised to plug the well “any time it becomes polluted with mineral water”, is no longer in business. No one can find the landowner.

After 20 years, Lake Boehmer has grown to 60 acres. Its shore is rimmed in salt crystals and the odd dead bird from hydrogen sulphide exposure. No one can agree who should fix it.

Could something similar happen with CCUS? Exacerbating factors in the Boehmer case include deterioration of an aged well – it’s almost 50 years since leakage started – and the absence of a backstop party as the final holder of liability. Both could happen with CCUS under the wrong circumstances.

Better ways of dealing with leakage

The Decatur CCUS project in the US state of Illinois has been injecting CO₂ produced from corn ethanol two kilometres deep into sandstone. Over about a decade, 4.5 million tonnes of CO₂ has been injected – emissions diverted from the atmosphere.

The US government imposes strict monitoring rules on CCUS projects. Special monitoring wells are drilled into the disposal aquifer to measure pressure changes and how far the CO₂ has travelled.

Unfortunately, one of these wells started to leak, possibly due to corrosion. It allowed about 8,000 tonnes of CO₂ to escape into overlying geological layers.

This is rightly concerning, but to put it into perspective, the size of the leak is 0.2% of the injected CO₂ volume and none of it has escaped to the atmosphere or shallow groundwater. The leak was detected, the US Environmental Protection Agency (EPA) intervened, issuing a notice that the leak be remediated, and the company plugged the well.

This illustrates a functioning CCUS framework. Monitoring requirements ensured the leak was discovered and the regulator was empowered to dictate remedial action.

However, critics have questioned the timeliness of the operator’s disclosure. The site remains on hold but may resume operations if the EPA is satisfied with the fix.

Lessons for New Zealand

A proposal circulated last year suggests the government will model its legislation on Australia and the EU, with CCUS operators being responsible for leaks during disposal operations and for a time after site closure.

This is like the Decatur situation. It makes sense for operators to fix leaks because they have the technical expertise and are the direct financial beneficiaries of emissions disposal.

It gets trickier on generational time frames. Companies can go out of business or might leave the country. In these cases, the government is liable for long-term leakage and may seek financial security from the operator to cover future costs.

A leak arising decades after closure could be more difficult to detect and costly to fix, especially if held up by a protracted fight around liability. This is the Lake Boehmer example.

Some CCUS seems inevitable if the world is to meet climate targets. It is therefore important to prepare for the possibility of a leak by having robust practices and clear responsibility.

Although it may seem unfair to burden future generations with looking after CO₂ disposal sites, we argue it is preferable to a legacy that has those same climate-warming gases in the atmosphere.

The Conversation

David Dempsey receives funding from MBIE for research into carbon dioxide removal.

Andrew La Croix receives funding from MBIE for research into carbon dioxide removal.

Read the full story here.
Photos courtesy of

Only three people prosecuted for covering up illegal sewage spills

Employees of water firms who obstruct investigations into spills could face jail, as new rules come into force on FridayWater company bosses have entirely escaped punishment for covering up illegal sewage spills, government figures show, as ministers prepare to bring in a new law threatening them with up to two years in prison for doing so.Only three people have ever been prosecuted for obstructing the Environment Agency in its investigations into sewage spills, officials said, with none of them receiving even a fine. Continue reading...

Water company bosses have entirely escaped punishment for covering up illegal sewage spills, government figures show, as ministers prepare to bring in a new law threatening them with up to two years in prison for doing so.Only three people have ever been prosecuted for obstructing the Environment Agency in its investigations into sewage spills, officials said, with none of them receiving even a fine.Officials said the data shows why the water regulator has found it so difficult to stop illegal spills, which happen when companies dump raw sewage during dry weather. The Environment Agency has identified hundreds of such cases since 2020.Steve Reed, the environment secretary, said: “Bosses must face consequences if they commit crimes – there must be accountability. From today, there will be no more hiding places.“Water companies must now focus on cleaning up our rivers, lakes and seas for good.”Water companies dumped a record amount of sewage into rivers and coastal waters last year, mostly because wet weather threatened to wash sewage back into people’s homes.Data released last month by the Environment Agency revealed companies had discharged untreated effluent for nearly 4m hours during 2024, a slight increase on the previous year.But companies have also illegally dumped sewage during dry weather. Data released to the Telegraph last year under freedom of information rules shows regulators had identified 465 illegal sewage spills since 2020, with a further 154 under investigation as potentially illegal spills.Britain’s polluted waterways became a major issue at last year’s election, with Labour promising to end what it called the “Tory sewage scandal”.Government sources say one reason illegal spills have been allowed to continue is that regulators have faced obstruction when investigating them.In 2019, three employees at Southern Water were convicted of hampering the Environment Agency when it was trying to collect data as part of an investigation into raw sewage spilled into rivers and on beaches in south-east England.The maximum punishment available in that case was a fine, but none of the individuals were fined. Several of the employees said at the time they were told by the company solicitor not to give data to the regulator.Two years later, Southern was given a £90m fine after pleading guilty to thousands of illegal discharges of sewage over a five-year period.New rules coming into force on Friday will give legal agencies the power to bring prosecutions in the crown court against employees for obstructing regulatory investigations, with a maximum sanction of imprisonment.Directors and executives can be prosecuted if they have consented to or connived with that obstruction, or allowed it to happen through neglect.The rules were included in the Water (Special Measures) Act, which came into law in February. The act also gives the regulator new powers to ban bonuses if environmental standards are not met and requires companies to install real-time monitors at every emergency sewage outlet.Philip Duffy, the chief executive of the Environment Agency, said: “The act was a crucial step in making sure water companies take full responsibility for their impact on the environment.“The tougher powers we have gained through this legislation will allow us, as the regulator, to close the justice gap, deliver swifter enforcement action and ultimately deter illegal activity.“Alongside this, we’re modernising and expanding our approach to water company inspections – and it’s working. More people, powers, better data and inspections are yielding vital evidence so that we can reduce sewage pollution, hold water companies to account and protect the environment.”

Indians Battle Respiratory Issues, Skin Rashes in World's Most Polluted Town

By Tora AgarwalaBYRNIHAT, India (Reuters) - Two-year-old Sumaiya Ansari, a resident of India's Byrnihat town which is ranked the world's most...

BYRNIHAT, India (Reuters) - Two-year-old Sumaiya Ansari, a resident of India's Byrnihat town which is ranked the world's most polluted metropolitan area by Swiss Group IQAir, was battling breathing problems for several days before she was hospitalised in March and given oxygen support.She is among many residents of the industrial town on the border of the northeastern Assam and Meghalaya states - otherwise known for their lush, natural beauty - inflicted by illnesses that doctors say are likely linked to high exposure to pollution.Byrnihat's annual average PM2.5 concentration in 2024 was 128.2 micrograms per cubic meter, according to IQAir, over 25 times the level recommended by the WHO.PM2.5 refers to particulate matter measuring 2.5 microns or less in diameter that can be carried into the lungs, causing deadly diseases and cardiac problems."It was very scary, she was breathing like a fish," said Abdul Halim, Ansari's father, who brought her home from hospital after two days.According to government data, the number of respiratory infection cases in the region rose to 3,681 in 2024 from 2,082 in 2022."Ninety percent of the patients we see daily come either with a cough or other respiratory issues," said Dr. J Marak of Byrnihat Primary Healthcare Centre. Residents say the toxic air also causes skin rashes and eye irritation, damages crops, and restricts routine tasks like drying laundry outdoors."Everything is covered with dust or soot," said farmer Dildar Hussain.Critics say Byrnihat's situation reflects a broader trend of pollution plaguing not just India's cities, including the capital Delhi, but also its smaller towns as breakneck industrialisation erodes environmental safeguards.Unlike other parts of the country that face pollution every winter, however, Byrnihat's air quality remains poor through the year, government data indicates.Home to about 80 industries - many of them highly polluting - experts say the problem is exacerbated in the town by other factors like emissions from heavy vehicles, and its "bowl-shaped topography"."Sandwiched between the hilly terrain of Meghalaya and the plains of Assam, there is no room for pollutants to disperse," said Arup Kumar Misra, chairman of Assam's pollution control board.The town's location has also made a solution tougher, with the states shifting blame to each other, said a Meghalaya government official who did not want to be named.Since the release of IQAir's report in March, however, Assam and Meghalaya have agreed to form a joint committee and work together to combat Byrnihat's pollution.(Reporting by Tora Agarwala; Writing by Sakshi Dayal; Editing by Raju Gopalakrishnan)Copyright 2025 Thomson Reuters.

UK government report calls for taskforce to save England’s historic trees

Exclusive: Ancient oaks ‘as precious as stately homes’ could receive stronger legal safeguards under new proposalsAncient and culturally important trees in England could be given legal protections under plans in a UK government-commissioned report.Sentencing guidelines would be changed under the plans so those who destroy important trees would face tougher criminal penalties. Additionally, a database of such trees would be drawn up, and they could be given automatic protections, with the current system of tree preservation orders strengthened to accommodate this.In 2020, the 300-year-old Hunningham Oak near Leamington was felled to make way for infrastructure projects.In 2021, the Happy Man tree in Hackney, which the previous year had won the Woodland Trust’s tree of the year contest, was felled to make way for housing development.In 2022, a 600-year-old oak was felled in Bretton, Peterborough, which reportedly caused structural damage to nearby property.In 2023, 16 ancient lime trees on The Walks in Wellingborough, Northamptonshire, were felled to make way for a dual carriageway. Continue reading...

Ancient and culturally important trees in England could be given legal protections under plans in a UK government-commissioned report.Sentencing guidelines would be changed under the plans so those who destroy important trees would face tougher criminal penalties. Additionally, a database of such trees would be drawn up, and they could be given automatic protections, with the current system of tree preservation orders strengthened to accommodate this.There was an outpouring of anger this week after it was revealed that a 500-year-old oak tree in Enfield, north London, was sliced almost down to the stumps. It later emerged it had no specific legal protections, as most ancient and culturally important trees do not.After the Sycamore Gap tree was felled in 2023, the Department of Environment, Food and Rural Affairs asked the Tree Council and Forest Research to examine current protections for important trees and to see if they needed to be strengthened. The trial of two men accused of felling the Sycamore Gap tree is due to take place later this month at Newcastle crown court.The report, seen by the Guardian, found there is no current definition for important trees, and that some of the UK’s most culturally important trees have no protection whatsoever. The researchers have directed ministers to create a taskforce within the next 12 months to clearly define “important trees” and swiftly prepare an action plan to save them.Defra sources said ministers were evaluating the findings of the report.Jon Stokes, the director of trees, science and research at the Tree Council, said: “Ancient oaks can live up to 1,000 years old and are as precious as our stately homes and castles,” Stokes explained. “Our nation’s green heritage should be valued and protected and we will do everything we can to achieve this.”Currently, the main protection for trees is a tree preservation order (TPO), which is granted by local councils. Failing to obtain the necessary consent and carrying out unauthorised works on a tree with a TPO can lead to a fine of up to £20,000.The Woodland Trust has called for similar protections, proposing the introduction of a list of nationally important heritage trees and a heritage TPO that could be used to promote the protection and conservation of the country’s oldest and most important trees. The charity is using citizen science to create a database of ancient trees.The report’s authors defined “important trees” as shorthand for “trees of high social, cultural, and environmental value”. This includes ancient trees, which are those that have reached a great age in comparison with others of the same species, notable trees connected with specific historic events or people, or well-known landmarks. It could also include “champion trees”, which are the largest individuals of their species in a specific geographical area, and notable trees that are significant at a local scale for their size or have other special features.Richard Benwell, the CEO of the environmental group Wildlife and Countryside Link, said: “Ancient trees are living monuments. They are bastions for nature in an increasingly hostile world and home to a spectacular richness of wildlife. We cannot afford to keep losing these living legends if we want to see nature thrive for future generations. The government should use the planning and infrastructure bill to deliver strict protection for ancient woodlands, veteran trees, and other irreplaceable habitats.”Felled ancient trees In 2020, the 300-year-old Hunningham Oak near Leamington was felled to make way for infrastructure projects. In 2021, the Happy Man tree in Hackney, which the previous year had won the Woodland Trust’s tree of the year contest, was felled to make way for housing development. In 2022, a 600-year-old oak was felled in Bretton, Peterborough, which reportedly caused structural damage to nearby property. In 2023, 16 ancient lime trees on The Walks in Wellingborough, Northamptonshire, were felled to make way for a dual carriageway.

L.A. will set aside $3 million to help owners of fire-damaged homes test their soil for lead

The L.A. County Board of Supervisors approved a proposal to allocate $3 million to help owners of fire-damaged homes test their soil for lead.

The Los Angeles County Board of Supervisors will allocate $3 million to help homeowners near the Eaton burn area test for lead contamination, after preliminary tests found elevated levels of the heavy metal on homes standing after the fire.Supervisors Kathryn Barger and Lindsey Horvath proposed the motion after preliminary test results released last week by the Los Angeles County Department of Public Health showed lead levels above state health standards in as many as 80% of soil samples collected downwind of the Eaton burn scar.On Tuesday, the board voted 4-0 to direct $3 million from the county’s 2018 $134-million settlement with lead-paint manufacturers to test residential properties that are both downwind and within one mile of the Eaton burn scar boundary.Lead is a heavy metal linked to serious health problems including damage to the brain and nervous system, as well as digestive, reproductive and cardiovascular issues, according to the Environmental Protection Agency.Roux Associates, a private testing firm hired by the county, collected samples from 780 properties in both burn zones over four weeks from mid-February to mid-March. It tested for 14 toxic substances commonly found after wildfires: heavy metals such as arsenic and lead; polyaromatic hydrocarbons such as anthracene and napthalene; and dioxins.More than one-third of samples collected within the Eaton burn scar exceeded California’s health standard of 80 milligrams of lead per kilogram of soil, Roux found. Nearly half of samples just outside the burn scar’s boundary had lead levels above the state limit. And downwind of the fire’s boundary, to the southwest, between 70% and 80% of samples surpassed that limit.In the Palisades burn area, tests found little contamination beyond some isolated “hot spots” of heavy metals and polyaromatic hydrocarbons, Roux’s vice president and principal scientist Adam Love said last week.Nichole Quick, chief medical advisor with the L.A. County Department of Public Health, said at the time that officials would be requesting federal and state help to further assess the Palisades hot spots, and working with the county on targeted lead testing in affected areas downwind of the Eaton fire.The county is for now shouldering the responsibility of contaminant testing because, as The Times has reported, the federal government has opted to break from a nearly two-decade tradition of testing soil on destroyed properties cleaned by the U.S. Army Corps of Engineers after fires.After previous wildfires, the Army Corps would first scrape 6 inches of topsoil from cleared properties and then test the ground underneath. If those tests revealed toxic substances still on the property, it would scrape further.After the devastating Camp fire in Paradise in 2018, soil testing of 12,500 properties revealed that nearly one-third still contained dangerous levels of contaminants even after the first 6 inches of topsoil were scraped by federal crews.L.A. County ordered testing from Roux in lieu of that federal testing. So far, the county has announced results only from standing homes, which are not eligible for cleanup from the Army Corps of Engineers; results from land parcels with damaged or destroyed structures are still pending.FEMA’s decision to skip testing after L.A.’s firestorms has frustrated many residents and officials, with some calling for the federal agency to reconsider.“Without adequate soil testing, contaminants caused by the fire can remain undetected, posing risks to returning residents, construction workers, and the environment,” the state’s Office of Emergency Services director Nancy Ward wrote in a February letter to FEMA. “Failing to identify and remediate these fire-related contaminants may expose individuals to residual substances during rebuilding efforts and potentially jeopardize groundwater and surface water quality.”

Suggested Viewing

Join us to forge
a sustainable future

Our team is always growing.
Become a partner, volunteer, sponsor, or intern today.
Let us know how you would like to get involved!

CONTACT US

sign up for our mailing list to stay informed on the latest films and environmental headlines.

Subscribers receive a free day pass for streaming Cinema Verde.
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.