Science Based Regulation of Arctic Energy Installations (SciBAr Installations)

Lead Research Organisation: Nottingham Trent University
Department Name: Law School

Abstract

This grant will facilitate development of a transdiciplinary network of academics and stakeholders designed to provide a 360 degree review of the governance and regulation of threats and impacts to the environment, industry, local communities and other stakeholders associated with offshore energy installations in the Arctic. The network will examine the degree to which the physical sciences, technology and engineering must and can influence regulation and governance to ensure sustainability of Arctic activities.
As Arctic sea ice melts opportunities open up to use offshore installations in the extraction of oil and gas or to generate renewable energy through wind or wave power, or ocean thermal energy conversion. Given the relatively low level of activity in the Arctic and given that some similar issues arise with all types of installation, the network will focus equally on all types of installation regardless of purpose. High profile accidents elsewhere in the world, such as the Deepwater Horizon blow-out in 2010, highlight the risks of harm that these activities bring with them. These include, risks to the environment through pollution or habitat changes and to local communities of interference with the ways in which they secure their livelihoods e.g. through fishing or tourism. In the Arctic the risks are particularly pronounced because the species found there are highly cold adapted and specialized species, the ecosystems unique and our understanding of these species and ecosystems even more limited than it is in relation to the oceans more generally. In addition extreme health and safety risks for workers arise due to the remoteness and inaccessibility of the ice-laden environment in which installations will be placed. The energy industry also faces risks, such as, of operating in a rapidly changing regulatory context as seen in the USA where Presidential orders have changed the regulatory context rapidly since 2015 and continuing today.
Greater certainty in regulation and governance at the international and national levels would benefit all stakeholders as would more detailed regulations based upon sound science designed with the Arctic context in mind. We do not, however, have this, instead we have, global treaties such as the UN Convention of the Law of the Sea 1982 (UNCLOS), which are designed to be applicable in all areas of the oceans from the Caribbean to the Arctic and do not regulate in any detail the specific challenges found in the Arctic such as addressing an oil spill in an icebound area. We also have some Arctic specific treaties, but their focus is narrow, addressing, for example, fisheries rather than all Arctic activities. While the Arctic Council provides a forum for the development of non-binding policies and programmes of action designed for the Arctic, the measures it adopts are generally unenforceable. And while it has recently facilitated the development of 2 treaties, there is no guarantee of more binding laws to come, or indeed that they would address regulation of offshore energy installations.
This network is being established to research and test the design of best regulation based on scientific evidence regarding the Arctic environment and to model best governance systems for the delivery of such regulation in the future. Its starting point is to map the current understanding of threats and impacts from and to offshore energy installations in the Arctic. The network will be developed through targeted invitations to specific academics, stakeholders, policy makers and regulators to participate in the network and in two workshops designed to develop that network. A web page will be established to facilitate ongoing communications between the network participants and distribution of findings of research more generally. The key impacts from future work of the network will be evidence-based regulation delivered through stronger governance systems.

Planned Impact

The end users of the research outputs from SciBAr Installations will be the governments of the Arctic coastal States (Canada, USA, Russia, Norway, Iceland, Greenland/Denmark) and of States with interests in the Arctic such as the United Kingdom; intergovernmental organisations active in regulating Arctic activities, such as the Arctic Council and the OSPAR Commission (which oversees the implementation of the Convention for Protection of the North-East Atlantic including some Arctic waters) and bodies such as the European Union, which have expressed an interest in protecting Arctic waters and their flora and fauna. In addition local authorities in Arctic States may derive benefits from the project.
As a direct result of the establishment of the network, these States, governmental and intergovernmental bodies will benefit from improved connections with experts able to provide advice on scientific understanding of the threats and impacts from and to offshore energy installations and on actual and potential governance and regulatory responses to these threats and impacts. A key impact for these States, governmental and intergovernmental bodies will be that they gain an improved knowledge of the state of current understanding of these threats and impacts and of (potentially) effective regulatory responses to them and (potentially) effective governance structures to develop future evidence-based regulation. Future projects to be conducted by the network will deliver more detailed understanding on all of these issues.
In addition, industry, such as UK companies BP and Cairn Energy, may benefit from an increased awareness of the risks of and to offshore energy installations in the Arctic and of potential governance and regulatory responses to these risks. This awareness may help them to minimize financial and reputational risks to their operations and to engage more effectively with both existing governance systems and regulatory decision-making. The potential to connect with experts through the network to provide advice on projects; on regulatory decision-making and on participation in governance systems may also be of benefit.
Stakeholders ranging from local populations to distant water fishing fleets and environmental NGOs will also benefit from gaining a greater understanding of both the threats and impacts from and to offshore energy installations and may be able to use this understanding to participate more effectively in existing governance and regulatory decision-making. In addition, future benefits from projects conducted by the network subsequent to its development through this grant may include the implementation of evidence-based regulation leading to fewer pollution incidents so preserving fish stock for capture and consumption. Thus the fishing industry's profits may be preserved or improved as may nutrition and thus health of local populations.

Publications

10 25 50
 
Description The key objective of this funding was to support the establishment of a research network focussed on science based regulation of offshore energy installations. The network was established, two workshops were held which led to the development of new research collaborations and published papers.
The key findings were
1. that the significant gaps in knowledge and understanding of the marine environment raised the possibility that legal liability could attach to States or to companies exploiting oil and gas in the Arctic in circumstances which would not normally give rise to liability. This may be because of a misunderstanding of the causes of environmental change within the Arctic Ocean leading to changes being attributed to offshore oil and gas activities when in fact the cause is located elsewhere. It may also be because pollutants are trapped in ice and transported several hundred miles before being released in a "pollution incident" where in other oceans the same pollutants would either be dispersed or degraded close to the installation emitting them;
2. the problem that the industry is too focused on preparedness and response, but not enough on prevention. This is problematic as any oil incident could have a significant impact on the health of the Arctic environment unless preventive measures and timely responses are implemented.
3. largely the same threats and impacts could and would arise at each stage in the lifecycle of offshore installations. Where these threats and impacts would differ would be in the degree of impact (or possible impact). It was agreed that many if not most of the threats and impacts likely to arise would likely be less significant at the exploration stage than at the exploitation and decommissioning stages.
Exploitation Route The findings can inform the development of further policy and regulation of offshore energy installations in the Arctic. They point to key gaps in understanding around the precise impact that installations may have on the Arctic marine ecosystem and so to areas where further research to inform the development of policy and regulation is required. They also point to key challenges that need to be addressed in regulation. The latter include ensuring that regulation is not weakened to enable exploitation to go ahead and in developing better regulation to ensure that oil spills or other pollution incidents do not occur in the Arctic.
In addition the findings are of use to the energy and transport sectors in pointing to risks of liability arising which may not arise elsewhere. They are also of use in the environment sector in pointing to areas where further regulation is necessary to protect the Arctic marine ecosystem.
Sectors Energy,Environment,Government, Democracy and Justice,Transport

URL https://www.scibarinstallations.org.uk/
 
Description The findings of this project have helped inform the development of law and policy at UK, Scottish and international levels. At the UK level Kirk's submission to the UK Parliament, House of Commons, Environmental Audit Committee Inquiry on 'the Changing Artic' (2018) published on the UK parliamentary website http://data.parliament.uk/writtenevidence/committeeevidence.svc/evidencedocument/environmental-audit-committee/the-changing-arctic/written/82868.pdf Contributed to the development of the UK's Arctic policy. At the Scottish level, Kirk's article "Governance and Influence in the Arctic" was published in a special issue of The Geographer (Winter 2018) designed to influence the policy of the Scottish government as well as informing the wider public. At the international level, Kirk's participation in the "Law, Policy, Science and Business, Roundtable" Arctic Circle Assembly, Reykjavik October 2018 contributed to Arctic policy making by States interested in that geographical location. The panel brought together policy makers, business and Academic to discuss future policy for Arctic governance. The findings from this research have also helped inform public debate through Kirk's interview as part of the BBC Radio 3 Arts and Ideas Green Thinking: Law Podcast which placed discussion of the findings in the context of wider issues of climate change.
First Year Of Impact 2018
Sector Environment
Impact Types Societal,Policy & public services

 
Description Kirk Individual Response to the Environmental Audit Committee "The Changing Arctic" Inquiry submitted May 2018
Geographic Reach National 
Policy Influence Type Contribution to a national consultation/review
URL https://www.parliament.uk/business/committees/committees-a-z/commons-select/environmental-audit-comm...
 
Description Consortium of Researchers & Experts in Aquatic & Marine Ecosystems (Pollution & Contamination) 
Organisation Macquarie University
Country Australia 
Sector Academic/University 
PI Contribution Prof Tina Hunter leads the consortium and the Oil Spills Research Group and has brought her expertise in regulatory matters to it, as well as her experience in leading interdisciplinary teams.
Collaborator Contribution The Russian collaborators provided field data collection, expertise and sample processing. They also brought several other Russian scientists to ensure that the group has expertise in necessary areas.
Impact Climate change and Arctic petroleum activities: challenging regulatory norms and changing legal education Soliman Hunter, T., 27 Feb 2021. Regulating oil and gas exploration and production in the Arctic Soliman Hunter, T., 2021, Energy law, climate change and the environment. Roggenkamp, M. M., de Graaf, K. J. & Fleming, R. C. (eds.). Cheltenham, UK ; Northampton, MA, USA: Edward Elgar Publishing, p. 302-312 11 p. (Elgar Encyclopedia of Environmental Law; vol. 9). Research output: Evidence for microplastics contamination of the remote tributary of the Yenisei River, Siberia: the pilot study results Frank, Y. A., Vorobiev, D. S., Kayler, O. A., Vorobiev, E. D., Kulinicheva, K. S., Trifonov, A. A. & Soliman Hunter, T., Nov 2021, In: Water. 13, 22, p. 1-13 13 p., 3248. Preliminary screening for microplastic concentrations in the surface water of the Ob and Tom Rivers in Siberia, Russia Frank, Y. A., Vorobiev, E. D., Vorobiev, D. S., Trifonov, A. A., Antsiferov, D. V., Soliman Hunter, T., Wilson, S. P. & Strezov, V., Jan 2021, In: Sustainability. 13, 1, p. 1-14 14 p., 80. Cleaning of oil-polluted bottom sediments of the boreal lake, Samotlor oil field, North Russia: case report Frank, Y. A., Vorobiev, D. S., Merzlyakov, O. E., Sataev, F. R., Trifonov, A. A., Kopylov, E. O., Stryluk, K. V., Kalinovskaya, E. A., Gronskiy, S. V., Chibrikov, O. V., Perminova, V. V., Branevskiy, Y. V., Kulizhskiy, S. P. & Soliman Hunter, T., 15 Dec 2020, In: Water Science and Technology. 82, 12, p. 3062-3073 12 p. The collaboration is multi-disciplinary and brings together Law and Biological Sciences
Start Year 2019
 
Description Consortium of Researchers & Experts in Aquatic & Marine Ecosystems (Pollution & Contamination) 
Organisation Murmansk Marine Biological Institute
Country Russian Federation 
Sector Public 
PI Contribution Prof Tina Hunter leads the consortium and the Oil Spills Research Group and has brought her expertise in regulatory matters to it, as well as her experience in leading interdisciplinary teams.
Collaborator Contribution The Russian collaborators provided field data collection, expertise and sample processing. They also brought several other Russian scientists to ensure that the group has expertise in necessary areas.
Impact Climate change and Arctic petroleum activities: challenging regulatory norms and changing legal education Soliman Hunter, T., 27 Feb 2021. Regulating oil and gas exploration and production in the Arctic Soliman Hunter, T., 2021, Energy law, climate change and the environment. Roggenkamp, M. M., de Graaf, K. J. & Fleming, R. C. (eds.). Cheltenham, UK ; Northampton, MA, USA: Edward Elgar Publishing, p. 302-312 11 p. (Elgar Encyclopedia of Environmental Law; vol. 9). Research output: Evidence for microplastics contamination of the remote tributary of the Yenisei River, Siberia: the pilot study results Frank, Y. A., Vorobiev, D. S., Kayler, O. A., Vorobiev, E. D., Kulinicheva, K. S., Trifonov, A. A. & Soliman Hunter, T., Nov 2021, In: Water. 13, 22, p. 1-13 13 p., 3248. Preliminary screening for microplastic concentrations in the surface water of the Ob and Tom Rivers in Siberia, Russia Frank, Y. A., Vorobiev, E. D., Vorobiev, D. S., Trifonov, A. A., Antsiferov, D. V., Soliman Hunter, T., Wilson, S. P. & Strezov, V., Jan 2021, In: Sustainability. 13, 1, p. 1-14 14 p., 80. Cleaning of oil-polluted bottom sediments of the boreal lake, Samotlor oil field, North Russia: case report Frank, Y. A., Vorobiev, D. S., Merzlyakov, O. E., Sataev, F. R., Trifonov, A. A., Kopylov, E. O., Stryluk, K. V., Kalinovskaya, E. A., Gronskiy, S. V., Chibrikov, O. V., Perminova, V. V., Branevskiy, Y. V., Kulizhskiy, S. P. & Soliman Hunter, T., 15 Dec 2020, In: Water Science and Technology. 82, 12, p. 3062-3073 12 p. The collaboration is multi-disciplinary and brings together Law and Biological Sciences
Start Year 2019
 
Description Consortium of Researchers & Experts in Aquatic & Marine Ecosystems (Pollution & Contamination) 
Organisation Northern (Arctic) Federal University
Country Russian Federation 
Sector Academic/University 
PI Contribution Prof Tina Hunter leads the consortium and the Oil Spills Research Group and has brought her expertise in regulatory matters to it, as well as her experience in leading interdisciplinary teams.
Collaborator Contribution The Russian collaborators provided field data collection, expertise and sample processing. They also brought several other Russian scientists to ensure that the group has expertise in necessary areas.
Impact Climate change and Arctic petroleum activities: challenging regulatory norms and changing legal education Soliman Hunter, T., 27 Feb 2021. Regulating oil and gas exploration and production in the Arctic Soliman Hunter, T., 2021, Energy law, climate change and the environment. Roggenkamp, M. M., de Graaf, K. J. & Fleming, R. C. (eds.). Cheltenham, UK ; Northampton, MA, USA: Edward Elgar Publishing, p. 302-312 11 p. (Elgar Encyclopedia of Environmental Law; vol. 9). Research output: Evidence for microplastics contamination of the remote tributary of the Yenisei River, Siberia: the pilot study results Frank, Y. A., Vorobiev, D. S., Kayler, O. A., Vorobiev, E. D., Kulinicheva, K. S., Trifonov, A. A. & Soliman Hunter, T., Nov 2021, In: Water. 13, 22, p. 1-13 13 p., 3248. Preliminary screening for microplastic concentrations in the surface water of the Ob and Tom Rivers in Siberia, Russia Frank, Y. A., Vorobiev, E. D., Vorobiev, D. S., Trifonov, A. A., Antsiferov, D. V., Soliman Hunter, T., Wilson, S. P. & Strezov, V., Jan 2021, In: Sustainability. 13, 1, p. 1-14 14 p., 80. Cleaning of oil-polluted bottom sediments of the boreal lake, Samotlor oil field, North Russia: case report Frank, Y. A., Vorobiev, D. S., Merzlyakov, O. E., Sataev, F. R., Trifonov, A. A., Kopylov, E. O., Stryluk, K. V., Kalinovskaya, E. A., Gronskiy, S. V., Chibrikov, O. V., Perminova, V. V., Branevskiy, Y. V., Kulizhskiy, S. P. & Soliman Hunter, T., 15 Dec 2020, In: Water Science and Technology. 82, 12, p. 3062-3073 12 p. The collaboration is multi-disciplinary and brings together Law and Biological Sciences
Start Year 2019
 
Description Consortium of Researchers & Experts in Aquatic & Marine Ecosystems (Pollution & Contamination) 
Organisation Tomsk State University
Country Russian Federation 
Sector Academic/University 
PI Contribution Prof Tina Hunter leads the consortium and the Oil Spills Research Group and has brought her expertise in regulatory matters to it, as well as her experience in leading interdisciplinary teams.
Collaborator Contribution The Russian collaborators provided field data collection, expertise and sample processing. They also brought several other Russian scientists to ensure that the group has expertise in necessary areas.
Impact Climate change and Arctic petroleum activities: challenging regulatory norms and changing legal education Soliman Hunter, T., 27 Feb 2021. Regulating oil and gas exploration and production in the Arctic Soliman Hunter, T., 2021, Energy law, climate change and the environment. Roggenkamp, M. M., de Graaf, K. J. & Fleming, R. C. (eds.). Cheltenham, UK ; Northampton, MA, USA: Edward Elgar Publishing, p. 302-312 11 p. (Elgar Encyclopedia of Environmental Law; vol. 9). Research output: Evidence for microplastics contamination of the remote tributary of the Yenisei River, Siberia: the pilot study results Frank, Y. A., Vorobiev, D. S., Kayler, O. A., Vorobiev, E. D., Kulinicheva, K. S., Trifonov, A. A. & Soliman Hunter, T., Nov 2021, In: Water. 13, 22, p. 1-13 13 p., 3248. Preliminary screening for microplastic concentrations in the surface water of the Ob and Tom Rivers in Siberia, Russia Frank, Y. A., Vorobiev, E. D., Vorobiev, D. S., Trifonov, A. A., Antsiferov, D. V., Soliman Hunter, T., Wilson, S. P. & Strezov, V., Jan 2021, In: Sustainability. 13, 1, p. 1-14 14 p., 80. Cleaning of oil-polluted bottom sediments of the boreal lake, Samotlor oil field, North Russia: case report Frank, Y. A., Vorobiev, D. S., Merzlyakov, O. E., Sataev, F. R., Trifonov, A. A., Kopylov, E. O., Stryluk, K. V., Kalinovskaya, E. A., Gronskiy, S. V., Chibrikov, O. V., Perminova, V. V., Branevskiy, Y. V., Kulizhskiy, S. P. & Soliman Hunter, T., 15 Dec 2020, In: Water Science and Technology. 82, 12, p. 3062-3073 12 p. The collaboration is multi-disciplinary and brings together Law and Biological Sciences
Start Year 2019
 
Description "Governance and Influence in the Arctic" The Geographer Magazine Winter 2018 
Form Of Engagement Activity A magazine, newsletter or online publication
Part Of Official Scheme? No
Geographic Reach Regional
Primary Audience Professional Practitioners
Results and Impact Article on Governance and Influence in the Arctic published in the Geographer Magazine, Winter 2018. The article outlines existing governance structures and the ways in which non-Arctic States can be engaged in Arctic policymaking. The Winter 2018 issue of the Geographer Magazine, was specifically commissioned to provide policy relevant advice to the Scottish Government which is developing its Arctic policy.
Year(s) Of Engagement Activity 2018
URL https://rsgs.org/exploring-geography/publications/geographer-archive/
 
Description BBC Radio 3 Podcast 
Form Of Engagement Activity A broadcast e.g. TV/radio/film/podcast (other than news/press)
Part Of Official Scheme? No
Geographic Reach National
Primary Audience Public/other audiences
Results and Impact Prof EA Kirk was interviewed for an episode of the BBC 3 Green Thinking Podcast. The episode focussed on climate change and was timed to fit with COP 26 in Glasgow. The podcast provided an opportunity to disseminate findings from this research project and present it to the public in a format and context that made the findings accessible
Year(s) Of Engagement Activity 2021
URL https://www.bbc.co.uk/programmes/p0b1klll
 
Description Invited Talk -"Responding to Uncertainty in Arctic Offshore Oil and Gas" University of Bristol, Cabot Centre Annual Seminar Series, Speaker May 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Geographic Reach Regional
Primary Audience Postgraduate students
Results and Impact Presentation to students and staff from across University of Bristol as well as members of the public on the role of law in addressing environmental change and changes in uses of resources in the Arctic.
Year(s) Of Engagement Activity 2019
 
Description Responding to Uncertainty in the Arctic Through Science and Law presentation at Strathclyde Centre for Environmental Law and Governance "Ocean Law and Governance for 2020-2030 and Beyond" 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Geographic Reach National
Primary Audience Professional Practitioners
Results and Impact Kirk presented a paper on Responding to Uncertainty in the Arctic Through Science and Law at the Strathclyde Centre for Environmental Law and Governance "Ocean Law and Governance for 2020-2030 and Beyond" in December 2018. The presentation was based on the paper by Kirk and Miller in the Arctic Yearbook 2018.
Year(s) Of Engagement Activity 2018
 
Description Roundtable Panelist in the Policy, Science and Industry Roundtable at the Arctic Circle Assembly October 2018 
Form Of Engagement Activity A talk or presentation
Part Of Official Scheme? No
Geographic Reach International
Primary Audience Policymakers/politicians
Results and Impact The Roundtable discussion focussed on the relations between policy, science and industry in the Arctic and took place at the Arctic Circle Assembly 2018. The Assembly brings together high level politicians (government ministers), local authority representatives, civil servants, industry representatives and academics from a wide range of disciplines from physical sciences and engineering to fine art. The Roundtable discussions focussed on the relations between the three "areas" policy and policy making, science and industry. Kirk's contribution drew in the role of law in mediating the relations between science and industry as interest groups and policy makers.
Panelists were asked to respond to pre-set questions before the floor was opened for further discussion.
Year(s) Of Engagement Activity 2018
URL http://www.arcticcircle.org/