1. Introduction

Hydrogen is increasingly being treated as an important energy carrier for decarbonising sectors such as steel, fertilisers, refining, heavy transport, shipping and long-duration energy storage. However, the development of a hydrogen economy depends not only on production but also on the ability to transport, store, distribute and deliver hydrogen safely and economically.

Hydrogen can be transported through dedicated pipelines, converted into liquid hydrogen, carried in compressed-gas cylinders or tube trailers, or transported indirectly through carriers such as ammonia and liquid organic hydrogen carriers. Storage may occur in above-ground tanks, pressurised vessels, cryogenic systems, pipelines (linepack), or potentially underground salt caverns.

The legal regime therefore has to address several interconnected questions:

Who may construct and operate hydrogen pipelines?

What licences and planning approvals are required?

What technical and safety standards apply?

Who owns or controls transport and storage infrastructure?

Can third parties obtain access to pipelines and storage?

How are tariffs and capacity allocated?

What environmental and land-use approvals are required?

Who bears liability for leaks, explosions, contamination or accidents?

How should cross-border hydrogen transportation be regulated?

There is currently no single universal hydrogen transport and storage law. Instead, regulation is developing through a combination of energy legislation, pipeline law, dangerous-goods regulation, environmental law, planning law, technical standards and hydrogen-specific legislation.

2. Nature of Hydrogen Transport and Storage Regulation

Hydrogen transport and storage law can broadly be divided into five layers:

A. Infrastructure regulation

This governs:

pipelines;

compressor stations;

terminals;

liquefaction facilities;

tube trailers;

storage tanks;

underground storage;

ports and export facilities.

B. Safety regulation

Hydrogen is highly flammable and has particular technical characteristics requiring specialised safety controls. Regulation therefore covers:

pressure vessels;

leak detection;

ventilation;

separation distances;

emergency shutdown;

pressure relief;

fire protection;

material compatibility;

inspection and maintenance.

C. Market regulation

A mature hydrogen network may require rules dealing with:

third-party access;

tariffs;

capacity allocation;

network codes;

unbundling;

non-discrimination;

market transparency;

congestion management.

D. Environmental and planning regulation

Projects may require:

environmental impact assessment;

land-use permission;

rights of way;

water approvals;

coastal/port permissions;

hazardous-installation approvals;

environmental and ecological assessments.

E. Liability regulation

The legal framework must determine responsibility for:

pipeline rupture;

hydrogen leakage;

explosion or fire;

injury or death;

property damage;

environmental harm;

interruption of supply;

defective equipment.

3. Hydrogen Transport in India

India does not yet have a single comprehensive Hydrogen Transport and Storage Act. Instead, the regulatory framework is developing through the National Green Hydrogen Mission, existing industrial-safety legislation, petroleum and gas regulations, standards, transportation rules and project-specific approvals.

The National Green Hydrogen Mission expressly recognises the importance of supply chains involving pipelines, tankers, intermediate storage facilities and last-mile distribution networks for domestic consumption and exports. (Ministry of New and Renewable Energy)

The Mission also seeks harmonisation of Indian standards with international norms and development of regulatory and safety frameworks for the emerging hydrogen economy. (National Green Mission)

The official Mission standards database currently identifies standards relating to hydrogen storage and transportation, including:

ASME B31.3 — process piping;

API/ANSI 5L — gas transmission and distribution piping;

CGA G-5.5 — hydrogen vent systems;

BS EN 17339 — transportable hydrogen cylinders and tubes;

EN 13458 — cryogenic vessels;

various pressure-relief and compressed-gas standards. (National Green Mission)

The Mission's standards report states that Indian hydrogen regulation covers four broad areas: production, storage and transportation, end-use applications and general safety. (National Green Mission)

4. Pipeline Regulation

Hydrogen pipelines may be either:

dedicated hydrogen pipelines, or

converted/re-purposed natural-gas infrastructure.

The legal issues include:

pipeline route approval;

land acquisition/easements;

construction permission;

technical standards;

pressure management;

inspection;

emergency response;

third-party access;

tariffs;

pipeline ownership;

cross-border transportation.

A major Indian legal question is whether existing natural-gas pipeline legislation can automatically be applied to hydrogen. This cannot simply be assumed because the statutory definitions and regulatory jurisdiction of existing gas legislation may not have been drafted specifically for hydrogen.

Consequently, India is moving toward a more specific standards and approval architecture under the National Green Hydrogen Mission.

5. Storage Regulation

Hydrogen storage creates a distinct regulatory category.

Above-ground storage

This can include:

compressed hydrogen cylinders;

tube trailers;

high-pressure vessels;

liquid hydrogen tanks;

intermediate storage systems.

The principal regulatory concerns are:

pressure;

temperature;

leakage;

fire;

explosion;

material compatibility;

ventilation;

separation distances;

inspection.

Underground storage

Future large-scale hydrogen systems may use:

salt caverns;

depleted reservoirs;

geological formations.

Underground hydrogen storage raises additional legal questions concerning:

ownership of underground formations;

exploration rights;

storage licences;

environmental impact;

groundwater protection;

monitoring;

leakage;

abandonment;

long-term liability.

These issues are becoming particularly significant in Europe and the United Kingdom.

6. European Union Legal Regime

The EU has developed one of the most explicit hydrogen transport and storage regulatory frameworks.

Directive (EU) 2024/1788 establishes common rules for the transport, supply and storage of hydrogen and provides rules concerning authorisation, market organisation, network operation and access to hydrogen infrastructure. (EUR-Lex)

The Directive defines a hydrogen system to include hydrogen networks, hydrogen storage and hydrogen terminals. It also defines hydrogen storage facilities and hydrogen storage operators. (EUR-Lex)

This is important because hydrogen is no longer treated merely as an industrial commodity. The EU framework increasingly treats hydrogen infrastructure as a distinct energy-network sector.

7. Third-Party Access

One of the central principles of modern hydrogen infrastructure regulation is third-party access.

A dominant pipeline or storage operator should not necessarily be permitted to discriminate arbitrarily between users.

The EU framework provides rules concerning access to hydrogen networks and storage. It also requires regulatory authorities to facilitate access to hydrogen storage, with negotiated access arrangements subject to regulatory requirements. (EUR-Lex)

This promotes:

competition;

efficient infrastructure utilisation;

market liquidity;

non-discrimination;

investment certainty.

The EU Regulation also requires transparent and non-discriminatory capacity-allocation mechanisms for hydrogen storage and terminals. (EUR-Lex)

8. Hydrogen Storage Capacity Regulation

Storage capacity can become strategically important because hydrogen production and consumption may occur at different times.

A legal framework therefore needs to regulate:

capacity booking;

allocation;

congestion;

capacity hoarding;

storage contracts;

access refusal;

withdrawal and injection rights.

EU Regulation 2024/1789 specifically provides for maximum storage capacity to be made available to market participants while taking account of system integrity and operational requirements. It also requires transparent and non-discriminatory capacity allocation. (EUR-Lex)

This represents a movement from simply regulating physical safety toward regulating the economic governance of hydrogen infrastructure.

9. Hydrogen Quality and Network Interoperability

Hydrogen pipelines require technical rules concerning:

purity;

pressure;

temperature;

contaminants;

measurement;

metering;

injection;

blending.

Hydrogen quality becomes especially important when different producers inject hydrogen into a common network.

If one producer supplies hydrogen with substantially different characteristics, it can affect:

industrial equipment;

fuel cells;

compressors;

pipelines;

storage facilities;

metering systems.

Therefore, hydrogen network codes and quality standards are likely to become increasingly important.

10. UK Hydrogen Transport and Storage Regime

The UK has developed a separate policy and regulatory architecture for hydrogen transport and storage.

The UK Government has stated that hydrogen may fall within the definition of “gas” for purposes of the Gas Act 1986, meaning that some regulatory requirements applying to gas transportation, shipping, supply and storage may apply to hydrogen. (GOV.UK)

The UK is also developing strategic planning arrangements for hydrogen transport and storage infrastructure.

The Energy Act 2023 provides specific provisions concerning hydrogen storage revenue-support arrangements. Sections 63 and 64 establish a framework for designating a hydrogen storage counterparty and directing it to enter into contracts with eligible hydrogen storage providers. (Legislation.gov.uk)

This illustrates an important legal development: storage regulation is not limited to safety and licensing; governments may also create revenue-support mechanisms to make large-scale storage commercially viable.

11. Transportation by Road and Other Modes

Hydrogen transported by road creates a different legal regime from pipeline transportation.

Compressed hydrogen may be carried in:

cylinders;

tube trailers;

composite containers.

Liquid hydrogen requires cryogenic containment.

Regulation therefore addresses:

container certification;

pressure limits;

vehicle requirements;

loading and unloading;

dangerous-goods transportation;

route restrictions;

emergency response;

driver training;

labelling.

India's National Green Hydrogen Mission database includes standards specifically addressing transportable hydrogen cylinders and tubes. (National Green Mission)

12. Maritime Hydrogen Transportation

Hydrogen may also be exported in forms such as:

liquid hydrogen;

ammonia;

methanol or other hydrogen carriers.

The legal regime may involve:

port regulation;

maritime safety;

dangerous-goods rules;

vessel standards;

customs law;

international shipping law;

environmental requirements.

The National Green Hydrogen Mission specifically includes shipping among its hydrogen pilot-project areas and identifies supply-chain infrastructure for exports. (Ministry of New and Renewable Energy)

13. Environmental Regulation

Hydrogen transport and storage projects may have significant environmental footprints.

Potential impacts include:

land disturbance;

construction emissions;

groundwater impacts;

noise;

ecological effects;

industrial accident risks;

cumulative infrastructure impacts.

For underground storage, environmental assessment becomes particularly important because the project may involve geological formations and potentially long-term subsurface effects.

The legal principle should therefore be:

Hydrogen infrastructure development must be subject to risk-based environmental assessment proportionate to the scale and location of the project.

14. Case Law

Hydrogen-specific judicial decisions remain relatively limited because dedicated hydrogen infrastructure regulation is comparatively new. Consequently, courts frequently address hydrogen issues through analogous gas-pipeline, hazardous-material, infrastructure and environmental law.

Case 1: Ms. Kamini Jaiswal v. Union of India — Supreme Court of India, 1997

This is an important Indian authority for understanding the safety regulation of high-pressure gas pipelines.

The case arose following a gas leakage from a GAIL high-pressure pipeline. The petitioner alleged that GAIL and ONGC pipelines were unsafe and sought judicial intervention. The Supreme Court considered expert material and safety standards concerning the operation of high-pressure pipelines. (Indian Kanoon)

The case is relevant to hydrogen because hydrogen pipelines will likewise involve:

high pressure;

public safety;

engineering standards;

inspection;

risk assessment;

expert evidence.

Legal significance

The decision demonstrates that courts dealing with technically complex pipeline safety questions are likely to pay close attention to:

expert evidence;

recognised technical standards;

safety-management systems;

corrective measures;

evidence of actual risk.

It provides an important judicial foundation for the principle that technical safety compliance is central to the legality of high-pressure energy infrastructure.

15. GAIL (India) Ltd. v. PNGRB — Supreme Court of India, 2016

In GAIL (India) Ltd. v. Petroleum and Natural Gas Regulatory Board, the Supreme Court considered questions concerning access to pipeline capacity and whether denial of access on a reasonable-efforts basis could constitute discriminatory or restrictive conduct. (Indian Kanoon)

Although the case concerned natural-gas pipelines rather than hydrogen, its principles are relevant to future hydrogen infrastructure.

Relevance to hydrogen

A future hydrogen network may have a small number of infrastructure owners. Without access regulation, those owners could potentially exercise substantial market power.

The case therefore provides useful jurisprudential context for:

common-carrier principles;

third-party access;

non-discrimination;

pipeline capacity;

regulatory authority.

These issues are directly reflected in the modern EU hydrogen network regime.

16. Goyal M.G. Gases Ltd. v. Commissioner of Central Excise

This Indian case is particularly interesting because it directly involved hydrogen transported through a pipeline.

The taxpayer received hydrogen gas through a pipeline, compressed it and filled it into cylinders. The issue was whether this process resulted in the creation of a new product for excise purposes. The Tribunal considered the nature of hydrogen received through the pipeline and the effect of compression and cylinder filling. (Indian Kanoon)

Importance

The case illustrates that hydrogen transported by pipeline and hydrogen subsequently compressed into cylinders can raise different legal questions concerning:

classification;

processing;

compression;

commercial use;

taxation.

Later proceedings involving Goyal M.G. Gases continued to address the legal consequences of receiving hydrogen through pipelines and compressing it into cylinders. (Indian Kanoon)

Although not a safety or infrastructure-licensing case, it is a useful India-specific hydrogen transport precedent.

17. CEO v. Air Products LP — United States Court of Appeals, Fifth Circuit, 2005

In CEO v. Air Products LP, the court considered whether an easement permitting transportation of "oil, petroleum, gas" and related substances included hydrogen.

The Fifth Circuit concluded that the language of the easement was broad enough to permit transportation of hydrogen. (FindLaw)

Legal significance

The case demonstrates the importance of property and easement law for hydrogen pipelines.

Hydrogen pipelines may cross:

private property;

industrial land;

agricultural land;

public land.

Consequently, future hydrogen infrastructure may require detailed rules governing:

rights of way;

compulsory acquisition;

easements;

compensation;

access;

landowner rights.

18. R (HyNot Ltd) v. Secretary of State for Energy Security and Net Zero — UK High Court, 2025

This is an especially significant recent case because the wider project involved hydrogen production, hydrogen transportation and hydrogen storage.

The HyNet cluster included proposals for hydrogen infrastructure, including a proposed approximately 125-km hydrogen pipeline and proposals concerning conversion of underground gas storage infrastructure to hydrogen storage. (Courts and Tribunals Judiciary)

The litigation itself concerned consent for the offshore carbon-dioxide transportation and storage development, rather than granting approval for the hydrogen pipeline or hydrogen storage facilities themselves. The High Court refused permission for judicial review. (Courts and Tribunals Judiciary)

Importance for hydrogen law

The case illustrates how future hydrogen infrastructure can become intertwined with:

environmental impact assessment;

major infrastructure planning;

cumulative effects;

consultation;

geological storage;

public-law review.

It also demonstrates that courts may carefully distinguish between different components of a wider hydrogen/energy cluster rather than automatically treating all connected projects as a single legal development.

19. Liability Regime

Hydrogen transport and storage legislation must establish clear liability rules.

Potential liability can arise from:

Contractual liability

Between:

producer and transporter;

transporter and storage operator;

storage operator and customer;

infrastructure operator and shipper.

Tort liability

For:

personal injury;

property damage;

negligence;

nuisance;

environmental damage.

Statutory liability

Regulators may impose:

penalties;

licence suspension;

remediation obligations;

operational restrictions;

criminal sanctions.

Strict or enhanced liability

For particularly hazardous activities, legislation may impose heightened responsibilities on operators.

This becomes particularly important for underground hydrogen storage because leakage or geological instability could potentially create long-term risks.

20. Insurance and Financial Security

A sophisticated hydrogen storage regime should require operators to demonstrate adequate financial capacity or insurance for:

accidents;

third-party injury;

environmental damage;

emergency response;

decommissioning;

remediation.

The principle is that the financial consequences of infrastructure failure should not automatically be transferred to the public.

21. Cross-Border Hydrogen Transport

International hydrogen trade creates additional legal questions.

A cross-border framework must address:

customs;

certification;

hydrogen purity;

sustainability;

guarantees of origin;

transport standards;

pipeline interconnection;

terminal access;

tariffs;

jurisdiction over infrastructure.

The EU's 2024 hydrogen and gas legislation specifically seeks to facilitate an interconnected hydrogen system and cross-border hydrogen flows. (EUR-Lex)

This is particularly important for future hydrogen corridors connecting production regions with industrial demand centres.

22. Key Principles of a Future Hydrogen Transport and Storage Law

A comprehensive hydrogen law should ideally incorporate the following principles:

23. Indian Legal Reform Perspective

For India, a future dedicated hydrogen transport and storage regime could build upon the National Green Hydrogen Mission while addressing gaps in the existing framework.

A comprehensive framework could establish:

1. Hydrogen Transport Licence

Separate authorisation for:

hydrogen pipeline construction;

pipeline operation;

transportation;

distribution.

2. Hydrogen Storage Licence

Separate authorisation for:

compressed-gas storage;

liquid hydrogen storage;

large-scale storage;

underground hydrogen storage.

3. Hydrogen Infrastructure Regulator

A specialised or expanded regulatory institution could regulate:

tariffs;

access;

technical standards;

safety;

infrastructure planning;

dispute resolution.

4. Hydrogen Network Code

The code could establish:

hydrogen quality;

pressure;

metering;

balancing;

injection;

withdrawal;

emergency procedures.

5. Third-Party Access

Large hydrogen pipelines and storage facilities could eventually be regulated on a common-carrier or regulated-access model.

6. Integrated Safety Regime

PESO, environmental authorities, pipeline regulators, electricity authorities and other agencies should have coordinated approval procedures.

24. Conclusion

Hydrogen transport and storage law is evolving from a collection of industrial safety rules and conventional gas regulations toward a specialised energy-infrastructure regime.

India's National Green Hydrogen Mission has already recognised pipelines, tankers, intermediate storage and distribution networks as essential components of the hydrogen supply chain and is developing standards and approval mechanisms for these systems. (Ministry of New and Renewable Energy)

The EU has gone further by creating an explicit legal framework for hydrogen networks, storage and terminals through Directive (EU) 2024/1788 and Regulation (EU) 2024/1789. (EUR-Lex) The UK is likewise developing dedicated transport-and-storage governance and has legislated for hydrogen storage revenue support. (Legislation.gov.uk)

The case law shows several foundational principles relevant to hydrogen: high-pressure pipeline safety must be supported by credible technical standards and expert evidence (Kamini Jaiswal); pipeline access can raise important non-discrimination and common-carrier issues (GAIL v. PNGRB); hydrogen transported through pipelines can have distinct legal consequences under taxation and classification law (Goyal M.G. Gases); and property/easement rights can determine whether hydrogen can lawfully be transported through existing rights of way (CEO v. Air Products). (Indian Kanoon)

Ultimately, an effective hydrogen transport and storage regime must combine safety, environmental protection, infrastructure access, market regulation, technical standardisation, liability, land rights and cross-border interoperability. The central legal challenge is to create enough regulatory certainty to encourage investment while ensuring that hydrogen infrastructure remains safe, competitive, environmentally responsible and accountable.