Pore Space Ownership Archives

Carbon Capture and Storage in South Dakota: The Need for a Clear Designation of Pore Space Ownership

2010

Scholarly Work

Blayne N. Grave

This comment considers state legislation on pore space ownership and examines existing subsurface case law in South Dakota to support the notion that pore space ownership should rest with the surface state.

Pore Space Property

2020

Scholarly Work

Joseph Schremmer

This article reviews the development of common law rights in water and oil and gas to synthesize lessons for shaping the content and limits of rights in pore space.

The Government’s Multi-Faceted Role in Resolving the Main Legal Issues regarding Carbon Capture and Sequestration

2019

Scholarly Work

MoonSook Park

This article addresses four CCS legal issues that are of common importance to governments and should be covered in any future regulatory systems: permitting, environmental impact assessments, liability, and property rights.

The pore space scramble; challenges and opportunities for subsurface governance

2018

Scholarly Work

Alexandra M. Gormally, Nils O. Markusson, Michelle Bentham

This paper highlights three challenges of pore space governance from a UK perspective: ownership, access, and long term stewardship.

Correlative Rights and Limited Common Property in the Pore Space: A Response to the Challenge of Subsurface Trespass in Carbon Capture and Sequestration

2017

Scholarly Work

Tara Kathleen Righetti

This article argues that the challenge of subsurface trespass associated with CCS can be overcome by conceptualizing pore space rights in the storage complex as limited common property with rights of proportionate use.

Who Owns the Right to Store Gas: A Survey of Pore Space Ownership in U.S. Jurisdictions

2016

Scholarly Work

Stefanie L. Burt

This article addresses the issue of pore space ownership under both U.S. state and federal law.

A 2015 Analysis and Update on U.S. Pore Space Law —The Necessity of Proceeding Cautiously With Respect to the “Stick” Known as Pore Space

2015

Scholarly Work

Trae Gray

This paper provides an analysis and update (as of 2015) on current pore space law in Arkansas, Colorado, Kansas, Kentucky, Montana, New Mexico, North Dakota, Oklahoma, Pennsylvania, Texas, and Wyoming.

Pouring Out Our Soils: Facing the Challenge of Poorly Defined Property Rights in Subsurface Pore Space for Carbon Capture and Storage

2012

Scholarly Work

Kenneth R. Richards, Joice Chang, Joanna E. Allerhand, John Rupp

This article seeks to provide insight into how U.S. states might approach the task of defining and clarifying property rights to subsurface pore space, particularly rights to the types of structures that are relevant to CCS.

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