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Pore Space Ownership

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Accelerating Carbon Capture and Sequestration Projects: Analysis and Comparison of Policy Approaches

2011
Scholarly Work
Elizabeth A. Burton, Souheil Ezzedine, John Reed, John H. Beyer
This paper seeks to inform the development of any future legislation in California, should it be deemed necessary to employ CCS to meet the goals of Assembly Bill 1925 (2006).

Pipedream to Pipeline: Ownership of Kentucky’s Subterranean Pore Space for Use in Carbon Capture and Sequestration

2011
Scholarly Work
Mark A. Imbrogno
This article seeks to define and clarify property rights to subsurface pore space in Kentucky, particularly rights to the types of structures that are relevant to CCS.

Aggregating pore space ownership for geologic sequestration of CO2

2011
Scholarly Work
Audrey Marie Rozsypal
This paper examines oil and gas unitization statues and statutes creating groundwater districts to find legislative regimes useful for achieving pore space ownership aggregation.

Ky. Rev. Stat. Ann. § 353.800 et seq.

2011
Enacted Legislation
State of Kentucky
Section of law that creates an “economic priority” to attract CCS projects “that will create jobs ... and favorably position the Commonwealth for future leadership and growth in the field,” including provisions relating to pore space ownership.

Legal and Commercial Models for Pore-Space Access and Use for Geologic CO2 Sequestration

2010
Scholarly Work
R. Lee Gresham, Owen L. Anderson
This article considers the legal and commercial models for securing the rights to use geologic pore space in an effort to sequester billions of metric tons of CO2 deep underground to mitigate climate change.

Wyo. R. & Regs. 055.0001.3 § 43

2010
Regulation
State of Wyoming
Implements procedures for the application and pooling of pore space to organize and operate a carbon dioxide geologic sequestration site.

Pore space ownership issues for CO2 sequestration in the U.S.

2009
Scholarly Work
Ian Duncan, Jean-Philippe Nicot, Scott Anderson
This paper reviews a broad range of case law relevant to subsurface property rights and carbon dioxide sequestration and finds that U.S. state courts' application of basic common law principles is in fact consistent across all jurisdictions examined.

Tex. Nat. Res. Code Ann. § 121.001 et seq.

2009
Enacted Legislation
State of Texas
Provides rules for ownership of CO2 stored in geologic formations and creates a trust fund funded through fees paid by CO2 storage facility operators, used for monitoring, remediation, enforcement and other activities related to geologic CO2 storage.

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