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Pore Space Ownership

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Legal Issues Associated with the Adoption of Commercial Scale CCS Projects

2008
Think Tank Report
Nigel Bankes
This report addresses the legal and regulatory challenges associated with the adoption of commercial scale carbon capture and storage projects in Canada, with a close look at property issues and the regulatory framework.

Analyzing Regulatory Framework for Carbon Capture and Storage (CCS) Technology Development: A case study approach

2020
Scholarly Work
Mac Osazuwa-Peters, Margot Hurlbert
This article provides a review of a portfolio of regulations advancing CCS including technical regulations, pore space ownership, monitoring, enforcement and verification of CO2 injection.

South Korea’s Legal and Regulatory System for Carbon Capture and Sequestration: Backgrounds, Current Circumstances, and Recommendations

2018
Scholarly Work
MoonSook Park
This paper provides a roadmap for South Korea’s CCS legal and regulatory framework, including both legislative and government agency centered proposals.

Ownership Models for Geological Sequestration: A Comparison of the Emergent Regulatory Models in Australia and the United States

2014
Scholarly Work
Samantha Hepburn
This paper compares the Australian and U.S. models of geologic ownership for CCS, arguing that the Australian model of state ownership is preferable as it provides clarity, structure, and certainty for CCS markets.

A Cooperative Federalism Framework for CCS Regulation

2012
Scholarly Work
Jonas J. Monast, Brooks R. Pearson, Lincoln F. Pratson
This paper reviews the history of cooperative federalism and how it may provide a framework to determine appropriate roles for federal and state governments, and applies that framework to the gaps in the CCS regulatory structure.

Carbon Capture and Sequestration in Texas: Navigating the Legal Challenges Related to Pore Space Ownership

2011
Scholarly Work
Christopher J. Miller
This article navigates the legal challenges related to pore space ownership in Texas, what regulatory actions are needed to clear a path for CCS, and the risk of liability related to CCS and pore space ownership.

Alberta’s new carbon capture and storage legislation

2011
Scholarly Work
Nigel D. Bankes
This paper describes and analyzes Canadian legislation passed in 2010 that clarifies issues relating to pore space ownership, disposal rights, and a provision for the transfer to the state of liability for CCS projects post‐closure.

Analysis of Carbon Capture and Sequestration Pore Space Legislation: A Review of Existing and Possible Regimes

2011
Scholarly Work
Elizabeth Lokey Aldrich, Cassandra Koerner
This paper discusses possible liability schemes, critically analyzes those state-level schemes currently in place, and proposes the best possible choice for long-term coverage of geological sequestration.

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