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Pore Space Ownership

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National Policy for the Right-of-Way Authorizations Necessary for Site Characterization, Capture, Transportation, Injection, and Permanent Geologic Sequestration of Carbon Dioxide in Connection with Carbon Sequestration Projects

2022
Policy Proposal
Bureau of Land Management
This Instruction Memorandum (IM) conveys policy and direction for authorizing rights-of-way (ROWs) to use public lands for CO2 sequestration projects.

SB 905: California Carbon sequestration: Carbon Capture, Removal, Utilization, and Storage Program

2021
Proposed Legislation
Bill requiring the establishment of a Carbon Capture, Removal, Utilization and Storage Program

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.

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.

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.

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.

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