An Evaluation of Eminent Domain and a National Carbon Capture and Geologic Sequestration Program: Redefining the Space Below
This article considers the questions and problems regarding takings law that would likely arise from a national CCS program.
Carbon Sequestration and Pore Space Ownership in Texas
This article reviews Texas state regulations and case law to define and clarify property rights to subsurface pore space, with a view towards carbon sequestration.
Carbon Capture and Storage Project Development: An Overview of Property Rights Acquisition, Permitting, and Operational Liability Issues
This article covers potential challenges and solutions for CCS on topics such as the acquisition of property rights; permitting at both the federal and the state levels; and identification, reduction and transfer of liabilities.
Wyo. Stat. Ann. § 34-1-152 and § 34-1-153
Resolves ownership of pore space under surfaces, and ownership of CO2 injected into pore space, for purposes of geologic sequestration.
Part 2: Analysis of Property Rights Issues Related to Underground Space Used for Geologic Storage of Carbon Dioxide
This paper discusses how various states address subsurface property rights and liabilities of using underground pore space for CO2 storage and analyzes case law relating to natural gas storage as a compatible analog to these legal issues.
Geologic CO2 Sequestration: Who Owns the Pore Space
This paper discusses the ownership of subsurface pore space in Texas to determine which property-interest holder has the sequestration rights.
Digging Deep: Property Rights in Subterranean Space and the Challenge of Carbon Capture and Storage
This paper considers the extent of a surface landowner's rights above and below land and explores the treatment of underground space within the context of CCS in relation to differing jurisdictions, with particular attention paid to the U.S. and U.K.
Challenges to Commercial Scale Carbon Capture and Storage: Regulatory Framework
This paper provides an examination of project-specific regulation and legislation in Europe, Australia and North America that covers property rights, the permitting process, financial assurances, and long-term liability related to CO2 storage.