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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).

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.

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.

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.

An Evaluation of Eminent Domain and a National Carbon Capture and Geologic Sequestration Program: Redefining the Space Below

2010
Scholarly Work
Thomas R. DeCesar
This article considers the questions and problems regarding takings law that would likely arise from a national CCS program.

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