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.
Legal and Commercial Models for Pore-Space Access and Use for Geologic CO2 Sequestration
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
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.
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.
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.
Tex. Nat. Res. Code Ann. § 121.001 et seq.
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.
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.
Legal Issues Associated with the Adoption of Commercial Scale CCS Projects
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.