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Reconciling Property Rights with Carbon Capture and Storage

2023
Scholarly Work
Keith Hall
This article argues for a rethinking of property rights in the context of carbon capture and storage (CCS) - away from injunctive relief to stop subsurface migrations of CO2 and towards required compensation for landowners after an intrusion of CO2.

Pore Texas: Defining the Ownership of Underground Pore Space for Carbon Capture and Sequestration in Texas

2023
Scholarly Work
Tyler Roberts
This paper argues that Texas should adopt legislation that expressly designates ownership of pore space to the surface owner.

2023 North Dakota Law Review Energy Law Symposium

2023
News/Commentary
North Dakota Law Review
Links to presentations on the legal framework for geologic storage of carbon dioxide.

State Sequestration: Federal Policy Accelerates Carbon Storage, But Leaves Full Climate, Equity Protections to States

2023
Scholarly Work
Gabriel Pacyniak
This paper describes state-federal governance dynamics regarding CCS and concludes by identifying potential legal tools that states can use to address those dynamics.

Carbon Capture and Storage: Models for Compensating Holdout Landowners

2023
Scholarly Work
Keith Hall
This article discusses three potential models for compensating holdout property owners of subsurface pore space relevant to CCS projects.

Expert Insights on Best Practices for Community Benefits Agreements

2023
Scholarly Work
Matthew Eisenson , Romany M. Webb
This report outlines 35 recommendations for developers and host communities when negotiating and drafting Community Benefits Agreements (CBAs) for direct air capture hubs and other clean energy projects.

Deploying Low Carbon Public Procurement to Accelerate Carbon Removal

2021
Scholarly Work
Eric Dunford, Robert Niven, Christopher Neidl
This paper lays out several principles for designing a public procurement strategy that can accelerate carbon removal.

Removing Carbon Dioxide Through Seaweed Cultivation: Legal Challenges and Opportunities

2021
Scholarly Work
Korey Silverman-Roati, Michael B. Gerrard, Romany M. Webb
This paper examines the international and U.S. legal frameworks that apply to seaweed cultivation.

Powering the Future: An Inclusive National Clean Energy Standard with Negative Emissions Technologies

2020
Scholarly Work
Narayan S. Subramanian
This Note proposes a robust National Clean Energy Standard that can incorporate Negative Emission Technologies (NETs), while identifying the potential legal barriers to an NCES that includes NETs.

Transport Infrastructure for Carbon Capture and Storage

2020
Think Tank Report
Elizabeth Abramson, Dane McFarlane, Jeff Brown
This white paper identifies near-term carbon capture and storage opportunities, then designs and plans the regional transport infrastructure required to maximize CO2 abatement while minimizing cost and land use impact.

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