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State Policy/Guidance

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California’s Policy Approach to Develop Carbon Capture, Utilization and Sequestration as a Mitigation Technology

2013
Scholarly Work
Elizabeth Burton, Niall Mateer, John Beyer
This paper briefly summarizes the history of CCUS projects and related policy in California with the aim of understanding what factors beyond climate policy might be critical path barriers to CCUS technology adoption.

The Public Pore Space: Enabling Carbon Capture and Sequestration by Reconceptualizing Subsurface Property Rights

2012
Scholarly Work
James Robert Zadick
Recognizing the complications inherent to private control over an essentially public action, this Note aims to demonstrate that pore space ownership should be vested in the public.

Pouring Out Our Soils: Facing the Challenge of Poorly Defined Property Rights in Subsurface Pore Space for Carbon Capture and Storage

2012
Scholarly Work
Kenneth R. Richards, Joice Chang, Joanna E. Allerhand, John Rupp
This article seeks to provide insight into how U.S. states might approach the task of defining and clarifying property rights to subsurface pore space, particularly rights to the types of structures that are relevant to CCS.

Carbon Capture and Sequestration in Texas: Navigating the Legal Challenges Related to Pore Space Ownership

2011
Scholarly Work
Christopher J. Miller
This article navigates the legal challenges related to pore space ownership in Texas, what regulatory actions are needed to clear a path for CCS, and the risk of liability related to CCS and pore space ownership.

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.

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.

Carbon Sequestration and Pore Space Ownership in Texas

2010
Scholarly Work
Madeline Mathews
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.

Geologic carbon sequestration in Wyoming: Prospects and progress

2010
Scholarly Work
Carol D. Frost
This paper outlines the regulatory structure for CCS in Wyoming and introduces a study undertaken by University of Wyoming researchers to characterize Paleozoic deep saline aquifers in southwestern Wyoming for long-term geologic carbon storage.

Pore space ownership issues for CO2 sequestration in the U.S.

2009
Scholarly Work
Ian Duncan, Jean-Philippe Nicot, Scott Anderson
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.

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