Correlative Rights and Limited Common Property in the Pore Space: A Response to the Challenge of Subsurface Trespass in Carbon Capture and Sequestration

Summary/Abstract

This article argues that the challenge of subsurface trespass associated with CCS can be overcome by conceptualizing pore space rights in the storage complex as limited common property with rights of proportionate use. The article identifies that the traditional oil and gas framework of correlative rights can be a valuable model to promote investment, encourage private ordering, and discourage the underutilization of subsurface property for CCS.