Summary/Abstract
This paper discusses the ownership of subsurface pore space in Texas to determine which property-interest holder has the sequestration rights. Appendix 2 provides a brief discussion of the laws of some other petroleum-producing jurisdictions. The paper finds that because enhanced oil recovery (EOR), hydraulic fracturing, natural gas storage, and wastewater disposal are all closely analogous to CO2 sequestration, Texas courts are likely to issue opinions regarding CO2 sequestration that rely on existing case law addressing these analogous activities. And because strong public-policy arguments can be made in favor of initiatives that will reduce the human CO2 footprint, Texas courts are likely to render opinions that will encourage the development of a healthy and vibrant CO2 sequestration industry.