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Whose Pore Space Is It? Carbon Capture and Storage Prompts New Questions in Property Law

2024
Scholarly Work
Vanessa A. Silke, Hannes D. Zetzsche
This paper discusses property rights in the context of pore ownership and CCS, with a focus on considerations for a CCS developer’s acquisition of pore space under privately owned land.

International Governance of Ocean-Based Carbon Dioxide Removal: Recent Developments and Future Directions

2024
Scholarly Work
Romany M. Webb
This paper discusses recent efforts to regulate ocean CDR under three long-standing international agreements and discusses options for greater coherence in international governance.

CRS – Class VI Carbon Sequestration Wells: Permitting and State Program Primacy

2024
Think Tank Report
This report discusses the statutory and regulatory framework for permitting Class VI wells and the permit process around it

Carbon Dioxide Removal through Coastal Blue Carbon: A Review of Commitments in Nationally Determined Contributions (NDCs)

2024
Scholarly Work
Arpana Giritharan
This database, accompanied by a blog, explores how blue carbon is framed in Nationally Determined Contributions (NDCs) under three categories: (1) mitigation, (2) adaptation, (3) both mitigation and adaptation.

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.

Permitting CO2 Pipelines

2023
Scholarly Work
Martin Lockman
This paper assesses the legal framework for developing CO2 pipelines to support Direct Air Capture (DAC) Hub 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.

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.

Developing Model Federal Legislation to Advance Safe and Responsible Ocean Carbon Dioxide Removal Research in the United States

2023
Proposed Legislation
Romany M. Webb, Korey Silverman-Roati
This model federal legislation aims to advance safe and responsible ocean carbon dioxide removal (CDR) research in U.S. waters.

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.

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