Summary/Abstract
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. The article addresses the question of whether there is clear common-law precedent to indicate who owns deep-subsurface pore space, concluding that the issue has not been fully resolved and will vary from state to state. The analysis then reviews a number of the analogs that have been proposed to guide the development of CCS policy and law, drawing on the fields of energy; waste disposal; and water supply, storage, and transportation for insight into the regulation of CCS in general, and the relevant subsurface property law in particular.