• Skip to primary navigation
  • Skip to main content
  • Skip to footer

CDR Law

  • Search
  • Other Resources
    • Books
    • International Law
  • About
  • Contact

Reconciling Property Rights with Carbon Capture and Storage

2023
Scholarly Work
Keith Hall
Federal Policy/Guidance
State Policy/Guidance
Carbon Capture, Utilization and Storage → Carbon Capture and Storage
Carbon Capture, Utilization and Storage
CCS Liability, Pore Space Ownership, United States
Download PDF

Summary/Abstract

This article compares CCS and air travel, considering both public policy and property law. The article will conclude that, because the ability to use CCS to combat climate change is important, the law should facilitate CCS, just as it facilitates air travel. Thus, the owner of Whiteacre should not be able to block a CCS project by obtaining injunctive relief or withholding consent to subsurface migrations of CO2. On the other hand, while it might be impractical to require compensation for every landowner beneath each flightpath, it would not be impractical to require compensation to landowners for the intrusion of CO2. Further, multiple practical models already exist for such compensation. Accordingly, such compensation should be required.

Footer

This website provides educational information. It does not, nor is it intended to, provide legal advice. No attorney-client relationship is established by use of this site. Consult with an attorney for any needed legal advice. There is no warranty of accuracy, adequacy or comprehensiveness. Those who use information from this website do so at their own risk.

© 2026 Sabin Center for Climate Change Law
Made with by Satellite Jones