Summary/Abstract
Recognizing the complications inherent to private control over an essentially public action, this Note aims to demonstrate that pore space ownership should be vested in the public. Part I of this Note will cover the present state of CCS, detailing how it may be applied to mitigate climate change and carbon emissions. Part II will examine how the legal treatment of the airspace may be applied to pore spaces and CCS, how potential takings claims may be addressed, and how the pore space is currently treated at common law. Part III will examine how the pore space has been treated by the three states (Montana, North Dakota, and Wyoming) that have passed statutes concerning pore space ownership. Part III will also examine the inadequacies and potential pitfalls related to these statutory definitions. Lastly, this Note will conclude by summarizing the public policy rationales and normative recommendations for public pore space ownership.