Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Environmental Law

University of San Diego

2023

CCS; Pore Space Rights; carbon; capture; free-ride; risk charge; drilling; pooling-like; compensation; model; DAC; CO2; IPCC; eminent domain; Kelly; Barnard; Monongahela; Blackacre; Whiteacre; tract; working interest; Nunez; Wainoco; supreme court; unitization; United States; Trout; Gilmore

Articles 1 - 1 of 1

Full-Text Articles in Law

Carbon Capture And Storage: Models For Compensating Holdout Landowners, Keith B. Hall Jun 2023

Carbon Capture And Storage: Models For Compensating Holdout Landowners, Keith B. Hall

San Diego Journal of Climate & Energy Law

The United Nations Intergovernmental Panel on Climate Change and numerous individual governments have concluded that largescale use of carbon capture and storage (CCS) is vital as one tool to address climate change, even as society transitions to renewable sources of energy. CCS is important because transitioning to renewable sources of energy takes time and because some industries (e.g., cement making) release carbon dioxide (CO2) without regard to the source of energy used.

But in the United States, and perhaps in other countries, CCS raises property rights issues that—if left unresolved—could complicate a ramp-up of CCS. For …