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Carbon Capture and Pore Space Issues

Contains material from May 2024

Carbon Capture and Pore Space Issues
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Address the question of who owns subsurface pore space rights when there is a split estate, and discuss the typical terms and conditions of agreements by which prospective carbon capture and storage operators contract for the use of pore spaces. Also consider whether the law provides a mechanism for the use of pore spaces in the absence of the owner’s consent (eminent domain? pooling?), and examine whether the migration of carbon dioxide in the subsurface would give rise to an actionable trespass in the absence of contractual or other authority to use pore spaces.

Includes: Video Audio Paper Slides

  • Total Credit Hours:
  • 0.50
  • Credit Info
  • TX, CA, PA
  • TX MCLE credit expires: 5/31/2025

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1. Carbon Capture and Pore Space Issues (May 2024)

Keith B. Hall

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Session 1 —30 mins
0.50
Carbon Capture and Pore Space Issues (May 2024)

Address the question of who owns subsurface pore space rights when there is a split estate, and discuss the typical terms and conditions of agreements by which prospective carbon capture and storage operators contract for the use of pore spaces. Also consider whether the law provides a mechanism for the use of pore spaces in the absence of the owner’s consent (eminent domain? pooling?), and examine whether the migration of carbon dioxide in the subsurface would give rise to an actionable trespass in the absence of contractual or other authority to use pore spaces.

Originally presented: Apr 2024 Oil, Gas and Mineral Law Institute

Keith B. Hall, Louisiana State University Paul M. Hebert Law Center - Baton Rouge, LA