THE SPACE BETWEEN US: Transboundary Challenges of Geologic Carbon Storage in Interstate and Federal Pore Space
Article from: OGEL 3 (2023), in Coal & Carbon Capture and Storage (CCS)
Abstract
As CCS technologies approach commercialization, a maze of legal and regulatory hurdles is emerging from the subsurface. Geologic pore space-while critical for the “storage” component of CCS-is a complex, largely uncharted legal frontier which raises novel issues of property ownership, agency authority, and environmental risk. In the United States, basic questions such as the meaning of “pore space,” its ownership, and CO2 storage liability are almost completely unaddressed by law in many states, or in federal statutes and regulations. Although states with high geologic storage potential ...