The Pore Space Race: Conflicts of Subsurface Rights in the Age of Carbon Capture and Sequestration
DOI:
https://doi.org/10.29173/alr2879Abstract
As carbon capture and sequestration expands to meet climate goals, conflicts of subsurface rights present a significant obstacle. This article examines the ownership and regulation of pore space across Canada and the United States. It analyzes divergent common law and statutory frameworks governing pore space ownership and the management of convergent subsurface rights across various jurisdictions, with a particular focus on Alberta. The authors demonstrate how fragmented subsurface rights create legal uncertainty and assess legal mechanisms for mitigating these conflicts to enable the responsible deployment of
carbon capture and sequestration.
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