Skip to main content
Unpublished Paper
The Property Problem: A Survey of Federal Options for Facilitating Acquisition of Carbon Sequestration Repositories
ExpressO (2010)
  • Thomas Brugato, Harvard Law School
Abstract

This paper surveys federal options for facilitating carbon capture and sequestration (CCS). A variety of legal impediments must be addressed before CCS will become commercially viable. This paper examines one of those impediments: the need of sequestration entities to acquire large amounts of suitable subsurface property (pore space) for use as a repository. Currently, uncertainty over the ownership of the pore space as well as high transaction costs for acquiring property rights from numerous landowners present substantial obstacles for sequestration entities. The presence of other conflicting uses of pore space further complicates the acquisition of the necessary property rights. As a result, if CCS is to become a viable activity, the government will likely be required to take some action to facilitate acquisition of pore space by sequestration entities. This paper provides a survey of the range of options available to the federal government.

Keywords
  • Carbon Sequestration,
  • Carbon Storage
Disciplines
Publication Date
September 5, 2010
Citation Information
Thomas Brugato. "The Property Problem: A Survey of Federal Options for Facilitating Acquisition of Carbon Sequestration Repositories" ExpressO (2010)
Available at: http://works.bepress.com/thomas_brugato/1/