You are here:
SUBSURFACE PROPERTY RIGHTS: IMPLICATIONS FOR GEOLOGIC CO2 STORAGE
Citation:
Wilson*, E J. SUBSURFACE PROPERTY RIGHTS: IMPLICATIONS FOR GEOLOGIC CO2 STORAGE. Presented at 2nd International Symposium on Underground Injection Science and Technology, Berkeley, CA, October 22 - 25, 2003.
Impact/Purpose:
To inform the public.
Description:
The paper discusses subsurface property rights as they apply to geologic sequestration (GS) of carbon dioxide (CO2). GS projects inject captured CO2 into deep (greater than ~1 km) geologic formations for the explicit purpose of avoiding atmospheric emission of CO2. Because of the large volumes of CO2 to be injected annually (millions to billions of tonnes), the long storage time frames required for GS (hundreds to thousands of years), and the monitoring and verification needs for injected CO2, GS presents a novel set of demands on the current legal regime for subsurface property rights. If GS is to play a significant role in reducing atmospheric emissions of CO2 the quantities to be injected are substantial, a one GWe capacity coal-fired power plant generates approximately 30,000 tonnes of CO2 per day, and over the plant’s 30 year lifetime, injected CO2 could increase formation pressures over an area of more than 100 km2, assuming a 100 m thick injection zone. In 2001, coal-fired power plants generated approximately half of all U.S. net electricity generation, producing 1,856 Gt of CO2. The paper briefly outlines the historical context within which subsurface property rights have evolved and examines the gradual decomposition of property rights. It outlines relevant case law that has shaped subsurface property rights in the oil and gas industry and injecting industries (hazardous waste and natural gas storage case law). Finally, it explores the implications of case law for GS and future research concerns and directions.