Ownership Models for Geological Sequestration: A Comparison of the Emergent Regulatory Models in Australia and the United States

Posted: 30 Sep 2015

See all articles by Samantha Hepburn

Samantha Hepburn

Deakin University, Geelong, Australia - Deakin Law School

Date Written: 2014

Abstract

Modern property frameworks are increasingly deployed to support climate change mitigation strategies. The propertization of geological storage formations, utilized for the purpose of carbon capture and storage (CCS), provides a compelling example of this. Pursuant to regulatory changes to the propertization of CCS in the Australian states of Victoria and Queensland, ownership lies with the State, while in the United States, in Montana, North Dakota, and Wyoming, ownership remains with the private owner. State ownership is preferable as it provides clarity, structure, and certainty for CCS markets. It also removes the difficulties associated with potential CCS projects having to obtain multiple authorizations from private owners, reduces disparity and conflict between subsurface owners, and minimizes future liability. The transformative shift from a disaggregated private resource to a state-owned independent resource must be dealt with carefully so that its impact upon preexisting surface entitlements is clear.

Suggested Citation

Hepburn, Samantha, Ownership Models for Geological Sequestration: A Comparison of the Emergent Regulatory Models in Australia and the United States (2014). Environmental Law Reporter, Vol. 44, No. 4, 2014, Available at SSRN: https://ssrn.com/abstract=2666464

Samantha Hepburn (Contact Author)

Deakin University, Geelong, Australia - Deakin Law School ( email )

221 Burwood Highway
Burwood
Burwood, Victoria 3125, Victoria 3125
Australia

HOME PAGE: http://www.deakin.edu.au/law

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