This Comment’s analysis requires a few necessary assumptions. First, the feasibility of large-scale deployment of geologic CCS technology for the purposes of permanently storing CO2 is assumed. Second, the establishment of a regulatory framework with incentives to mitigate or offset GHGs is assumed. Third, the carbon-capture technology retrofitting of point-source emitters is assumed. And finally, the existence of infrastructure to transport supercritical CO2 to a storage site is assumed. This Comment contains five parts: Part I provides an introduction and overview to contextualize the need for CCS; Part II details the technology of GS; Part III is an overview of Australia’s activities related to CCS—specifically, the Victorian model of GS regulation; Part IV discusses CCS-related activity in the United States and analyzes bodies of law that inform a discussion of subsurface property rights; and Part V synthesizes the prior sections and details two recommendations for the United States.
Tracy J. Logan,
Carbon Down Under - Lessons from Australia: Two Recommendations for Clarifying Subsurface Property Rights to Facilitate Onshore Geologic Carbon Sequestration in the United States,
San Diego Int'l L.J.
Available at: https://digital.sandiego.edu/ilj/vol11/iss2/8