Subsurface Property Rights: Implications for Geologic CO2 Sequestration

Abstract

Publisher Summary This chapter outlines the historic legal interpretations and tries to make the explanation in the context within which general principles may affect geologic sequestration (GS) of CO 2 projects. The preponderance of case law presented here suggests that surface and mineral owners will have a legitimate claim on subsurface strata used for GS projects. Many actors will have real interests in GS projects, including the injector, owner of injected material, surface property owner, mineral owner, mineral lessee, neighboring surface and mineral owners, and neighboring mineral lessees. Because of the large size of many proposed GS projects, care needs to be taken to ensure that adjacent mineral rights owner's holdings are not compromised. Because mineral rights have been found to trump both storage uses and surface holdings, any GS project needs to carefully examine mineral, water, and surface uses of the land that will be influenced by an injection project. Mineral extraction in adjacent strata could compromise the formation's storage integrity. Likewise, pressure increases in the substrata could affect lateral movement of waters in the subsurface and affect groundwater quality.