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Under American rule, the mineral estate holder owns the minerals but not the geologic formation. The surface owner owns the geologic pore space and has storage rights. Pore Space Rights ? U.S. Overview - Global CCS Institute globalccsinstitute.com ? uploads ? 2022/05 globalccsinstitute.com ? uploads ? 2022/05
(a) The ownership of all pore space in all strata below the surface lands and waters of this state is declared to be vested in the several owners of the surface above the strata.
Funded by President Biden's Bipartisan Infrastructure Law, the two programs?Carbon Capture Large-Scale Pilots and Carbon Capture Demonstration Projects Program?aim to significantly reduce carbon dioxide (CO2) emissions from electricity generation and hard-to-abate industrial operations, an effort critical to addressing ... Biden-Harris Administration Announces $2.5 Billion to Cut ... energy.gov ? articles ? biden-harris-administ... energy.gov ? articles ? biden-harris-administ...
In Texas and most states, pore space belongs to the surface owner, absent an explicit severance. Some states are passing statutes prohibiting the severance of pore space as a separate estate, thereby securing ownership in the surface owners.
[C]ourts in Montana, Oklahoma, Louisiana, New York, Michigan, West Virginia, New Mexico, and California all recognize the surface owner's ownership of underground pore space for gas storage operations.
As used in this section, pore space is real property and, until title to the pore space or rights, interests or estates in the pore space are separately transferred, pore space is property of the person or persons holding title to the land surface above it.