Document Type

Article

Publication Date

2024

Publication Title

LSU Journal of Energy Law and Resources

Abstract

This article classifies the types of conflicts likely to occur between carbon dioxide sequestration and mineral extraction operations occurring simultaneously on the same tract of land. It then sets up framework for thinking through the legal disputes that may result. These are modest goals, and the central problem—concurrent carbon dioxide sequestration and mineral development—is more complex than can be fully analyzed here. I expect that much more work will need to be done on other important questions, hopefully building on this framework. Three further questions worthy of attention are (i) how these principles guide resolutions of specific kinds of disputes, (ii) how best to arrange the contractual relations among property owners to harmonize simultaneous sequestration and extraction, (iii) and how, if at all, states should regulate these relations. Work on these important questions cannot proceed, however, except from a firm analytical foundation built on background principles. That, and nothing more, is what this article hopes to provide.

Volume

12

First Page

389

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