Shane D. Puente

Document Type

Article

Publication Date

2025

Keywords

Pore Space Ownership, carbon dioxide, green house gas, GHG, carbon emissions, carbon capture and sequestration, CCS

Abstract

In 2023, the United States emitted an estimated total of 4,807 million metric tons (“MMTs”) of Carbon dioxide, with only a 0.2% decrease in 2024. These figures are simply not up for debate. What is often debated, however, is how (and if) the U.S. should be tackling these carbon emissions. Many would argue that the U.S. must increase its reliance on renewable energy and decrease its consumption of fossil fuels, which are major contributors of Carbon Dioxide and other Green House Gas (“GHG”) emissions. Others would argue that the best way to limit carbon emissions is to implement some form of carbon tax. Others still recommend society as a whole use less energy, reducing the strain on the energy industry and infrastructure, thus decreasing carbon emission further. These opinions of singular focus are, to put it bluntly, foolish. The U.S., and indeed the world, has run out of time to rely on one measure or another. One tool that is growing in potential is the technology of carbon capture and sequestration (“CCS”).

However, the promise of CCS brings certain legal questions that have not been answered by the Federal government or by many states. These questions must be addressed before CCS can be widely implemented. This article is intended to prompt Arkansas lawmakers to pass legislation that clarifies these various issues. Part I of this article has provided an introduction to the topic of the article and its relation to climate change. Part II of this article will provide more context about pore space itself and the related technology of CCS. Part II will also focus on the value and purpose of pore space, not only for Arkansas, but nationally as well.25 Part III will discuss competing theories of ownership regarding pore space as well as which states have adopted which perspectives. Additionally, Part III will also address Arkansas’s current stance on pore space ownership. The penultimate Part IV will address the legal arguments surrounding why Arkansas should adopt a particular theory of ownership governing pore space. Concluding the article, Part V will provide a final call to action for Arkansas legislators and for all others who desire to protect future generations from the worst effects of climate change.

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