UW’s Righetti and Lewis Publish Valorization of Federal Pore Space Article in Top-Tier Legal Journal

A new publication from legal scholars in the University of Wyoming School of Energy Resources (SER) examines the conceptually unique challenge of valuing subsurface pore space in federal lands for the sequestration of carbon dioxide.

Tara Righetti, an SER professor of law and the Occidental Chair in Energy and Environmental Policies, led the study that was published in the prestigious Boston University Law Review. Widely recognized as a top-tier legal journal, it is known for publishing rigorous and influential scholarship.

Associate Research Scientist Maddie Lewis in SER’s Jurisprudence of Underground Law and Energy (JOULE) research group co-wrote the piece. 

The article, aptly named “The Valorization of Pore Space,” stands as the first of its kind to comprehensively explore the legal and economic precedents, mechanisms and frameworks that might apply to the valuation of the federal subsurface for carbon storage. It represents a crucial advancement in the evolving legal and economic discourse surrounding the immense value of subsurface pore space.

“The federal government is the largest owner of pore space in the United States, making it a critical participant in efforts to commercialize geologic carbon storage,” Righetti says. “We know that pore space represents a significant public asset, but thus far, we do not have guidance for its economic valuation. This article uses the valuation methodologies applied to other federal subsurface resources to identify cross-cutting principles that can inform land management decisions and public policymaking.”

This significant article is directly related to a series of U.S. Department of Energy (DOE)-funded Pore Space Valuation Workshops. Led by Righetti and Lewis, these pivotal workshops convened experts from diverse fields to address the complex legal and economic issues surrounding the ownership, valuation and utilization of subsurface pore space. A primary objective was to establish guidance for contract structures, relative compensation and valuation methodologies applicable to pore space on federal and private onshore lands across the U.S.

“The workshops were critical in ensuring our ‘Valorization of Pore Space’ research remained grounded in real-world challenges,” Lewis says. “Hearing directly from experts and agency representatives about their valuation needs, experiences and concerns provided the practical guidance that ultimately informed the methodologies and recommendations in our publication.”

The resulting law review article delves into the intricate legal frameworks and economic considerations necessary for the effective development and deployment of subsurface resource management, particularly as it pertains to carbon sequestration and energy storage.

The authors’ comprehensive analysis provides essential insights for policymakers, industry stakeholders and legal practitioners navigating the complexities of the energy transition.

“Ultimately, we hope this article becomes the go-to resource for understanding and fairly valuing this crucial subsurface asset,” Righetti adds. “Our goal is to foster equitable and more predictable expectations for all involved."

About Jurisprudence of Underground Law and Energy

SER’s JOULE group conducts innovative legal research that advances the understanding of the rules and relationships governing the use of the subsurface and development of energy and natural resources. JOULE engages in theoretical and applied research together with its partners from industry, government, nonprofit organizations and academia.