Program Details
2026-10-26 14:30:00
Over 1,000+ webinars
Course Overview
2026-10-26 14:30:00
2h CLE Credits
Intermediate
2
2:30 pm - 3:30 pm ESTThis session maps the constitutional fault lines in state pore space amalgamation statutes following two December 2025 and March 2026 North Dakota district court rulings that struck down N.D.C.C. § 38-22 and revoked Summit Carbon Solutions’ storage permits. Attorneys will learn how the Loretto per se physicaltaking framework, the correlative rights doctrine gap, and state-specific compensation clause requirements interact across North Dakota, Wyoming, Montana, Louisiana, and higher-threshold states including Illinois, Colorado, and Alaska. Attendees will leave able to identify which structural features of an amalgamation statute create the greatest takings exposure and what distinguishes constitutionally durable frameworks from those already facing invalidation.
Joseph A. Schremmer 3:40 pm - 4:40 pm ESTThis session will provide transactional and regulatory attorneys with practical guidance for advising geologic sequestration project developers on voluntary pore space acquisition, particularly in jurisdictions where statutory pooling or amalgamation mechanisms are unavailable, uncertain, or subject to legal challenge. Recent North Dakota decisions illustrate potential constitutional and compensation-related vulnerabilities in statutory frameworks used to aggregate pore space interests. They also provide broader lessons for legislators, regulators, developers, landowners, and counsel evaluating alternatives to compulsory aggregation. The session will examine how voluntary acquisition strategies can reduce legal risk while supporting project timelines and economics. It will also address the selection and structuring of agreements that secure sufficient subsurface rights, access, and operational flexibility for project development and expansion.
Myles CulhaneJoseph A. Schremmer holds the Eugene O. Kuntz Chair in Law in Oil, Gas, & Natural Resources at the University of Oklahoma College of Law, where his scholarship centers on property rights in subsurface natural resources, including pore space, correlative rights, subsurface trespass, and split estates. His recent writing includes Reflections on the “Pore Space Estate” (ONE J, 2025) and Pore Space Property (Utah L. Rev., 2021), alongside a series of articles on conflicts between carbon capture and storage projects and mineral development. As of 2024 he is the sole update and revision author of Kuntz, A Treatise on the Law of Oil and Gas (Matthew Bender), and he co-authors The Law of Oil and Gas: Cases and Materials (Foundation Press).
Myles Culhane is a shareholder in Greenberg Traurig’s Sacramento office whose practice concentrates on the acquisition of pore space, surface use agreements, and rights-ofway across the carbon capture and storage value chain, together with the long-tail liabilities and financial requirements that sequestration projects carry. He has served as lead legal counsel advising landmen on securing mineral and pore space rights and related surface use agreements in Texas, California, Louisiana, New Mexico, and Arkansas, and has prepared in-depth analyses of the potential long-term liabilities and mitigation measures associated with subsurface injection and storage of carbon dioxide and the conversion of depleted fields to sequestration. Trained as a chemical engineer before law school, he translates complex technical systems into regulatory and transactional strategies for clients managing liability, financing, compliance, and stakeholder support through the energy transition.
Joseph A. Schremmer holds the Eugene O. Kuntz Chair in Law in Oil, Gas, & Natural Resources at the University of Oklahoma College of Law, where his scholarship centers on property rights in subsurface natural resources, including pore space, correlative rights, subsurface trespass, and split estates. His recent writing includes Reflections on the “Pore Space Estate” (ONE J, 2025) and Pore Space Property (Utah L. Rev., 2021), alongside a series of articles on conflicts between carbon capture and storage projects and mineral development. As of 2024 he is the sole update and revision author of Kuntz, A Treatise on the Law of Oil and Gas (Matthew Bender), and he co-authors The Law of Oil and Gas: Cases and Materials (Foundation Press).
Myles Culhane is a shareholder in Greenberg Traurig’s Sacramento office whose practice concentrates on the acquisition of pore space, surface use agreements, and rights-ofway across the carbon capture and storage value chain, together with the long-tail liabilities and financial requirements that sequestration projects carry. He has served as lead legal counsel advising landmen on securing mineral and pore space rights and related surface use agreements in Texas, California, Louisiana, New Mexico, and Arkansas, and has prepared in-depth analyses of the potential long-term liabilities and mitigation measures associated with subsurface injection and storage of carbon dioxide and the conversion of depleted fields to sequestration. Trained as a chemical engineer before law school, he translates complex technical systems into regulatory and transactional strategies for clients managing liability, financing, compliance, and stakeholder support through the energy transition.
Requirements
The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.
Formats
