New legal study asks: Who Owns Geothermal Heat?

Alexander Richter | Source: Think Geo Energy | Posted 05/08/2025

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A new paper by Prof. Gabriel Eckstein of Texas A&M University School of Law explores legal uncertainties in geothermal energy ownership, with major implications for project development and investment.

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A new article by Professor Gabriel Eckstein from Texas A&M University School of Law addresses the legal ambiguities surrounding ownership of geothermal energy, which could significantly impact project development and investment in the sector. Titled 'Who Owns Heat? Property Rights in Geothermal Energy', the paper highlights the lack of clear legal frameworks governing geothermal heat, a non-tangible resource, contrasting it with more established rights over oil, gas, and water.

Eckstein's research reveals inconsistencies in how various U.S. states classify geothermal resources, with some treating it as a mineral, others as water, and some as a unique resource altogether. He advocates for clearer definitions of property rights in geothermal energy to foster investment and regulatory consistency, which could ultimately enhance the deployment of geothermal energy as a reliable renewable resource in the U.S.

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New legal study asks: Who Owns Geothermal Heat?

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