Liability relief for Carbon Dioxide Capture and Geologic Sequestration

A coalition of environmental and community organizations argues against granting special liability relief or regulatory exemptions to carbon capture and sequestration (CCS) operators, asserting that such measures create moral hazards and undermine public health and environmental safeguards. The authors specifically oppose exempting geologic sequestration from the Resource Conservation and Recovery Act (RCRA) Subtitle C, arguing that CO2 streams containing impurities could constitute hazardous waste and that existing industrial activities, such as hazardous waste injection, operate without such broad liability shields.

• The signatories oppose efforts to exempt carbon capture and sequestration (CCS) operators from regulatory and statutory liabilities, arguing that these operators should shoulder the same responsibilities as other similar industrial activities.
• The authors argue that other high-risk industrial activities, including enhanced oil recovery, natural gas storage, hydraulic fracturing, and underground injection of hazardous or industrial waste, do not receive the broad liability relief being proposed for CCS.
• The coalition specifically urges the EPA not to exempt geologic sequestration operators from RCRA Subtitle C, as CO2 streams with impurities could be hazardous waste; such an exemption would remove incentives for cleanup and bypass stringent technical requirements and public participation rules.
• The document asserts that granting liability relief creates a moral hazard and risks shifting the financial burden of poor operations to taxpayers, while potentially endangering drinking water sources.

APA

Environmental and Energy Study Institute (2011). Liability relief for Carbon Dioxide Capture and Geologic Sequestration. https://www.eesi.org/files/CCS-Liability-Letter_Apr12_2011-2.pdf

Chicago

Environmental and Energy Study Institute. Liability relief for Carbon Dioxide Capture and Geologic Sequestration. 2011. https://www.eesi.org/files/CCS-Liability-Letter_Apr12_2011-2.pdf.

Wikipedia

{{cite press release |author=Environmental and Energy Study Institute |title=Liability relief for Carbon Dioxide Capture and Geologic Sequestration |date=12 April 2011 |url=https://www.eesi.org/files/CCS-Liability-Letter_Apr12_2011-2.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@misc{environmentalandenergystudyinstitute2011liability, author = {{Environmental and Energy Study Institute}}, title = {{Liability relief for Carbon Dioxide Capture and Geologic Sequestration}}, publisher = {Environmental and Energy Study Institute}, year = {2011}, month = apr, url = {https://www.eesi.org/files/CCS-Liability-Letter_Apr12_2011-2.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }