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“Charting a path toward clean coal is essential to achieving myAdministration’s goals of providing clean energy, supporting American jobs,and reducing emissions of carbon pollution.”-President Barack Obama 128Fossil Fuel Industry Doesn’t Mind the OddsThe fossil fuel industry has been actively advocatingto shift responsibility and liability for CO2 sequestrationand monitoring to the public, as they have alsodone for virtually any type of liability for their publichealth impacts. The oil and gas extraction industry isexempt from regulations under possibly every federalenvironmental law, including the Safe Drinking WaterAct, Clean Air Act, Clean Water Act, and Superfundlaw. 124 In 2013, EPA decided that CO2 captured forgeological sequestration would be exempt fromhazardous waste regulations under the ResourceConservation and Recovery Act, although pointingout industry was already exempt if the CO2 is used toincrease oil extraction. 125© Steve Morgan / GreenpeaceCarbon Capture Scam Chapter: 3Industry also succeeded at transferring liability withrespect to international CCS policy. In the 2011Durban international climate negotiations, countriesagreed to allow CCS projects to be eligible forapplication to the Clean Development Mechanism(CDM). Under the agreement, industry will be requiredto monitor sequestration sites for only twenty yearsafter credits for sequestration have ceased, even ifinjection is still occurring, after which liability for anyleakage is transferred to the host country (to thepublic). 126 Japan, the UK and Norway have countedinvestments in carbon capture in developing countriestoward their climate finance obligations agreed duringthe UN climate negotiations, including grants byNorway for CO2-EOR research in India. 127Page 23

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