WEBVTT - Denial to Delay: How the Fossil Fuel Industry Rebranded an Oil Production Technique as a "Climate Solution" and Got Taxpayers to Foot the Bill

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<v Speaker 1>Welcome back to Drilled. I'm Amy Westervelt. We are still

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<v Speaker 1>working on this series I mentioned before, Denial to Delay,

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<v Speaker 1>focused on the false solutions that fossil fuel companies are

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<v Speaker 1>proposing to the climate crisis. We've talked about LNG, We've

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<v Speaker 1>talked about the role that management consultancies play in pushing

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<v Speaker 1>false solutions like carbon capture or hydrogen. Today we're going

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<v Speaker 1>to talk about carbon capture. I've been working on a

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<v Speaker 1>story about carbon capture for the last couple months that

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<v Speaker 1>we are co publishing with Vox, and I gotta say

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<v Speaker 1>it's kind of made my head explode. It's one of

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<v Speaker 1>those things where I kept looking at it and thinking

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<v Speaker 1>it can't possibly be as much of a scam as

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<v Speaker 1>it seems like it is, and then every single expert

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<v Speaker 1>I would talk to would make me feel like it

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<v Speaker 1>was even more of a scam. That's definitely true of

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<v Speaker 1>the person, and you're going to hear from today Carolyn Raffensberger,

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<v Speaker 1>who is an environmental lawyer and the executive director of

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<v Speaker 1>the Science and Environmental Health Network. Carolyn introduced me to

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<v Speaker 1>a bunch of experts, but talking to her was a

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<v Speaker 1>great way to kind of get overall context on how

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<v Speaker 1>exactly we got to where we're at with carbon capture,

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<v Speaker 1>Why it's been such a focus as a climate solution

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<v Speaker 1>when even in the best case scenario, which is nowhere

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<v Speaker 1>near our reality, it could only ever help with about

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<v Speaker 1>two percent of global emissions, and yet we're dumping billions

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<v Speaker 1>and billions of taxpayer dollars into it. Why how did

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<v Speaker 1>we get here and what role did oil companies play

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<v Speaker 1>in all of it. One thing that has suddenly made

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<v Speaker 1>fossil fuel companies very interested in carbon capture over the

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<v Speaker 1>last few years is the forty five Q tax credit.

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<v Speaker 1>This pays companies for capturing and storing two. It started

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<v Speaker 1>out in two thousand and eight, paying ten dollars for

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<v Speaker 1>every metric ton of carbon sequestered. In twenty eighteen, that

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<v Speaker 1>number increased to fifty dollars, and the Inflation Reduction Act

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<v Speaker 1>passed in twenty twenty two bumped it up to eighty

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<v Speaker 1>five dollars per metric ton. That increase was negotiated by

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<v Speaker 1>Senator Joe Manchin. It was one of several very controversial

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<v Speaker 1>suggestions he made when negotiating with the Biden administration over

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<v Speaker 1>their Build Back Better Bill, the result of which became

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<v Speaker 1>the Inflation Reduction Act. There's no cap on the amount

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<v Speaker 1>of tax credits a company can claim under forty five Q.

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<v Speaker 1>The amount of stored and sequestered carbon is entirely self reported,

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<v Speaker 1>and there's very little verification process. One expert I talked

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<v Speaker 1>to is that it's like the opposite of a carbon tax.

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<v Speaker 1>We're actually paying companies to produce more carbon. We've turned

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<v Speaker 1>carbon into a commodity. We're going to get into all

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<v Speaker 1>of that and more after this quick break. I want

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<v Speaker 1>to ask you about forty five Q in particular and

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<v Speaker 1>your thoughts on how much it benefits the industry.

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<v Speaker 2>The fact of the matter is that CO two as

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<v Speaker 2>the best solvent for tertiary extraction of oil. And if

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<v Speaker 2>you've got an almost depleted well, there's still oil in

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<v Speaker 2>the ground. You just can't get it out through the

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<v Speaker 2>usual means. But you got that hole in the ground,

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<v Speaker 2>and you've got a stranded asset knowing that it's there,

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<v Speaker 2>and if you just had CO two you could get

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<v Speaker 2>you could keep this well going for another X number

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<v Speaker 2>of years, you know, another twenty years, another thirty years.

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<v Speaker 2>That's a lot of quarterly report money. And so they

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<v Speaker 2>and knew that CO two was a good substance, a

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<v Speaker 2>good solvent for tertiary extraction of oil, but they didn't

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<v Speaker 2>have a supply, and along comes climate, and you know,

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<v Speaker 2>so if you capture CO two, And they started doing

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<v Speaker 2>carbon capture decades ago, a couple of decades ago and

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<v Speaker 2>realized it didn't work very well and it's very expensive.

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<v Speaker 2>But the CO two, if you've got you know, you

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<v Speaker 2>can get a lot of CO two that would keep

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<v Speaker 2>that fossil fuel industry going a long time. So they

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<v Speaker 2>cooked up the scheme to claim that it's a climate solution,

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<v Speaker 2>but oh my gosh, it just happens to provide a

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<v Speaker 2>steady supply of this incredible solvent that's expensive to collect

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<v Speaker 2>and then you know, move around the globe. And so

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<v Speaker 2>this is an ideal scheme where they can claim climate

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<v Speaker 2>solution even though we know that it just adds more

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<v Speaker 2>CO to to the environment and er is the absolute

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<v Speaker 2>worst idea if you're talking about climate. But they don't

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<v Speaker 2>need it in a steady flow, so they're going to

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<v Speaker 2>need it in kind of episodic quantities, and so we're

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<v Speaker 2>better than to claim to store it underground. And if

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<v Speaker 2>you can store it underground near old oil wells, how

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<v Speaker 2>much the better. And if you can claim that you're

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<v Speaker 2>storing it in the old oil wells and oh my gosh,

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<v Speaker 2>you just happen to get more oil out of it.

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<v Speaker 2>This is a win wind for the fossil fuel industry.

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<v Speaker 2>You get to keep polluting and drilling more, getting more oil,

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<v Speaker 2>not drilling but extracting more oil, and you have the

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<v Speaker 2>public pay for the CO two and then you get

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<v Speaker 2>more money for the oil. This is an extraordinary thing

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<v Speaker 2>you can do. You get to sell the say Sanol,

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<v Speaker 2>at a higher price because it's quote carbon neutral or

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<v Speaker 2>whatever else they're whatever they're else they're claiming about it.

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<v Speaker 2>You can sell it to California under their low carbon

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<v Speaker 2>fuel standard and get more money. You can create holding

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<v Speaker 2>markets for a sustainable aviation fuel. Is that this is

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<v Speaker 2>just an unbelievable pot of gold at the end of

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<v Speaker 2>the carbon capture rainbow.

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<v Speaker 1>I hadn't even thought about the sustainable aviation fuel connection,

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<v Speaker 1>to which is exploding right now.

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<v Speaker 2>So look at what the Air Resources Board CARB is

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<v Speaker 2>claiming in California and what they're going to do with

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<v Speaker 2>the low carbon fuel standard. I had an LA times

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<v Speaker 2>op ed two years ago. I think about California, what

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<v Speaker 2>the low carbon fuel standard is going to do in

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<v Speaker 2>conjunction with carbon capture and storage for ethanol in Iowa.

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<v Speaker 2>So that are we're going to increase corn production in Iowa,

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<v Speaker 2>which means we're going to do everything from increase the

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<v Speaker 2>water consumption remarkably, and we're going to do everything from

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<v Speaker 2>increased the pesticide use, the fertilizer use, which means we're

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<v Speaker 2>going to add to the dead zone in the Gulf.

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<v Speaker 2>It goes on and on, and nobody's looking at all

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<v Speaker 2>of the sequella. The consequences that they're going to claim

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<v Speaker 2>are unintended and they're not going to consider in their

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<v Speaker 2>overall models and environmental impact statements. And anytime a scientist

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<v Speaker 2>comes out with, wait a minute, you're increasing pesticides and fertilizers,

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<v Speaker 2>which have their own greenhouse consequences, they're going to be

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<v Speaker 2>challenged on every level. Well, the model used didn't use, Well,

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<v Speaker 2>your numbers are wrong, your outcome, the output of that

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<v Speaker 2>model is flawed. And so they're going to throw that

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<v Speaker 2>out and use industries model for showing that this is

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<v Speaker 2>actually a climate. And the other thing they do is.

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<v Speaker 3>They talk about what could be Yes, they do this

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<v Speaker 3>with carbon Like I just was talking to Excellent about

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<v Speaker 3>a carbon capture story, and all the language that they

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<v Speaker 3>use is like we plan to support.

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<v Speaker 1>X number of emissions reductions or like we're aiming to

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<v Speaker 1>achieve blah blah blah.

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<v Speaker 3>Sough.

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<v Speaker 2>Yeah, So every single claim you can go through and

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<v Speaker 2>look at the number of jobs that Summit is claiming

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<v Speaker 2>that they're going to have during construction, any of their claims,

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<v Speaker 2>any single claim how much water they're going to use,

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<v Speaker 2>which by the way, they don't know, and that will

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<v Speaker 2>be variable. But any claim that they make it's going

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<v Speaker 2>to be this much CO two, we won't need them,

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<v Speaker 2>and it don't make whatever it is they are lying,

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<v Speaker 2>and it's all these predictions which are no more valid

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<v Speaker 2>than a fortune cookie.

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<v Speaker 3>They have not they're always completely hedged in a way

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<v Speaker 3>that they can't be held accountable for lying or falsifying things.

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<v Speaker 1>But right it's still misleading.

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<v Speaker 2>And the new lawsuit, Oh what state is it? Portant?

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<v Speaker 2>Is it King County in Oregon that is claiming this

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<v Speaker 2>is not an act of God, these extreme heat events

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<v Speaker 2>not an act of God. It's an act of Eccon.

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<v Speaker 2>But the ability to claim God this is an act

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<v Speaker 2>of God for whatever the accident is. So everything is

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<v Speaker 2>a prediction, a plan, a promise, none of which comes true,

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<v Speaker 2>none of which comes true. If you look at any

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<v Speaker 2>of the predictions of any of the carbon capture facilities,

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<v Speaker 2>none of them are accurate. None of them are accurate

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<v Speaker 2>about how much storage is blow ground. You look at

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<v Speaker 2>all the problems that it could fill up much sooner.

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<v Speaker 2>But you've got this vast pipeline, and how would you

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<v Speaker 2>know that it is full if you're not measuring what's

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<v Speaker 2>coming back up. So every single place where they say

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<v Speaker 2>this is the outcome, I just assume they're lying. And

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<v Speaker 2>even if they're not lying, they don't have good evidence

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<v Speaker 2>to back up their claim, and they are never held accountable.

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<v Speaker 2>At what point do you say, we are going to

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<v Speaker 2>pull your permit and we are going to stop giving

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<v Speaker 2>you funding. So the IRA reduced the amount of emissions

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<v Speaker 2>of CO two that they actually had to capture to

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<v Speaker 2>get the credit.

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<v Speaker 1>Oh my god.

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<v Speaker 2>So the whole thing is rigged to just line the

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<v Speaker 2>pockets and keep the fossil fuel industry going. It doesn't

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<v Speaker 2>matter if they got all the CO two or if

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<v Speaker 2>it stays underground. They got the oil through eor and

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<v Speaker 2>its predictions are correct, you know, I saw one recently

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<v Speaker 2>that said eor was going to extend the life of

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<v Speaker 2>oil by eighty four years. That's a big number, and

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<v Speaker 2>I think that the sad part is that it's not

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<v Speaker 2>clear to us that the architects of the IRA, you know,

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<v Speaker 2>the really good environmentalists, actually understood this.

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<v Speaker 1>I wanted to have you talk a little bit about

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<v Speaker 1>the issues with self reporting and verification for forty five

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<v Speaker 1>Q and just how much there is no verifiable climate

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<v Speaker 1>impact happening here. The first thing to know is that

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<v Speaker 1>this is a leaky material. CO two has a way

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<v Speaker 1>of moving through the air, of leaking through pipelines and

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<v Speaker 1>all of that. And because we have no cradle to

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<v Speaker 1>grave tracking, we have no way of actually knowing how

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<v Speaker 1>much is really being collected, and how much is really

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<v Speaker 1>hitting well head, and how much is really staying underground,

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<v Speaker 1>either through sequestration or enhanced oil recovery.

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<v Speaker 2>We have no way of knowing. We have ways of

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<v Speaker 2>tracking hazardous materials. We have hazardous waste manifests, and so

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<v Speaker 2>every time the hazardous material just hands we track it.

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<v Speaker 2>We know who got it last, we know where it

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<v Speaker 2>ends up. We have really good information about volumes for

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<v Speaker 2>the most part. But with CO two there is no

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<v Speaker 2>tracking cradle to grave, and so it's just right for

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<v Speaker 2>both the financial fraud and the climate fraud, and so

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<v Speaker 2>we don't really know.

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<v Speaker 1>Can I also have you talk a little bit about

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<v Speaker 1>the safety issue and start moving this stuff around and

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<v Speaker 1>how we're sequestering it when it's actually being stored.

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<v Speaker 2>Well, those are two separate issues. The health effects are

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<v Speaker 2>because CO two is a unique material. It has properties

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<v Speaker 2>for how it travels that it's heavier than ambient air,

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<v Speaker 2>and so it sinks down and can stay together and move.

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<v Speaker 2>So if your CO two pipeline goes through your neighborhood

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<v Speaker 2>and you live in a basement, that CO two is

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<v Speaker 2>as likely to go down into your apartment rather than

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<v Speaker 2>up to the top floors. So it moves in unique ways.

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<v Speaker 2>And it acidifies water. And if you think about how

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<v Speaker 2>much of your body is made out of water, your eyes,

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<v Speaker 2>the mucous membranes in your nose, and your mouth, these

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<v Speaker 2>are all watery, aqueous. And just as it can acidify water,

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<v Speaker 2>it can acidify those parts of our body that it

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<v Speaker 2>comes in contact with. And we know that it's one

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<v Speaker 2>of the reasons the ocean is acidifying is because of

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<v Speaker 2>this unusual property of CO two meeting water forming carbonic acid.

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<v Speaker 2>Another property of CO two is that it is toxic

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<v Speaker 2>in that it has poisonous qualities, and then of course

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<v Speaker 2>it's an asphyxiant. We have very carefully calibrated mechanisms in

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<v Speaker 2>our body to get rid of CO two. We are

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<v Speaker 2>organisms designed to get rid of CO two because it

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<v Speaker 2>does sidify our bodies and because it can deprive us

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<v Speaker 2>of oxygen and suffocate you. It's not a pleasant death.

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<v Speaker 2>We use CO two to euthanize animals and confined animal

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<v Speaker 2>feeding operations. So this is not a material that's conducive

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<v Speaker 2>to life, especially when we concentrate it. When we concentrate

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<v Speaker 2>it and put it through pipelines and compressor stations and

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<v Speaker 2>valves and all of those things, we are concentrating a

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<v Speaker 2>material that moves differently, that is toxic, that's ynysphyxiant, that

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<v Speaker 2>does nasty things to water with water when it meets water.

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<v Speaker 2>So for all those reasons, it has health impacts that

0:14:50.920 --> 0:14:53.800
<v Speaker 2>are very different than oil and gas. So these are

0:14:53.840 --> 0:14:57.880
<v Speaker 2>not your grandmother's pipelines. They could be lethal. We talk

0:14:57.920 --> 0:15:00.920
<v Speaker 2>about the kill zone or a fatality zone. Around a

0:15:00.960 --> 0:15:04.800
<v Speaker 2>CO two pipeline. We don't talk about that with oil

0:15:04.800 --> 0:15:08.600
<v Speaker 2>and gas pipelines. So oil leaks out and it has

0:15:08.760 --> 0:15:12.680
<v Speaker 2>a limited range where it's going to flow. I might

0:15:12.720 --> 0:15:15.840
<v Speaker 2>be a fairly big area, but we don't start talking

0:15:15.840 --> 0:15:18.760
<v Speaker 2>about a fatality zone or a kill zone with an

0:15:18.800 --> 0:15:24.840
<v Speaker 2>oil pipeline. And so these are very unusual. And because

0:15:25.000 --> 0:15:28.880
<v Speaker 2>of the carbonic acid in a pipeline, if it meets water,

0:15:28.960 --> 0:15:34.120
<v Speaker 2>CO two meets water, it's highly corrosive. So pipelines that

0:15:34.240 --> 0:15:39.360
<v Speaker 2>have CO two with impurities are more likely to leak

0:15:39.560 --> 0:15:43.960
<v Speaker 2>or rupture or have some other problem associated with them.

0:15:44.280 --> 0:15:51.200
<v Speaker 2>So all around, these are uniquely dangerous and underregulated. So

0:15:51.320 --> 0:15:55.000
<v Speaker 2>let's just say we knew that we could have all

0:15:55.040 --> 0:15:58.800
<v Speaker 2>the right metals, all the right ways to ship this

0:15:58.960 --> 0:16:03.440
<v Speaker 2>material somewhere and do it with one hundred percent safety. Well,

0:16:03.480 --> 0:16:07.360
<v Speaker 2>we know that we can't do that, and we don't

0:16:07.360 --> 0:16:12.240
<v Speaker 2>even have regulations promulgated by THEIMSA and finalized for CO

0:16:12.440 --> 0:16:17.840
<v Speaker 2>two pipelines. Following an accident in Starsha, Mississippi, where there

0:16:17.920 --> 0:16:21.160
<v Speaker 2>was an explosion of CO two and which caused a

0:16:21.240 --> 0:16:26.000
<v Speaker 2>lot of health problems in the population that was within

0:16:26.640 --> 0:16:30.760
<v Speaker 2>a farther away than you might think would be it

0:16:30.760 --> 0:16:36.840
<v Speaker 2>would experience a problem, and so the FISA, the Pipeline

0:16:36.880 --> 0:16:41.800
<v Speaker 2>and Hazardous Material Safety Administration, decided to look at why

0:16:41.840 --> 0:16:46.400
<v Speaker 2>that accident happened and to promulgate a new rule that

0:16:46.640 --> 0:16:52.320
<v Speaker 2>would actually regulate pipeline construction and CO two pipeline companies.

0:16:53.320 --> 0:16:56.280
<v Speaker 2>That rule is not final and we don't know when

0:16:56.280 --> 0:16:59.320
<v Speaker 2>it will be final It's been held up at omb

0:16:59.440 --> 0:17:03.720
<v Speaker 2>for some time. And yet a pipeline company in Iowa

0:17:04.040 --> 0:17:10.720
<v Speaker 2>called the Summit Carbon Solutions Pipeline has solicited permits in

0:17:10.840 --> 0:17:16.360
<v Speaker 2>multiple states and just been given a permit by the

0:17:16.400 --> 0:17:22.280
<v Speaker 2>Iowa Utilities Commission, And they gave permission even knowing that

0:17:22.320 --> 0:17:25.720
<v Speaker 2>the CO two pipeline rule had not been finalized and

0:17:26.119 --> 0:17:30.200
<v Speaker 2>that the company is not bound by it. Whatever the

0:17:30.280 --> 0:17:33.640
<v Speaker 2>rule will be, it's not going to be applied retroactively.

0:17:33.880 --> 0:17:36.480
<v Speaker 2>Now there's some things that will apply retroactively if there

0:17:36.960 --> 0:17:41.520
<v Speaker 2>are new emergency management plans or things like that, but

0:17:41.720 --> 0:17:47.159
<v Speaker 2>any construction requirements for materials or other things will not

0:17:47.400 --> 0:17:50.639
<v Speaker 2>be applied retroactively to Summit. So what we have is

0:17:50.680 --> 0:17:55.720
<v Speaker 2>a very hazardous material is underregulated. It's not well accounted

0:17:55.760 --> 0:17:59.120
<v Speaker 2>for when we move it through the system. And then

0:17:59.160 --> 0:18:02.840
<v Speaker 2>on top of that, we are not just creating a

0:18:02.920 --> 0:18:07.800
<v Speaker 2>straight through pipeline. We are creating a vast network of

0:18:07.920 --> 0:18:12.760
<v Speaker 2>pipelines of multiple sizes and therefore all these connections. So

0:18:12.800 --> 0:18:16.760
<v Speaker 2>we're going to be connecting pipelines. They're fairly small in

0:18:16.880 --> 0:18:20.119
<v Speaker 2>diameter two toess so it can range from four inches

0:18:20.160 --> 0:18:24.240
<v Speaker 2>to twenty four inches. But all of those connections, all

0:18:24.280 --> 0:18:28.280
<v Speaker 2>of those transitions between the collection of CO to the

0:18:28.320 --> 0:18:31.240
<v Speaker 2>compression of it, the putting it into the pipeline, then

0:18:31.320 --> 0:18:33.359
<v Speaker 2>moving it to a bigger pipeline, the moving it to

0:18:33.440 --> 0:18:36.120
<v Speaker 2>a smaller pipeline, whatever it might be. Well, I think

0:18:36.119 --> 0:18:38.280
<v Speaker 2>they're all going to go to a bigger pipeline as

0:18:38.280 --> 0:18:42.280
<v Speaker 2>it's going to have feeder pipelines into the main trunkline

0:18:42.320 --> 0:18:48.160
<v Speaker 2>of the pipeline. But every time you add another feeder line,

0:18:48.200 --> 0:18:51.560
<v Speaker 2>every time you add one that's the different dimension and

0:18:51.720 --> 0:18:56.280
<v Speaker 2>connect it to a larger pipeline and have all these

0:18:56.320 --> 0:19:02.119
<v Speaker 2>pump stations and this vast spider web of pipelines, you

0:19:02.359 --> 0:19:05.399
<v Speaker 2>add to the risk. So if you have a straight

0:19:05.440 --> 0:19:10.720
<v Speaker 2>shot pipeline that's uniform in size, that has the right

0:19:10.800 --> 0:19:15.040
<v Speaker 2>number of arrestors to stop these ductal these fractures that

0:19:15.119 --> 0:19:19.240
<v Speaker 2>can just unzip a pipeline. Given the nature of CO two,

0:19:19.840 --> 0:19:23.639
<v Speaker 2>you know we're in trouble. So I advocate preventing harm

0:19:23.720 --> 0:19:27.560
<v Speaker 2>that may happen if it's a preventable harm. So there's

0:19:27.640 --> 0:19:32.040
<v Speaker 2>no reason that we should be paying a polluter for

0:19:32.400 --> 0:19:38.840
<v Speaker 2>a known pollutant, a known unusual hazard. And then you know,

0:19:39.440 --> 0:19:44.800
<v Speaker 2>allowing them to claim land through eminent domain, seizing private land,

0:19:44.960 --> 0:19:49.040
<v Speaker 2>running it through communities with all of this complexity, and

0:19:49.119 --> 0:19:52.480
<v Speaker 2>most of these companies are new, they don't have experience

0:19:53.080 --> 0:19:57.359
<v Speaker 2>managing a pipeline, and all of the things that they say,

0:19:57.440 --> 0:20:01.639
<v Speaker 2>the assurances they give, we will have multiple generators, we

0:20:01.680 --> 0:20:05.840
<v Speaker 2>can stop this in seconds. We can do that's we

0:20:05.880 --> 0:20:10.959
<v Speaker 2>know from experience. That's not how real life operates. And

0:20:11.040 --> 0:20:16.560
<v Speaker 2>so this vast network of underregulated pipelines of new companies,

0:20:17.119 --> 0:20:21.119
<v Speaker 2>the complexity of this, the nature of the material all

0:20:21.240 --> 0:20:26.360
<v Speaker 2>mean that we are building in hazards that are going

0:20:26.400 --> 0:20:31.320
<v Speaker 2>to behave unpredictably, and then we are putting it somewhere

0:20:31.400 --> 0:20:37.399
<v Speaker 2>underground in inadequately characterized geologic formations. But we know what

0:20:37.400 --> 0:20:40.080
<v Speaker 2>we're looking for. We know what we want in an

0:20:40.160 --> 0:20:46.280
<v Speaker 2>underground a vault where it's never going to escape. But

0:20:46.600 --> 0:20:49.719
<v Speaker 2>most of the places that we are looking at putting

0:20:49.720 --> 0:20:55.000
<v Speaker 2>the material already have the cap rock which would be

0:20:55.080 --> 0:20:58.400
<v Speaker 2>required to hold it in place and keep it from

0:20:58.400 --> 0:21:01.199
<v Speaker 2>contaminating drinking water and all the other things that it

0:21:01.240 --> 0:21:06.320
<v Speaker 2>can do. But we've already punctured those caprocs in these

0:21:06.359 --> 0:21:10.560
<v Speaker 2>places with existing oil and gas wells. We don't even

0:21:10.640 --> 0:21:13.440
<v Speaker 2>know where all of them are. We have abandoned wells

0:21:14.080 --> 0:21:17.560
<v Speaker 2>littering the landscape. And we think we're going to put

0:21:17.800 --> 0:21:22.040
<v Speaker 2>CO two down in the underground, and then they're going

0:21:22.119 --> 0:21:25.720
<v Speaker 2>to you know, all the ways that CO two can

0:21:25.800 --> 0:21:29.760
<v Speaker 2>move up the well, leaky casing in a well. When

0:21:29.760 --> 0:21:33.520
<v Speaker 2>it's being shot down into the wall, it's endless. And

0:21:33.560 --> 0:21:37.720
<v Speaker 2>so all of their assurances about we've got this, don't worry,

0:21:37.880 --> 0:21:44.360
<v Speaker 2>go go shopping at Walmart our demeaning for people who

0:21:44.440 --> 0:21:48.960
<v Speaker 2>actually have studied this and know anything about the hazards

0:21:49.000 --> 0:21:52.960
<v Speaker 2>of CO two both as a climate threat, but then

0:21:53.280 --> 0:21:56.640
<v Speaker 2>when we concentrate it and shove it through pipelines as

0:21:56.640 --> 0:22:00.959
<v Speaker 2>a super critical liquid, we are asking for trouble. This

0:22:01.080 --> 0:22:03.760
<v Speaker 2>is sort of like giving a sixteen year old with

0:22:03.800 --> 0:22:07.119
<v Speaker 2>a known drug habit the keys to the Ferrari and

0:22:07.560 --> 0:22:10.040
<v Speaker 2>assuming they're going to stop, they're going to drive thirty

0:22:10.080 --> 0:22:12.280
<v Speaker 2>miles an hour and stop at every stop sign and

0:22:12.320 --> 0:22:13.960
<v Speaker 2>be home by eight pm.

0:22:14.400 --> 0:22:17.720
<v Speaker 1>Is it still true that PIMSA has not finalized its

0:22:17.800 --> 0:22:20.040
<v Speaker 1>its rules for CO two pipelines.

0:22:21.320 --> 0:22:24.520
<v Speaker 2>One of the things that's worth looking at is FIMSA overall.

0:22:25.240 --> 0:22:28.919
<v Speaker 2>So FIMSA manages hazardous materials, it's in their name. In

0:22:28.960 --> 0:22:34.399
<v Speaker 2>the accident in East Palestine, that's under fims's jurisdiction. So

0:22:34.520 --> 0:22:38.360
<v Speaker 2>the same entity that is supposed to be regulating those

0:22:38.400 --> 0:22:43.159
<v Speaker 2>trains with hazard's materials is also regulating pipelines with hazardous

0:22:43.160 --> 0:22:46.880
<v Speaker 2>materials like CO two. So FIMSA itself is an interesting

0:22:46.920 --> 0:22:50.560
<v Speaker 2>agency and what authority it has or does not have.

0:22:51.320 --> 0:22:54.800
<v Speaker 2>It is one of the agencies that is most wholly

0:22:54.800 --> 0:23:01.080
<v Speaker 2>captured by industry. Their regulations are often directly taken from industry,

0:23:01.760 --> 0:23:07.439
<v Speaker 2>just lifted from industry recommendations and incorporated by reference. It

0:23:07.560 --> 0:23:12.159
<v Speaker 2>is a wholly captured entity. And yet they recognized the

0:23:12.240 --> 0:23:16.920
<v Speaker 2>CO two pipelines were unusually dangerous and underregulated, so they

0:23:17.240 --> 0:23:20.879
<v Speaker 2>drafted a regulation which we've not seen. It's currently at

0:23:20.920 --> 0:23:26.920
<v Speaker 2>omb and FIMSA has had its authority sorely limited by

0:23:27.200 --> 0:23:31.959
<v Speaker 2>companies that make it do two cost benefit analyzes. So

0:23:32.200 --> 0:23:36.320
<v Speaker 2>just getting a rule through the cost benefit analysis that

0:23:36.359 --> 0:23:39.399
<v Speaker 2>they have to do means that they are going to

0:23:40.080 --> 0:23:42.560
<v Speaker 2>air on the side of the industry. They are not

0:23:42.680 --> 0:23:44.840
<v Speaker 2>going to err on the side of the public. It's

0:23:44.840 --> 0:23:47.680
<v Speaker 2>just the way they're set up. It's what Congress, the

0:23:47.760 --> 0:23:51.720
<v Speaker 2>authority Congress has not given them, and the requirements they

0:23:51.840 --> 0:23:56.400
<v Speaker 2>put in place to make a rule as weak as possible.

0:23:56.680 --> 0:23:58.719
<v Speaker 2>You know, it's supposed to benefit the economy. It's not

0:23:58.760 --> 0:24:00.919
<v Speaker 2>supposed to protect public health and safety as far as

0:24:00.920 --> 0:24:04.800
<v Speaker 2>we can tell. And that rule has now gone to

0:24:04.840 --> 0:24:12.479
<v Speaker 2>OMB and it's under Ohirah, the agency that reviews these rules,

0:24:12.800 --> 0:24:15.480
<v Speaker 2>and we thought it was going to come out somewhere

0:24:15.520 --> 0:24:19.000
<v Speaker 2>around March, and it has not been released. You can

0:24:19.040 --> 0:24:23.080
<v Speaker 2>go on their website and they have public meetings that

0:24:23.160 --> 0:24:26.159
<v Speaker 2>have been scheduled, meetings with members of the public. I

0:24:26.200 --> 0:24:29.560
<v Speaker 2>should be clear, not public meetings, but meetings with members

0:24:29.600 --> 0:24:32.480
<v Speaker 2>of the public, maybe industry. It might be the landowner

0:24:32.480 --> 0:24:35.560
<v Speaker 2>in Iowa. I don't know. I think they listed, but

0:24:36.000 --> 0:24:38.920
<v Speaker 2>I haven't gone and looked in the last week. And

0:24:39.680 --> 0:24:42.840
<v Speaker 2>the delay in this means that if they don't come

0:24:42.840 --> 0:24:47.159
<v Speaker 2>out with that rule soon the new administration, if we

0:24:47.320 --> 0:24:51.200
<v Speaker 2>have a change in administrations, could review that rule and

0:24:52.080 --> 0:24:55.640
<v Speaker 2>throw it out, start over again or not. So we

0:24:55.680 --> 0:24:59.920
<v Speaker 2>are in a logjam with that rule, and there's something

0:25:00.119 --> 0:25:03.359
<v Speaker 2>that are contingent on that rule passing. California has a

0:25:03.359 --> 0:25:08.600
<v Speaker 2>moratorium in part on CO two pipelines, not intrust sit sites,

0:25:08.640 --> 0:25:13.720
<v Speaker 2>but interstates sites and inter sites between sites and off

0:25:14.160 --> 0:25:18.520
<v Speaker 2>an industry's property. There's a moratorium on COO two pipelines

0:25:18.600 --> 0:25:23.280
<v Speaker 2>that was passed by the California legislature that prohibits any

0:25:23.320 --> 0:25:26.400
<v Speaker 2>of these pipelines, specifically the ones that go off site

0:25:27.000 --> 0:25:32.440
<v Speaker 2>until FILMS finalizes its rule. And Illinois has a similar

0:25:32.520 --> 0:25:37.000
<v Speaker 2>rule or two years. So Illinois just passed legislation that

0:25:37.080 --> 0:25:41.879
<v Speaker 2>also does that. And there are numerous jurisdictions in elsewhere

0:25:41.920 --> 0:25:46.520
<v Speaker 2>that are smaller, not state but county and jurisdictions and

0:25:46.560 --> 0:25:49.000
<v Speaker 2>things like that that have also put in place a

0:25:49.080 --> 0:25:52.720
<v Speaker 2>moratorium until they come out with a rule. So a

0:25:52.760 --> 0:25:56.359
<v Speaker 2>lot hinges on this. The question came before the Iowa

0:25:56.440 --> 0:25:59.919
<v Speaker 2>Utilities Commission about whether they should wait for the rule,

0:26:00.080 --> 0:26:02.320
<v Speaker 2>and they decided not to, and they does not put

0:26:02.600 --> 0:26:07.119
<v Speaker 2>in place of moratorium on their permit. So that's a

0:26:07.200 --> 0:26:11.080
<v Speaker 2>quick run through on safety. There's been a lot of

0:26:11.200 --> 0:26:15.000
<v Speaker 2>private interest money going into research focused on carbon capture

0:26:15.040 --> 0:26:17.920
<v Speaker 2>and that has pushed things in this direction as well.

0:26:18.440 --> 0:26:22.000
<v Speaker 2>So all the ways that corporations can get the public

0:26:22.040 --> 0:26:25.439
<v Speaker 2>to fund them, and the carbon capture and storage is

0:26:25.440 --> 0:26:28.520
<v Speaker 2>a good case study for that. So if you start

0:26:28.560 --> 0:26:32.560
<v Speaker 2>with the tax credit on the federal level that carbon

0:26:32.600 --> 0:26:36.920
<v Speaker 2>capture and storage is going to garner going forward. That's

0:26:36.960 --> 0:26:41.000
<v Speaker 2>a huge amount of money. Huge and then you look

0:26:41.040 --> 0:26:43.640
<v Speaker 2>at all of the other ways that this fits together.

0:26:44.160 --> 0:26:50.520
<v Speaker 2>There's a vast economic structure that supports industry and business financially,

0:26:51.200 --> 0:26:55.000
<v Speaker 2>and then on top of that, there's a huge economic

0:26:55.480 --> 0:26:58.119
<v Speaker 2>infrastructure that's built on top of the forty five Q

0:26:59.000 --> 0:27:03.080
<v Speaker 2>tax credits. So everything from the carbon credits that you

0:27:03.119 --> 0:27:07.919
<v Speaker 2>can buy and sell, there's futures, markets, derivatives, all of

0:27:07.960 --> 0:27:10.360
<v Speaker 2>these things that are being predicated on the forty five

0:27:10.440 --> 0:27:13.040
<v Speaker 2>Q tax credit. And then there's all the ways that

0:27:13.080 --> 0:27:18.080
<v Speaker 2>the state laws are flying buttresses for things like federal

0:27:18.119 --> 0:27:24.879
<v Speaker 2>tax credits. So some states actually have mirror laws so

0:27:24.920 --> 0:27:28.399
<v Speaker 2>that if they get a federal tax credit, that automatically

0:27:28.520 --> 0:27:33.560
<v Speaker 2>gives them a state credit on their state taxes. So

0:27:34.200 --> 0:27:37.240
<v Speaker 2>I think there are twenty some odd states that have

0:27:37.359 --> 0:27:42.400
<v Speaker 2>that kind of parallel tax structures. So if the federal

0:27:42.440 --> 0:27:47.480
<v Speaker 2>government gives Exxon a tax credit, then the state counts

0:27:47.520 --> 0:27:50.440
<v Speaker 2>that off of their income that they have to report

0:27:50.600 --> 0:27:55.600
<v Speaker 2>for their state taxes. And then there are things like

0:27:55.760 --> 0:28:02.800
<v Speaker 2>state tax credits in states like Iowa that give companies research.

0:28:03.200 --> 0:28:07.280
<v Speaker 2>If they do research into various products or whatever else,

0:28:07.840 --> 0:28:10.520
<v Speaker 2>they get a tax credit for that research. And yet

0:28:10.520 --> 0:28:15.040
<v Speaker 2>we are starving our public institutions, you know, our Iowa

0:28:15.119 --> 0:28:21.760
<v Speaker 2>State University from money. And in addition, we have federal

0:28:21.840 --> 0:28:26.760
<v Speaker 2>laws that are reflected in those state institutions that have

0:28:26.920 --> 0:28:32.960
<v Speaker 2>set into place a way of transferring technology through these

0:28:33.160 --> 0:28:39.960
<v Speaker 2>university publicly funded and industry partnerships. And that's under a

0:28:40.000 --> 0:28:42.920
<v Speaker 2>whole set of laws that originated with something called the

0:28:42.920 --> 0:28:48.040
<v Speaker 2>Bidole Technology Transfer Act, where we wanted to get technologies

0:28:48.080 --> 0:28:50.720
<v Speaker 2>into public hands. The best way to do with that

0:28:50.880 --> 0:28:54.640
<v Speaker 2>was through private corporations. And that's Following World War Two,

0:28:55.400 --> 0:29:02.080
<v Speaker 2>we put in place that entire funding structure for R

0:29:02.120 --> 0:29:02.440
<v Speaker 2>and D.

0:29:03.160 --> 0:29:04.840
<v Speaker 3>So there's so little.

0:29:04.840 --> 0:29:09.720
<v Speaker 2>Science now that is government and publicly funded that is

0:29:09.960 --> 0:29:15.440
<v Speaker 2>simply science in the public interest. Oh, this is just parenthetical,

0:29:15.520 --> 0:29:20.000
<v Speaker 2>believe but Jane Lupchenko, who is president of Triple As,

0:29:20.320 --> 0:29:23.440
<v Speaker 2>said we needed a new social contract for science, and

0:29:23.480 --> 0:29:26.640
<v Speaker 2>the reason was that we were now facing a planet

0:29:26.680 --> 0:29:30.440
<v Speaker 2>that was in dire straits and we were still operating

0:29:30.520 --> 0:29:33.600
<v Speaker 2>under the old contract, which is we need more widgets

0:29:33.640 --> 0:29:36.840
<v Speaker 2>for the balance of trade, and so we're not doing

0:29:36.880 --> 0:29:41.360
<v Speaker 2>basic science. We're not looking at preventive health measures, or

0:29:41.880 --> 0:29:46.719
<v Speaker 2>you know, we're developing viagra and glaucoma drugs. We're developing

0:29:47.240 --> 0:29:50.120
<v Speaker 2>pharmaceuticals that make companies rich for a very long time.

0:29:51.040 --> 0:29:56.600
<v Speaker 2>And we are funding carbon capture and storage through enormous

0:29:56.720 --> 0:30:00.640
<v Speaker 2>amounts of money through Department of Energy with loans and grants.

0:30:01.240 --> 0:30:05.959
<v Speaker 2>The Transfer Act, which has both construction, well get Maggie

0:30:05.960 --> 0:30:08.320
<v Speaker 2>to talk about it, but that they can help fund

0:30:08.440 --> 0:30:12.719
<v Speaker 2>construction as well as then fund the credits under different

0:30:12.800 --> 0:30:16.320
<v Speaker 2>tax credit structures and they can take their choice or

0:30:16.440 --> 0:30:19.640
<v Speaker 2>double dip. And there's been a lot of research now

0:30:19.880 --> 0:30:22.240
<v Speaker 2>on our side trying to look at can they double

0:30:22.280 --> 0:30:25.720
<v Speaker 2>dip on these and can they both get an ethanol

0:30:25.840 --> 0:30:29.600
<v Speaker 2>tax credit and a forty five Q tax credit. Paul's

0:30:29.600 --> 0:30:32.680
<v Speaker 2>written and said no. But if you look at the

0:30:32.960 --> 0:30:37.240
<v Speaker 2>big corporate lawyers who defend these guys and do their

0:30:37.280 --> 0:30:41.080
<v Speaker 2>tax returns. They are looking for every avenue possible to

0:30:41.200 --> 0:30:44.960
<v Speaker 2>get more public money flowing into the likes of Chevron

0:30:45.040 --> 0:30:50.640
<v Speaker 2>and Exxon and Summit. So the amount of money that

0:30:50.760 --> 0:30:54.200
<v Speaker 2>is coming in so many different directions and is not

0:30:54.400 --> 0:30:59.560
<v Speaker 2>fully accounted in a public ledger. For what this has

0:30:59.600 --> 0:31:02.360
<v Speaker 2>cost us is unbelievable.

0:31:03.520 --> 0:31:05.520
<v Speaker 1>The last thing I wanted to ask you about is

0:31:05.920 --> 0:31:10.440
<v Speaker 1>that the one place that litigation might be possible is

0:31:10.520 --> 0:31:11.680
<v Speaker 1>around the pipelines.

0:31:12.080 --> 0:31:14.960
<v Speaker 2>Yeah, so this the pipelines are going to be litigated.

0:31:15.080 --> 0:31:18.400
<v Speaker 2>We all know that. Everybody's saying it. It's and it'll

0:31:18.440 --> 0:31:21.520
<v Speaker 2>be litigated under a couple of places. But first and

0:31:21.560 --> 0:31:28.200
<v Speaker 2>foremost is eminent domain. Why should private land be taken

0:31:28.240 --> 0:31:32.280
<v Speaker 2>from a private landowner and given to another private owner.

0:31:32.920 --> 0:31:36.480
<v Speaker 2>So that's going to get litigated, and then it will

0:31:36.520 --> 0:31:40.479
<v Speaker 2>probably be litigated under the Army Corps of Engineer's Permit

0:31:40.560 --> 0:31:44.760
<v Speaker 2>fifty eight. So you know, the way we won for

0:31:44.800 --> 0:31:48.760
<v Speaker 2>the most part Dakota access with the tribes was the

0:31:48.880 --> 0:31:51.880
<v Speaker 2>Army Corps of Engineers permits, the couple of permits they

0:31:51.880 --> 0:31:54.560
<v Speaker 2>had to give for the Missouri River with Dakota access,

0:31:54.720 --> 0:31:58.440
<v Speaker 2>and I'm sure there will be some litigation with nationwide

0:31:58.440 --> 0:32:02.680
<v Speaker 2>Permit fifty eight, but that tends not to stop stuff.

0:32:02.720 --> 0:32:07.360
<v Speaker 2>So one of the tactics of these pipeline companies is

0:32:07.400 --> 0:32:11.239
<v Speaker 2>to rush stuff, to start construction before they've got all

0:32:11.240 --> 0:32:14.800
<v Speaker 2>the permits in now. Iowa has said you cannot start

0:32:15.240 --> 0:32:18.920
<v Speaker 2>construction until you've got North Dakota's permit for the poor

0:32:18.960 --> 0:32:23.000
<v Speaker 2>space and for the pipeline, and South Dakota's pipeline permit,

0:32:23.840 --> 0:32:27.640
<v Speaker 2>but the rest of them, they would rush. So even

0:32:27.680 --> 0:32:30.640
<v Speaker 2>if they don't have all of the other permits that

0:32:30.680 --> 0:32:32.880
<v Speaker 2>they need, and there's quite a few, including the Army

0:32:32.920 --> 0:32:37.040
<v Speaker 2>Corps engineers and others, and the Army Corps usually aggregates

0:32:37.240 --> 0:32:40.560
<v Speaker 2>a bunch of other agency permits US Fish and Wildlife

0:32:40.640 --> 0:32:44.320
<v Speaker 2>and all of those, so they will start construction. And

0:32:44.360 --> 0:32:48.040
<v Speaker 2>then the logic is, you can't stop us now, we've

0:32:48.080 --> 0:32:51.880
<v Speaker 2>invested so much money. They'll say, when the rule comes out, well,

0:32:51.920 --> 0:32:54.960
<v Speaker 2>you can't change the rules of the game now, because

0:32:54.960 --> 0:32:58.080
<v Speaker 2>we've already we are already got at this permit, we've

0:32:58.080 --> 0:33:01.240
<v Speaker 2>already you know, whatever they've all already done. You can't

0:33:01.320 --> 0:33:03.800
<v Speaker 2>change anything now, and you can't hold them accountable, and

0:33:03.840 --> 0:33:08.240
<v Speaker 2>you can't stop construction because they've started, and we saw it.

0:33:08.360 --> 0:33:11.680
<v Speaker 2>Really they started without the Army Corps of Engineer's permit

0:33:11.880 --> 0:33:15.360
<v Speaker 2>in Iowa and without a bunch of other permits, and

0:33:15.920 --> 0:33:20.200
<v Speaker 2>then it was well, we can't waste that money. Who's

0:33:20.240 --> 0:33:22.400
<v Speaker 2>going to stop them? You know? And now the DA

0:33:22.440 --> 0:33:26.880
<v Speaker 2>Code access is actually up and running. The judge Boasberg

0:33:27.120 --> 0:33:30.680
<v Speaker 2>in Washington said this is not a legal permit, but

0:33:30.720 --> 0:33:35.040
<v Speaker 2>they're not making him tear it out. So you know,

0:33:35.080 --> 0:33:38.480
<v Speaker 2>the question is at what point does litigation actually stop

0:33:38.640 --> 0:33:42.080
<v Speaker 2>something or when does it just make a lot of

0:33:42.120 --> 0:33:46.040
<v Speaker 2>nonprofit lawyers crazy and a lot of industry lawyers rich.

0:33:46.920 --> 0:33:50.760
<v Speaker 2>So the litigation will emerge over time and the pipelines

0:33:50.800 --> 0:33:53.120
<v Speaker 2>are the best bet and will it stop it? I

0:33:53.120 --> 0:33:53.479
<v Speaker 2>don't know.

0:34:01.280 --> 0:34:03.640
<v Speaker 1>That's it for this time. We'll be back soon with

0:34:03.720 --> 0:34:06.920
<v Speaker 1>another episode in this series. Don't forget to check out

0:34:07.000 --> 0:34:09.840
<v Speaker 1>the print stories that are going along with this series

0:34:09.880 --> 0:34:13.239
<v Speaker 1>as well on our website at drilled dot Media and

0:34:13.360 --> 0:34:17.760
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0:34:18.200 --> 0:34:22.239
<v Speaker 1>This episode was mixed and mastered by Peter duff Our.

0:34:22.360 --> 0:34:25.040
<v Speaker 1>Theme music is Bird in the Hand by four Known,

0:34:25.440 --> 0:34:30.400
<v Speaker 1>fact checking by Sarah Sneath. Our artwork is by Matthew Fleming.

0:34:30.920 --> 0:34:33.880
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