Clean Baseload Power: A Politically Durable Energy Agenda

ClearPath was founded in 2014 to fill the whitespace in the energy debate. Plenty of technology and industry-specific organizations existed. But who was working on an American innovation agenda and policy strategy focused on building clean, baseload energy? And, more specifically, who were the conservative voices? 

That’s where ClearPath founder Jay Faison stepped in: “I want conservatives to be leaders on clean energy—from nuclear to hydropower to clean fossil fuels—both to improve the environment and strengthen real conservative leadership.” 

Today, politics remain polarized, and there is still healthy debate over which technology is the best, most affordable way to meet growing demand. 

Instead of falling into the false choice trap of fossil fuels versus renewables, or the economy versus the environment, we espouse choosing markets over mandates and innovation over regulation. 

And now, as the post-One Big Beautiful Bill dust settles, an actual clear path for a politically durable American energy system has emerged.

Amidst the political noise, a quiet, bipartisan consensus has formed around a critical piece of America’s energy future: clean, firm, 24/7 energy technologies.

Both parties recognize that if we want to maintain a reliable grid, meet growing electricity demand to win the AI race, and reduce emissions, we need firm, always-on clean power.

This is where technologies like advanced nuclear, carbon capture, hydropower, fusion and enhanced geothermal systems come in. These solutions can provide round-the-clock electricity. And crucially, they have gained champions on both sides of the aisle. Recent federal policies prove the point. The Energy Act of 2020, which had strong bipartisan support in Congress and was signed into law by President Trump, authorized research, development and deployment policies for clean, firm power. 

The Infrastructure Investment and Jobs Act of 2021, passed with bipartisan support and signed by President Biden, dedicated billions to fund demonstrations of those technologies authorized in the Energy Act of 2020. 

The Inflation Reduction Act, driven by Democrats in 2022, and One Big Beautiful Bill, by Republicans this year, both have one thing in common — support for new nuclear, long-duration energy storage, carbon capture, geothermal and hydropower, or, as we’ve already said…clean, 24/7 reliable energy. 

At the same time, Republican-led states like Wyoming, Utah, Louisiana and West Virginia are actively partnering with private developers to host small modular nuclear reactors and carbon capture projects, while Democratic strongholds like California, New York and Michigan are extending the life of their nuclear plants to keep clean, reliable power on the grid.

The motivation is not ideological; it’s practical. A manufacturing renaissance, more electrification of buildings and industry, and a data-driven economy all require massive amounts of reliable electricity. Without 24/7 power, renewables alone cannot meet that demand without risking blackouts or skyrocketing costs. And while we want to see more fossil fuel power plants with carbon capture get built, supply chains and infrastructure challenges make meeting the entire demand challenging. 

Policymakers in both parties are seeing the same reality: the U.S. must invest in American-made technologies that can run all day, all year.

The alignment is not just good for political discourse; it’s good for American energy dominance. China and Russia are aggressively deploying advanced nuclear and other clean energy infrastructure around the world. To beat them, we must diversify our innovations and accelerate the deployment of technologies at home while opening up new global buyers of American-made energy. 

At the same time, the drumbeat for modernizing energy permitting is getting louder and for good reason. If we want America to lead the world and develop more of the clean, baseload power that has bipartisan support, developers must have a better path to obtaining permits. 

Energy policy may never be completely free from partisanship, but we should not lose sight of the common ground that now clearly exists. When it comes to keeping the lights on, powering the economy and new AI, and lowering global emissions, clean 24/7 energy is one issue where America can still move forward together.

 

20 Years Since the Energy Policy Act of 2005

It is hard to believe that this month marks 20 years since Congress passed the Energy Policy Act (EPAct) of 2005. EPAct 2005 focused on increasing energy supplies, building energy infrastructure and driving investment in American innovation. While it was far from perfect, EPAct was bold and set the stage for U.S. energy dominance. Congress can build on the lessons from EPAct 2005 and continue to deliver energy policy that moves our nation forward.

When EPAct 2005 was crafted, the country was facing complex energy issues. We were grappling with the impacts of the 2003 Northeast Blackout, which affected more than 50 million people and caused an estimated $10 billion in economic losses. There were growing concerns about too much dependence on foreign oil and gas. The nuclear industry was in need of a serious revival to meet its potential. Innovative technologies were struggling to get the financing needed to achieve speed and scale. Congress took these challenges and turned them into opportunities.

Some key provisions of EPAct 2005 included:

Today, the saga of challenging energy issues continues. Our grid must be ready to meet increased demand driven from data center growth, industrial reshoring and widespread electrification while also dealing with aging infrastructure, the complexity of integrating variable resources and an evolving regulatory landscape. Permitting hurdles remain a major barrier to building critical energy infrastructure. Innovative technologies still need strong public-private partnerships to bridge the commercialization gap and scale to competitive solutions. These challenges set the stage for the next opportunity for energy leadership.

Forecast of Data Center Demand Growth by 2030

Adapted from DOE’s Resource Adequacy Report (2025), underlying data from EPRI, McKinsey & Company, LBNL, S&P

Congress has shown in EPAct 2005 as well as the Energy Act of 2020 that it can deliver broad, bipartisan energy policy. It is time for an updated big, bold, bipartisan energy bill.  

The following are examples of policies that can address today’s energy challenges:

Streamline Permitting: Outdated permitting processes are jeopardizing critical infrastructure development. Bills like the SPEED Act, introduced by House Natural Resources Chairman Bruce Westerman (R-AR) and Rep. Jared Golden (D-ME), can help modernize NEPA to reduce duplication, increase transparency and reform judicial and litigation practices. The administration and legislation proposals like the FREE Act introduced by Sen. Lummis (R-WY) and Rep. Maloy (R-UT) have also highlighted the potential for using a regulatory tool called permit-by-rule to expedite permitting, which is a process that allows certain activities to proceed without undergoing a full individualized permit review, as long as they meet predefined criteria.

Improve the Grid:  American energy security, AI leadership and manufacturing competitiveness require a robust transmission system. Transmission siting and permitting improvements could streamline grid expansion while balancing and fully respecting states’ roles in the process. Innovative grid technologies and transformer manufacturing deployed at scale would also help optimize the grid. Safeguarding the grid, such as through the work of DOE’s Office of Cybersecurity, Energy Security and Emergency Response (CESER), is also critical.

Strengthen Pipelines: A modern pipeline system is essential to deliver reliable, affordable energy to homes and industry, including AI data centers. Policy ideas like the Next Generation Pipelines Research and Development Act, which passed the House on a bipartisan basis in the 118th Congress and was reintroduced in April 2025 by Reps. Randy Weber (R-TX) and Deborah Ross (D-NC) would support the build-out of all types of pipelines, such as natural gas, LNG, petroleum, carbon dioxide, hydrogen and more. There are also opportunities to update some safety regulations for pipeline infrastructure.

Expand Critical Minerals: Critical minerals are essential to America’s energy security, industrial base and national defense. President Trump’s March 2025 Executive Order prioritized U.S. mineral production and directed DOD and DOI to accelerate support for mining and processing. There have also been several legislative efforts in the 118th and 119th Congress that seek to accelerate permitting for mining projects, boost R&D and strengthen strategic mineral partnerships and finance domestic mineral supply chains. Some examples include: the Critical Mineral Consistency Act, the Mining Regulatory Clarity Act, the Unearth Innovation Act and the STRATEGIC Minerals Act.

Expand Nuclear: Building more clean, firm nuclear power is essential for national and economic security. Bills like the Accelerating Reliable Capacity (ARC) Act introduced in the 118th Congress by Senator Risch (R-ID), or a similar policy, can spur nuclear deployment by addressing cost uncertainty and reducing investment risk. Also, continued funding for the DOE’s Advanced Reactor Demonstration Program (ARDP), first authorized in the Energy Act of 2020, has supported ongoing nuclear energy projects and their fuel supply chain.

Promote Geothermal: Next-generation geothermal technologies have the potential to expand beyond the Western U.S. to provide emissions-free, reliable baseload power all across the country and leverage up to 200,000 existing American jobs in the oil & gas sector. The Trump DOE has prioritized funding for project demonstrations. Innovators have already shown great success, like reducing drilling times by more than 70 percent. Bills like the GEO Act, introduced in the 118th Congress by Sens. Lee (R-UT) and Heinrich (D-NM), can streamline federal permitting requirements and apply best practices to unlock additional deployments of these next-generation projects. The energy unlock that EPAct 2005’s categorical exclusion provided for certain oil and gas activities on federal lands could be replicated for geothermal.

Reshore Manufacturing: Meeting infrastructure needs requires producing and deploying core building materials at scale and speed. Bills like the Concrete and Asphalt Innovation Act (CAIA), introduced in March 2025 on a bipartisan basis by Sens. Coons (D-DE) and Tillis (R-NC), are designed to bring innovative cement and asphalt technologies to market faster, increase domestic production and meet the demand for 1 million tons of cement by 2028, triggered by AI data center development.

Accelerate Carbon Technologies: Industrial innovation includes carbon management innovation. Bipartisan bills like the Carbon Removal and Emissions Storage Technologies Act (CREST), introduced in the 117th and 118th Congresses, would authorize DOE’s carbon removal innovation efforts and help keep American companies ahead of global competitors. By driving private investment and reducing costs to meet growing demand, CREST can help build a trillion-dollar American industry capable of delivering gigaton-scale removals by 2050.

Strengthen Global Leadership: In order to advance U.S. national interests, level the playing field for American businesses and solidify global leadership in key energy sectors, strategic enhancements are needed at the U.S. International Development Finance Corporation (DFC) and the Export-Import Bank of the U.S. (EXIM). The DFC authorization expires in October 2025 and the EXIM authorization expires in December 2026. These are financing tools designed to secure U.S. energy leadership and push back against China’s aggressive, state-funded energy expansion.

 

The Future of Industry: Made in America

America’s success is historically rooted in its ability to innovate. American innovation doesn’t just change our country — it reshapes the world. From the steam engine to the internet, inventions from the United States have shaped modern civilization. This is no different in the energy sector, where the shale revolution supercharged economic growth, transforming America from an energy-dependent nation to the world’s leading producer of oil and natural gas. This shift drove down consumer costs, strengthened national security and positioned the U.S. as a global energy powerhouse.

Today, that same spirit of innovation is shaping the next era of energy leadership. American entrepreneurs and engineers are developing breakthroughs in advanced manufacturing and carbon innovation that will define the future of affordable, reliable and clean energy and products.

To lead the global market in clean materials, like steel and concrete, and carbon management technologies, America needs a strategy that builds industries here and sell abroad. That means leveraging our research and development (R&D) investments with smart, strategic bets in demonstration and commercialization work that is key to ensuring the future of industry is made in America.


History Offers a Roadmap — and a Warning

We’ve seen before what happens when America gets innovation right. In the 1960s, the U.S. government set an ambitious goal through NASA’s Project Apollo: to land Americans on the moon and return them safely to Earth. To accomplish this, the government partnered with MIT to develop the Apollo Guidance Computer, a feat requiring then-untested integrated circuits, also known as microchips.

Through smart public-private collaboration, federal procurement of these chips scaled production, improved quality, and rapidly drove down costs. NASA was the primary buyer, initially paying $1,000 per chip in 1962. Just a year later, costs fell to $15, and by 1969, a vastly superior chip cost just $1.58. This deliberate, early support catalyzed a semiconductor industry that today is valued at $627 billion and underpins everything from smartphones to national defense systems.

But there’s also a cautionary tale: the solar industry. Solar photovoltaic technology was invented in the U.S. to support the space race and diversify energy sources, but was not supported by public-private collaboration, such as manufacturing incentives or early market creation. America led on solar R&D but missed its chance to capture returns by failing to pair innovation with long-term incentives and market demand. As a result, over the past two decades, China aggressively captured the solar manufacturing base and supply chain, investing heavily in raw materials processing and production. Today, China controls over 80% of the global solar panel and battery storage manufacturing and supply chain.


What it Takes: Innovation at Home, Not Abroad

Today, America has the opportunity to lead globally in carbon management and industrial manufacturing, technologies key to the production of steel, concrete and clean energy. Breakthroughs in carbon management and industrial manufacturing technologies require smart public-private partnerships, and with clear, stable policy signals to get off the ground. For example, the recent passage of the One Big Beautiful Bill Act reaffirmed support for carbon capture by preserving, and in some cases strengthening, the federal 45Q tax credit. This cornerstone policy provides certainty and incentives for American companies to invest, build and lead in next-generation carbon management solutions.

The new law maintains the 45Q credit for point-source capture at $85 per ton and direct air capture (DAC) at $180 per ton for dedicated geologic storage. Critically, it also provides parity for CO₂ sequestered through enhanced oil recovery or utilization with the credit value for dedicated geologic storage, raising the rate from $60 to $85 per ton for point sources and from $130 to $180 per ton for DAC. This change unlocks new market pathways for carbon-to-value technologies that are being explored by sectors such as oil and gas, aviation and agriculture. It preserves transferability, updated inflation adjustments and introduces new restrictions on foreign entities of concern, ensuring American tax incentives serve American strategic interests.

In addition to market incentives like 45Q, continued support for demonstration-scale projects at the Department of Energy (DOE) is essential to advance American-made technologies, bridge the commercialization gap and ensure our investments deliver real returns through competitive, market-ready solutions. Programs such as the carbon capture demonstration program, the direct air capture hubs and the industrial demonstrations program have been vital to advancing cutting-edge technologies that will shore up more clean energy and unleash American energy dominance.

These programs help de-risk early-stage projects, attract private capital and ensure American companies, not strategic competitors like China, lead in next-generation energy solutions. The demand is there. In a powerful display of market enthusiasm for the DOE industrial demonstrations program in 2024, $6 billion in federal industrial demonstration funding attracted $60 billion in industry applications and helped mobilize $14 billion in private investment, accelerating the scale-up of next-generation clean manufacturing technologies.


The Stakes for American Energy and Industry

Carbon management technologies don’t just reduce emissions, they’re powerful economic drivers. These innovations create new markets for American energy, fuels and industrial products, while supporting thousands of high-paying, durable jobs in engineering, manufacturing and construction. 

In the Mid-Continent and Mid-Atlantic regions alone, the deployment of carbon capture technology across industrial and electric power generation facilities has the potential to create an annual average of nearly 86,000 investment jobs and close to 57,000 operation jobs over the next 15 years. Additionally, scaling CDR technologies in the United States is estimated to create between 95,000 and 130,000 jobs per year. By converting captured CO₂ into valuable fuels, building materials and industrial products, we can expand U.S. market access, boost manufacturing competitiveness and secure American leadership in industries poised to generate over $1 trillion in carbon utilization revenues by 2040.

Beyond CCUS and CDR, global demand for clean industrial products is expected to grow 4.5 times by 2030. American manufacturers produce goods twice as clean as the global average and four times cleaner than China, and new industrial innovations will keep the U.S. ahead.

Sector-specific manufacturing output and emissions shares for energy-intensive manufacturing in the U.S., China and Rest of World

Source: Carbon Leadership Council, America’s Carbon Advantage 2025


Build Here, Win Everywhere

Supporting innovation empowers the private sector, reduces long-term taxpayer risk and ensures America’s energy system remains the most reliable and competitive in the world. But to win, we need to set the rules of the road, as competitors like China shape policies to benefit their industries. America has the advantage, and we should use it. By backing smart, targeted demonstration-scale federal programs at the DOE and incentives like 45Q, Congress can keep energy costs affordable, grow domestic industries and ensure the U.S. remains the undisputed leader in both traditional and next-generation energy resources.

 

Energy Incentives Will Unlock Energy Dominance (The Washington Times)

This op-ed was originally published by The Washington Times on April 28, 2025. Click here to read the entire piece.

The first 100 days of the new Trump administration have reshaped the energy landscape. Reliable, affordable energy is a top priority as the president seeks to unleash a new era of American energy dominance. Lower energy prices can usher in a true golden age for U.S. consumers. Done well, this agenda can also reduce global carbon dioxide emissions.

This dynamic is underscored by the president’s work to recruit new artificial intelligence and data center investments to the U.S. These investments can lead to economic development and will require rapid energy demand growth when paired with an American manufacturing resurgence, increasing U.S. energy demand by as much as 18% over the next decade, according to data from the North American Electric Reliability Council. Energy prices are one of the most important cost drivers in these energy-intensive industries.

A rapid increase in supply is required to maintain affordable costs for all American consumers. The U.S. must rapidly deploy all types of new American power. To effectively deploy these new technologies at speed, the administration will need to break down permitting barriers to accelerate the buildout of new energy infrastructure like pipelines, transmission, and other grid-enhancing technologies.

In addition to streamlining the permitting process to increase and maximize new investments, minimizing the tax burden on developers is another essential part of this equation. Maintaining low corporate rates is certainly going to help, but tax incentives also play an enormous role in minimizing investment risk and keeping prices low. Fortunately, some key incentives will not require drastic policy changes like the green new deal or a heavy-handed government regulation.

Existing incentives authored or supported by Republicans in Congress under current law are critical for American leadership in new, affordable, 24/7 American power. These forms of power include advanced nuclear, geothermal, hydropower, natural gas with carbon capture, and even new breakthroughs in fusion technology. Key incentives, like 48E/45Y technology-neutral electricity credit; the 45X advanced manufacturing credit; the 45Q carbon capture, utilization, and storage credit; and the 45V hydrogen credit, can reduce the costs for American producers and support the manufacturers and the mineral supply chain across the economy. Simply put, consumer prices go up if the U.S. doesn’t lower the tax and energy cost burden for American producers and manufacturers.

Click here to read the full article

State of Play: The Chemical and Refining Sectors

Modernize, Compete, Win: Upgrading America’s Energy Finance Strategy (The National Interest)

This op-ed was originally published by The National Interest on April 5, 2025. Click here to read the entire piece.

By upgrading its energy finance strategy through smart reforms and strategic investment, the United States can cement its role as the go-to energy partner for the future.

The global energy landscape is changing fast. Countries are scrambling to secure resources, invest in new technologies, and stay ahead in an increasingly competitive market. At the same time, U.S. oil and gas production is booming, artificial intelligence (AI) -driven electricity demand is surging and America remains heavily reliant on foreign critical minerals. Growing instability in key strategic regions and rising competition with China  has increased the stakes for U.S. national security, economic strength and global partnerships.

America needs smart export and development financing policies to maintain global leadership. Agencies like the U.S. International Development Finance Corporation (DFC) and the Export-Import Bank of the U.S. (EXIM) are key tools for projecting American energy dominance and pushing back against China’s aggressive, state-funded energy expansion. With both agencies up for reauthorization this Congress, now is the time to modernize their mandates, cut red tape, and give them the support they need to secure U.S. energy leadership on the global stage.


Geopolitical Competition and Energy Security

Although the U.S. leads in key areas, competitors like China and Russia aren’t sitting still. China  has invested nearly $1 trillion into clean energy projects annually while building ninety-four gigawatts of new coal capacity. Meanwhile, China and Russia dominate nuclear fuel and critical mineral supply chains, using predatory financing to lock in energy deals across emerging markets.

The U.S. can’t afford to let its competitors outmaneuver it. By modernizing key federal agencies, Washington can provide nations with competitive alternatives, securing America’s leadership in global energy for decades.


Strengthening U.S. Energy Leadership Through Strategic Financing

If the United States wants to stay ahead in global energy markets and compete with China’s massive state-backed investments, the administration needs to double down on promoting American commercial energy projects abroad. The DFC and EXIM are critical tools for backing American energy innovation and infrastructure, but bureaucracy and outdated policies make them less effective. Their upcoming reauthorizations offer prime opportunities to fix that.

Right now, the DFC makes money for the U.S. taxpayer but can only provide up to $1 billion in loans and only $60 billion in total, compared to China’s nearly unlimited state financing. Raising these caps would allow the United States to fund bigger projects, like nuclear plants and critical minerals infrastructure, that shape the future of energy. In addition, fixing how the federal government’s archaic budget rules affect the DFC is also necessary so it can fully use its resources to help American companies compete globally.bate sectors.

Click here to read the full article

Power Demand Explained: Watts, Gigawatts and the Future of Energy

These days, we hear a lot about the rapid increase in global energy demand due to various factors like growing economies, widespread electrification, and the rise of data centers as AI expands. And it’s true. Here in the United States, after 15 years of static growth, our electricity demand is rising at an accelerated rate. Researchers estimate that by 2030, we will need 20% more energy – a total of 5 million gigawatt-hours of electricity each year.

“5 million gigawatt-hours.” That sounds like a lot. But what does that really mean?

Let’s start with the basics. A watt is a measure of power in an instant. For example, the 60-watt light bulb in your lamp at home requires 60 watts of power to turn on. A Watt-hour is a measurement of that power usage over time.

So, let’s say you turn on your lamp to read a book for two hours, you use 120 watt-hours of electricity. Easy enough.

Now, let’s take a look at a few other examples, going in order from smallest to largest. But first a reminder about unit prefixes: there are one thousand watts in a kilowatt, one million in a megawatt, and one billion in a gigawatt. 

While you’re reading your book, your lamp might only use 120-watt hours of electricity, but the average American household will use 2.4 kilowatt-hours during that time. That’s your lamp, the AC, the TV playing, and so on. Scaling up – with 150 megawatt-hours – you could power 42,000 American households for three hours while they watch a Sunday afternoon football game… or you could use your 150 megawatt-hours to power the NFL stadium itself. In the same amount of time, a large city like Washington D.C. would consume 25 times that much electricity, almost 4 gigawatt hours.

Currently, the U.S. needs around 4 million of these gigawatt-hours a year – again that’s 4 million billion watt-hours – or 4 with 15 zeros after it – and those needs are met with a mixture of 60% fossil fuels, 30% renewables, and 10% nuclear energy. And to get us 20 percent more energy – up to 5 million gigawatt hours a year  – we would need the equivalent of 1,500 Hoover dams in additional generation. That means we are going to need a lot more of ALL of these energy sources to keep up with expected demand.

And, we don’t just need more energy, we need energy that is affordable, reliable and clean. In other words, we need to take a pragmatic, all of the above approach to U.S. energy development. To keep the lights on – at a price that consumers can afford, we need more baseload energy –  the 24/7/ 300 and 65 days a year electricity sources that provide clean power. That means things like advanced nuclear, geothermal, and natural gas with carbon capture.

Ultimately, in order to generate and move all this energy around, we are going to need more than 15,000 new energy projects in this decade alone, and every single one of those projects starts with a permit. Unfortunately today in the United States, you can get a college degree faster than you can get a permit to build a clean energy project. That is why we all must work together to streamline federal permitting processes and unleash American energy. 

ClearPath’s answer to the power demand challenge? It’s time to Let America Build.

Carbon Dioxide Pipelines 101

Pipelines are critical infrastructures that move essential resources, such as water, oil, natural gas and other materials, from where they are produced or gathered to locations where they can be used or stored. Pipelines are everywhere. They are found beneath our highways, through our cities and communities. If you have a gas stove or plumbing, you have a pipeline in use at home. Today, there are over 5,300 miles of carbon dioxide (CO2) pipelines in the United States.

For over 50 years, pipelines have transported CO2 safely, quickly, efficiently and in large volumes. This experience makes pipelines uniquely equipped to facilitate the deployment of carbon management technologies such as carbon capture, utilization and storage (CCUS) and direct air capture (DAC). 

Carbon management technologies drive clean energy innovation and job creation at home, while strengthening U.S. global competitiveness and energy leadership abroad. The U.S. government has already invested billions in carbon management technologies, and from 2022 through mid-2024, the private sector announced over $26 billion in investments in these technologies. 

Today, more than 270 carbon management projects have been announced that are at various stages of development or are operational in the U.S. These projects make pipeline infrastructure essential. When CO2 is captured, it’s often not located near an available storage or use site and has to be transported to another location. Over half of cement plants in the U.S. are located outside a 100-mile radius of the nearest CO2 storage site. Pipelines are the best and safest way to move CO2 to these storage sites and other locations.

In this 101, you will learn about CO2 pipelines, including the importance of pipelines for U.S. energy security, how CO2 pipelines are regulated, why they are safe, and most importantly, policies that can enable the build-out of this infrastructure.  

Recommendations include:


What are Carbon Dioxide Pipelines?

CO2 pipelines move carbon dioxide – a non-flammable, odorless and stable gas – to locations where it can enhance energy production, make valuable products or be safely stored. CO2 is usually transported in a liquid or “supercritical” state, which is the easiest, most efficient way to transport CO2. A supercritical state means the CO2 is pressurized to the point it exhibits properties of both a liquid and gas.

Like most pipelines, CO2 pipelines are primarily located underground and out of sight. They are made with high-grade steel paired with anti-corrosive coatings and typically have a diameter of 4 to 24 inches – which is roughly between the length of a cell phone and a carry-on suitcase.


Where are Carbon Dioxide Pipelines in the U.S.?

CO2 pipelines have been safely operating in the U.S. for the last half-century. Historically, most CO2 pipelines in the U.S. have transported CO2 for enhanced oil recovery (EOR) operations. EOR is a highly engineered, well-understood process where CO2 is injected into the reservoirs of an existing oil field to increase oil recovery from depleting wells. During these operations, CO2 can remain underground, keeping it out of the atmosphere.

Of the 5,300 miles of CO2 pipelines across the U.S., most are in Texas, New Mexico, Wyoming, Oklahoma, Louisiana, North Dakota, Mississippi and Colorado. According to the U.S. Department of Energy, an estimated 30,000 – 96,000 miles of CO2 pipelines will be needed by 2050 to reach our emissions reduction goals. To put these numbers in perspective, this is only 1-3% the length of our existing 3,000,000 miles of oil and gas pipelines in the U.S. today.

Illustrative 2050 CO2 Pipeline Network

Sources include ClearPath analysis, National Carbon Sequestration Database Saline basins, and Princeton’s Net-Zero America spur and trunk line transmission expansions for the high-electrification scenario.


How are Carbon Pipelines Regulated?

Similar to other pipelines and linear infrastructure projects, CO2 pipelines are subject to several layers of regulations at the local, state and federal levels:  

Safety 

The Pipelines and Hazardous Materials Safety Administration (PHMSA), a federal agency within the U.S. Department of Transportation, regulates the safety of U.S. pipeline infrastructure and provides national standards for the safe and responsible design, construction, maintenance and operation of pipelines. In some cases, a state may assume regulatory authority over the safety of intrastate CO2 pipelines if it adopts rules that are as stringent as, or more stringent than, PHMSA’s minimum standards.

Environment, Water and Land

CO2 pipelines are subject to strict state and federal regulations that seek to protect water sources, agricultural land, the local environment and wildlife. These include the Clean Water Act, National Environmental Protection Act (NEPA), Endangered Species Act and more. Local and tribal communities are also engaged throughout these permitting processes. 

Siting and Construction 

Before building a CO2 pipeline, an operator must receive regulatory approval for the location and construction of the project. Unlike interstate natural gas pipelines, which are regulated by the Federal Energy Regulatory Commission (FERC), there is currently no option to site an interstate CO2 pipeline solely using a federal process. The siting and construction of both interstate and intrastate CO2 pipelines are largely regulated at the local and state levels, creating a patchwork of regulatory approaches and standards across the country. 

When siting and constructing a CO2 pipeline, each developer is subject to the unique eminent domain laws of each state, and many states lack clear eminent domain policies for these pipelines. Eminent domain, a last resort option for building major infrastructure projects, is a process by which the government can permit a company to use private property without the express permission of the landowner. This can only occur if the government determines that a property owner is fairly compensated and the project benefits the public. Eminent domain has been used to build roads, develop water supplies, construct pipelines and more. This process isn’t new, but it is rare. In fact, between 2008 and 2018, less than 2 percent of easements for interstate natural gas pipelines involved eminent domain. 

Rate Regulation

Rate regulation refers to a process by which an authority can regulate the price pipeline operators can charge for transporting a material (e.g., natural gas, oil). Unlike interstate natural gas and oil pipelines, there is no federal ratemaking authority for carbon pipelines. Today, the majority of carbon pipelines are private access and do not require rate regulation. However, this is poised to change as the carbon pipeline network grows and more entities require access to carbon transportation via common carrier or open-access pipelines.

Regulatory Landscape for Carbon Dioxide Pipelines

*PHMSA regulates interstate CO2 pipelines. PHMSA also regulates intrastate CO2 pipelines if a state does not have a certified safety program. If a state has a certified safety program, the state can only regulate intrastate pipelines, not interstate.

**CO2 pipelines are subject to various regulatory requirements pertaining to the environment, water, and wildlife under federal legislation such as the National Environmental Protection Act, Clean Water Act, Endangered Species Act, and more. Different federal agencies may have jurisdiction over permits and assessments required under these laws, such as the Army Corps of Engineers, the Fish and Wildlife Service, the Department of Energy and more.


Safety and Health

CO2 pipelines have a strong safety record. Over the last 20 years, zero fatalities have resulted from the few pipeline incidents that have occurred. CO2 is stable, non-flammable, and non-combustible. In fact, CO2 is used in fire extinguishers to put out flames. We also breathe CO2 in and out every day.

On the ground, pipeline operators take measures to ensure the safety and integrity of pipeline infrastructure. In addition to monitoring the integrity of the pipelines and conducting regular maintenance, operators mitigate corrosion by limiting the amount of water and other contaminants that enter a CO2 pipeline. For example, before CO2 enters a carbon capture system, contaminants must be removed, and before being placed into a pipeline, the CO2 is dehydrated to reduce the presence of water. 

A leak is the unintentional release of a substance or material from a pipeline. The overall CO2 leaked from pipelines is limited – approximately 0.001 – 0.005% of the total volume of CO2 that is transported through pipelines annually. To mitigate leaks, PHMSA requires new and refurbished CO2 pipelines to utilize remotely controlled or automatic shut-off valves, thus reducing safety risks and allowing first responders to act swiftly.

Operators regularly implement procedures to prevent and mitigate the impact of incidents, and PHMSA requires operators to communicate safety-related information with the public. CO2 pipelines are a vital part of American infrastructure, and operators are committed to working with PHMSA and other regulatory authorities to ensure robust safety standards for all pipelines.


What are the Benefits of CO₂ Pipelines?

CO2 pipelines benefit the public by boosting local economies, providing direct financial benefits for landowners, strengthening energy and national security and helping to lower carbon emissions:


Policy Recommendations

Establish Efficient Permitting Processes — A decentralized regulatory structure for siting interstate carbon pipelines has led to significant uncertainty for project developers who require access to pipeline infrastructure. An unpredictable regulatory environment can result in delays, increased project costs, and, in some cases, the cancellation of projects altogether. These challenges underscore the need for a more predictable, transparent and cohesive regulatory framework to support the safe and efficient deployment of interstate carbon pipeline infrastructure. The federal government – with agencies such as FERC – can play a critical role in supporting the coordinated and effective siting and permitting of carbon pipelines. Congress could consider establishing an optional federal siting pathway for interstate CO2 pipelines, allowing project developers the flexibility to choose a federal permitting process. 

Expand Research, Development and Deployment (RD&D) – Dedicated RD&D is critical to building out CO2 pipelines at the scale that is needed and enabling the commercialization of advanced materials and technologies for this infrastructure. Pipeline RD&D should focus on, among other areas, enhanced geohazard monitoring, advanced leak detection and monitoring, advanced pipeline materials and integrity, retrofitting natural gas pipelines for CO2 transport and more. Increased coordination between the Department of Energy (DOE) and other federal agencies, such as PHMSA, the National Institute for Standards and Technology (NIST) and FERC will also be key to expanding critical RD&D efforts for CO2 pipeline infrastructure. 

A key opportunity for Congress is to reintroduce and advance the bipartisan Next Generation Pipelines Research and Development Act, which passed the House of Representatives during the 118th Congress. This legislation would modernize our pipeline system by authorizing the U.S. Department of Energy’s research and development programs focused on various pipeline technologies and uses, including the transportation of carbon dioxide. 

Reauthorize PHMSA – PHMSA’s three-year authorization in the bipartisan PIPES Act of 2020 expired in September 2023. Reauthorizing and providing updated funding profiles for PHMSA’s activities and programs are critical for ensuring a safe and reliable pipeline network across the United States. During the 118th Congress, PHMSA reauthorization legislation, the PIPES Act of 2023, led by Chairman Sam Graves (R-MO), passed the House Committee on Transportation and Infrastructure with strong bipartisan support. This Congress, policymakers could reintroduce this legislation, which would mandate that the agency finalize updated CO2 pipeline safety rules.

By building CO2 pipeline infrastructure, we are not only building our capacity to reduce emissions and protect our environment, we’re also creating jobs, bolstering local economies and continuing to use the energy sources that make our country strong. In America, we’re not afraid to build — it’s what we do.

Delivering America First Energy Policy — 5 Priorities for the 119th Congress

The 119th Congress and incoming Administration have a major opportunity: Make America the world innovation leader in clean energy and clean manufacturing. This opportunity builds on the foundation established under the first Trump Administration to unleash American energy projects and build a stronger America.

The incoming Trump administration has nominated leaders to key agencies who have the experience to deliver on these results – Lee Zeldin for the Environmental Protection Agency (EPA), Chris Wright for the Department of Energy (DOE), and former Governor of North Dakota Doug Burgum for the Department of the Interior (DOI).

And Congress is poised to deliver on this too by focusing on innovation over regulation and markets over mandates to advance clean, reliable, and affordable American-made energy.

ClearPath has outlined five policy areas for the 119th Congress to unleash the power of American innovation:

ClearPath’s mission is to accelerate American innovation to reduce global energy emissions. ClearPath therefore supports all-of-the above energy and innovation policies that make America stronger and more secure. 

We look forward to advancing policies that will further strengthen America’s leadership role in clean energy and innovation.

Let’s get to work.

Carbon Capture Regulations Must Match Pace of Innovation (RealClear Energy)

This op-ed was originally published by RealClear Energy on December 9, 2024. Click here to read the entire piece.

Carbon capture, utilization and storage (CCUS) technologies are often described – on both sides of the aisle – as a central pillar of America’s clean energy future. They can help solve for global energy emissions and decarbonize hard-to-abate industries, all while reinforcing U.S. energy independence and growing our economy. And yet, despite decades of investment in American CCUS innovation, an out of date regulatory bottleneck at the U.S. Environmental Protection Agency (EPA) continues to hold back the full deployment of these critical technologies.

The broad appeal of CCUS stems from its ability to address environmental concerns while working within our existing power system, particularly in regions where heavy industry dominates. For example, the production of cement, steel, and chemicals account for almost 70% of direct CO2 emissions from industry worldwide, and these industries require access to abundant baseload power to get the job done – they cannot rely on renewable energy alone. According to the Global CCS Institute, over 40% of projects in the global CCS pipeline are in these hard-to-abate sectors.

It’s no wonder that CCUS is bipartisan: the George W. Bush administration laid the groundwork for advancing carbon capture technology through initiatives like the Global Climate Change Initiative (GCCI), the Obama administration built upon these investments with the American Recovery and Reinvestment Act, the Trump administration provided updated direction for CCUS R&D in the Energy Act of 2020 and enhanced and extended the 45Q tax credit to make CCUS projects more economically viable – not once but twice. Most recently, the Biden Administration invested billions in American CCUS through the Infrastructure Investment and Jobs Act and the Inflation Reduction Act.

In addition to these decades of federal investments, the U.S. also possesses world-class geological resources and technical expertise to store CO2 permanently underground at the scale developers need. While we currently lead the world in this technology, and major U.S. energy companies are looking to invest billions of dollars to maintain this leadership role, other countries are ramping up too – and closing the gap.

Click here to read the full article