Earth Track Document

Protecting Nature by Reforming Environmentally Harmful Subsidies: An Update

This report updates our 2022 analysis on environmentally harmful subsidies (EHS). The Kunming-Montreal Global Biodiversity Framework (GBF) was adopted in December 2022 to protect and restore nature. The GBF included Target 18, the first quantitative EHS reduction goal, which commits parties to reduce EHS by $500 billion annually by 2030.  The Biodiversity Beyond National Jurisdiction (BBNJ) Agreement, or the “High Seas Treaty”, was passed in 2023 and now has 92 signatories (though far fewer ratifications).

Updated subsidy estimates for 45Q, Master Limited Partnerships and the Strategic Petroleum Reserve

This memo provides updated subsidy estimates and background information on three subsidies benefiting the oil and gas industry. These include 45Q tax credits for carbon capture, utilization and storage (CCUS); tax exemptions for Master Limited Partnerships (MLPs), used heavily by the oil and gas sector; and the federal Strategic Petroleum Reserve. The memo also highlights an emerging risk area: the use of tax-exempt corporate structures for carbon sequestration activities.

Guardrails on 45Q Reduce Costs and Improve Targeting

Chapter 45Q provides large tax credits for carbon capture, utilization and storage (CCUS). Unlike budgetary spending, these credits are uncapped and the costs to taxpayers in terms of lost federal tax revenues appears to have been greatly underestimated. Not only is the government’s financial exposure uncapped, but compliance with statutory rules is self-reported, and because tax returns are confidential under federal law (26 USC §6103), only the IRS is legally entitled to know the identities of claimants and the amounts of their claims.

Fossilized Finances: State and Federal Oil and Gas Subsidies in the Permian Basin

The Permian is by far the largest oil producing basin in the United States and the second largest for natural gas. Firms in the region have been highly profitable, yet have continued to benefit from a wide array of government subsidies. Some of the subsidies have been in place for decades, though new ones continue to be introduced as well. All of the subsidies work against the need to decarbonize our economy and erode the competitive positioning of lower-carbon substitutes.