How an Environmental Liability Tax Could Solve the Orphan Well Crisis

An Environmental Liability Tax (ELT) on oil extraction would fund orphaned well cleanup, shift financial responsibility to oil companies, and address the environmental and public health risks posed by abandoned wells.

2 minute read

January 13, 2025, 8:00 AM PST

By Clement Lau


Black oil well pumpjack in brown field surrounded by metal fence.

Susan Vineyard / Adobe Stock

The United States faces a significant crisis with orphaned and uncapped oil wells, which number between 310,000 and 800,000 according to the Interstate Oil and Gas Compact Commission. These wells, often abandoned without an owner to take responsibility, pose severe environmental and public health risks, including methane leaks and groundwater contamination. Despite efforts like the Department of the Interior’s plugging of 9,000 wells in 2024, the scope of the problem far exceeds current funding and mitigation measures. The Bipartisan Infrastructure Law allocated $4.7 billion to address the issue, but cleanup costs, which range from tens of thousands to millions per well, demand a more sustainable and systemic solution.

As reported by Andrew Leahey, at the heart of the crisis is a combination of regulatory loopholes and cost-shifting practices in the oil and gas industry. Aging wells are frequently sold to smaller, precarious operators who lack the financial capacity to cap or remediate them, often leaving taxpayers to shoulder the burden when these companies declare bankruptcy. Current bonding requirements intended to ensure cleanup funds are insufficient, typically covering less than 2 percent of actual costs. This financial shortfall exacerbates the problem as the nation’s oil reserves dwindle and the industry faces reduced resources to address these liabilities.

An Environmental Liability Tax (ELT) offers a feasible and enforceable solution by requiring oil and gas companies to pay a per-barrel fee at the point of extraction. These funds would be placed in a managed trust exclusively for well capping, site remediation, and land restoration. The ELT would shift financial responsibility back to the entities profiting from resource extraction, eliminate the need to track down bankrupt operators, and reward companies maintaining high environmental standards through tax credits. By creating a predictable funding stream, an ELT could address the orphan well crisis more effectively while promoting accountability and environmental stewardship in the oil and gas sector.

Tuesday, January 7, 2025 in Forbes

"Planetizen federal action tracker" logo superimposed over black and white image of US Capitol dome.

Planetizen Federal Action Tracker

A weekly monitor of how Trump’s orders and actions are impacting planners and planning in America.

October 28, 2026 - Zachary Whalen

A car drives through a puddle, making a large splash. Rain pours down.

California plans to bury El Niño’s downpour

If the state plays its cards right, it may be able to store a billion acre-feet of El Niño’s water in aquifers.

October 28, 2026 - Grist

Lake Powell with much of the water evaporated.

Desperate measures: Advocates weigh draining Lake Powell to fill Colorado River

Draining the reservoir could reduce evaporation losses by a couple hundred thousand acre-feet.

October 30, 2026 - Yale Environment 360

A Firefighter sprays water from a hose at a tall blaze.

US buildings threatened, destroyed by fires set to triple by 2060

Researchers found a high fire risk for socioeconomically vulnerable neighborhoods in the American West.

5 hours ago - Inside Climate News

People cross a crosswalk in Los Angeles.

LA residents may be allowed to paint their own crosswalks

Councilwoman Katy Yaroslavsky put out a motion instructing the Los Angeles Department of Public Transportation to study the feasibility of allowing volunteers to paint crosswalks.

6 hours ago - ABC7

Two women walking on the sidewalk in Dallas.

Dallas moves to overhaul its zoning code

The city's zoning reform will allow more multi-family and mixed-use developments.

7 hours ago - Yahoo News