Louisiana residents sue over carbon capture land seizures

A lawsuit filed Thursday by residents of central Louisiana challenges whether the state can legally take private property for private carbon capture and sequestration projects.

The lawsuit, filed in the 19th Judicial District Court in East Baton Rouge Parish, claims laws passed since 2020 violate the state constitution by allowing companies engaged in carbon capture and storage to use eminent domain for private gain.

The plaintiffs include the nonprofit group Save My Louisiana, composed of several property owners in Rapides, Vernon, Allen and Beauregard parishes. They want the laws declared unconstitutional and state officials ordered to halt all permitting and regulatory actions related to Class VI injection wells and pipelines across the state.

The wells are designed for the purpose of injecting carbon dioxide a mile or more below the earth’s surface into underground rock formations for long-term storage.

The lawsuit names the state of Louisiana as the defendant through Gov. Jeff Landry and Department of Conservation and Energy Secretary Justin Davidson. The plaintiffs argue Louisiana's carbon capture and sequestration laws violate private property rights, allow improper use of eminent domain for private gain and fail to protect public health and safety.

Landry's office and the Department of Conservation and Energy declined requests for comment on the lawsuit. The Center Square's attempts to reach Save My Louisiana were unsuccessful before publication.

Louisiana is considered an attractive location for carbon storage wells due to its subsurface geology, which features deep saline aquifers and porous rock reservoirs, and because it is located in the center of manufacturing and energy hubs in the Southeast.

The state was granted primacy over Class VI carbon capture wells by the U.S. Environmental Protection Agency in December 2023, giving it direct authority to permit and regulate the storage of carbon dioxide.

Around 31 carbon capture and sequestration projects are seeking state approval, mostly in central and southwest Louisiana, according to a map from the Department of Conservation and Energy.

In mid-October, after police juries in Vernon, Allen and other parishes in west central Louisiana opposed the projects, Landry issued an executive order directing the state’s Department of Energy and Conservation to suspend review of new applications to construct Class VI wells. The governor ordered the department to spend the next 45 days evaluating 33 pending permit applications.

Landry in the executive order called on all agencies, departments and local officials to collaborate on developing a road map to ensure Class VI applications follow state rules governing carbon injection and carbon pipelines.

In the order, Landry prioritized the review of six existing applications for carbon capture and storage projects in Point Coupee, Vernon, Calcasieu, Cameron, Caldwell and Ascension parishes.

“Local government and citizens have a right to be heard to ensure safety, transparency, and local input,” Landry said in the order.