Damages cap on carbon-capture mishaps would be nullified under House bill
BATON ROUGE – A bill aimed at reshaping how Louisiana handles liability for carbon-capture incidents is gaining traction at the State Capitol, signaling a potential shift in how the emerging industry is regulated.
House Bill 79, sponsored by Rep. Robby Carter, D-Greensburg, advanced without opposition Monday from the House Civil Law and Procedure Committee. The measure would remove the current $250,000 cap on damages related to carbon-capture release incidents, placing the industry on equal footing with most other sectors operating in Louisiana.
Under current law, carbon-capture companies benefit from a liability limit that critics argue gives them an unfair advantage. Carter was outspoken in questioning why the industry is treated differently.
“Why are we giving them an advantage over these other industries and allowing them to cap?” Carter asked during committee discussions.
The bill’s advancement is notable given the historically contentious debate surrounding carbon capture in Louisiana.
While the technology is often promoted as a key tool in reducing emissions, concerns about safety and long-term environmental risks have fueled opposition. Carter emphasized that carbon-capture operations can pose real dangers, highlighting the need for stronger accountability measures.
Those tensions were on full display earlier this session when House Speaker Pro Tempore Mike Johnson, R-Pineville, brought his own carbon-capture proposal. House Bill 7 sought to strip private companies of the authority to use eminent domain to
acquire land for carbon-capture pipelines and storage projects.
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Supporters argued the bill was necessary to protect landowners from being forced to give up property, while opponents warned it would undermine billions of dollars in potential investment tied to the industry. After a lengthy and often heated committee hearing packed with landowners, industry representatives and lobbyists, the measure ultimately failed on a 12-7 vote in the House Natural Resources Committee.
The debate highlighted a deep divide between those prioritizing economic development and those concerned about individual property rights and local control. Support for Carter’s bill, though, has crossed party lines, suggesting a growing
bipartisan willingness to revisit how the industry is regulated. Among those raising concerns was Johnson, who argued that limiting liability could inadvertently reduce the incentive for companies to prioritize safety.
“If it’s as safe as everyone is telling us it is, then why do they need a cap?” Johnson asked, echoing a broader skepticism shared by some lawmakers.
Carter framed the issue in stark terms, urging legislators to consider who ultimately benefits from the current system.
“Do you want to protect ExxonMobil or Shell, or do you want to protect Louisiana citizens?” he asked.
If passed, HB 79 would mark a significant policy change, removing a legal safeguard for carbon-capture companies and potentially increasing their financial exposure in the event of an accident.
Supporters argue this would encourage stronger safety practices, while critics warn it could impact investment in the state’s carbon-capture sector.