Louisiana House bill would strip damage cap from carbon capture industry

BATON ROUGE — A measure that would remove liability protections for carbon capture companies advanced without opposition Monday from the House Civil Law and Procedure Committee, moving the legislation one step closer to a full House vote.

House Bill 79, sponsored by Rep. Robby Carter, D-Greensburg, would eliminate the current cap on damages that can be recovered in civil suits stemming from carbon capture release incidents. Under existing state law, carbon dioxide storage facility owners, operators, and pipeline operators face a limit of $250,000 per person for non-economic losses, rising to $500,000 per person in exceptional cases. A separate provision caps recovery at $1 million per person should those limits be found unconstitutional.

During committee discussions, Carter questioned why the carbon capture industry receives liability protections not extended to most other sectors operating in Louisiana, arguing the existing framework gives the industry an unfair advantage.

The bill, now engrossed and subject to call on the House floor, would repeal those limits entirely, leaving carbon capture companies exposed to the same civil liability standards that govern most other industries doing business in the state.

The legislation arrives amid a broader debate at the Capitol over how Louisiana should regulate carbon capture and storage technology. Proponents argue it is a critical tool for reducing industrial emissions, while opponents have raised concerns about long-term environmental risks, pipeline safety, and landowner rights. Several other bills in the current session seek to impose additional restrictions on carbon capture operations, including measures that would limit eminent domain authority and require environmental impact statements before certain injection wells can be drilled.

HB 79 is scheduled for consideration by the full House.

https://www.legis.la.gov/legis/BillInfo.aspx?s=26RS&b=HB7&sbi=y


Sources: Louisiana Legislature, HB 79 Engrossed, 2026 Regular Session; House Civil Law and Procedure Committee proceedings.