OPINION/By GARY MUSGROVE
Louisiana lawmakers are once again offering patchwork fixes to a problem they created—while asking the public to applaud them for it.
Carbon capture and sequestration (CCS), the permanent burial of industrial waste, has become one of Louisiana’s most contentious issues. In 2020, the Legislature passed Act 61, fundamentally altering property rights by granting eminent domain and pore-space control to private corporations for $CO_2$ injection. That single act stripped landowners of the constitutional protections they once held.
What Act 61 Actually Did
Act 61 was not merely an adjustment to pipeline policy; it was the keystone for large-scale CCS deployment. The law transferred control of underground pore space from landowners to the state, authorized forced unitization, enabled permanent burial of waste beneath private property, and created long-term public liability.
Focusing solely on pipeline eminent domain misses the larger issue. Pipelines are surface infrastructure, but pore-space seizure is irreversible. Once $CO_2$ is injected, the “taking” has already occurred—with or without a pipeline crossing the land.
In October, Governor Jeff Landry issued an executive order pausing new CCS permits. While this acknowledges public concern, a pause is not a fix. It does not stop the 32 current CCS projects and 104 potential injection wells awaiting approval.
The Illusion of Progress
Lawmakers have recently filed legislation claiming to give parishes more authority, such as prohibiting eminent domain for CCS or allowing local voters to decide if projects are permitted. This is not progress. Even if pipeline eminent domain were limited, the underlying authority of Act 61 would remain. Every large-scale CCS project in Louisiana relies on Act 61’s control of pore space and compulsory unitization to function.
These bills do not restore property rights; they redefine them under majority rule. Before Act 61, an individual had full control of their land. Now, those rights are subject to administrative decisions and popular votes. That is not constitutional protection; that is “two wolves and a lamb deciding what’s for supper.”
Worse still, the legislators presenting themselves as protectors are often the same ones who voted for Act 61. You don’t get to light the fire and then expect applause when you pick up the hose. Fundamental property rights should never be subject to a vote. They are inherent, protected, and non-negotiable.
The Only Real Solution
You cannot protect property rights by regulating around a law that already stripped them away. This is why Save My Louisiana filed suit in the 19th Judicial District Court, challenging the constitutionality of the state’s CCS laws. The lawsuit argues that current statutes enable unlawful takings and due-process violations—claims that go far beyond what patchwork legislation can fix.
If lawmakers are truly serious about protecting landowners, there is only one solution: repeal Act 61 in its entirety. If they lack the courage to do that, the only honest path is to support the lawsuit seeking to have the law declared unconstitutional.
Anything less is political theater meant to calm public outrage without restoring the rights that were taken. Louisianans don’t need a savior wrapped in patchwork laws; we need our constitutional property rights fully restored—without conditions or majority permission.
Disclaimer: The preceding is an Op-Ed submission. The views and opinions expressed in this article are those of the author and do not necessarily reflect the official policy or position of this publication.
