BATON ROUGE — A coalition of Louisiana property owners and a nonprofit organization filed suit Thursday against the state, claiming a series of laws governing carbon capture and storage give private companies sweeping powers that violate constitutional protections.
Plaintiffs include Save My Louisiana, Inc., a nonprofit advocating for property rights and environmental protection, and seven landowners who claim they were pressured to lease land for carbon storage. Some allege they were threatened if they refused.
“Our legislators have granted both foreign and domestic corporations the authority to use eminent domain for the taking of our private property — a power that was never meant to be placed in the hands of private industry,” Save My Louisiana said in a Facebook post Thursday.
‘National waste dump site’
The lawsuit, filed in East Baton Rouge Parish, warns that Louisiana is on track to become a “national waste dump site” for carbon dioxide transported and injected from across the country.
The petition seeks an injunction blocking the enforcement of several statutes that support the state’s carbon sequestration program. The plaintiffs argue the laws improperly authorize private entities, including companies that are subsidiaries of foreign corporations, to use powers that resemble eminent domain for carbon storage projects.
The suit claims that the statues strip citizens of their constitutional rights to property and due process without judicial review. They ask the court to halt all permitting and regulatory actions related to injection wells, which would effectively pause projects statewide, including those involving major operators such as ExxonMobil and Denbury Carbon Solutions.
MORE: Resolution opposing Class VI carbon capture wells unanimously approved in Livingston Parish
“Legislators have offered excuses for this massive failure”
The petition argues that Louisiana’s legal framework for carbon sequestration violates several sections of the state constitution. The suit also invokes the Fifth and Fourteenth Amendments of the U.S. Constitution, arguing the statutes facilitate takings of private property without adequate process or just compensation.
The laws being challenged, passed over several legislative sessions, including most recently Act 645 of 2024, form the backbone of Louisiana’s push to become a national hub for carbon storage. More than 30 projects are proposed across the state.
“Legislators have offered excuses for this massive failure stating that they either didn’t read or understand the bills that created this situation yet still they voted for them,” Save My Louisiana said in a statement. “It was not until this organization and others like it discovered this treachery of negligence that Legislators began “working” to correct the situation.
“Although Legislators seek full forgiveness for their negligence, they have only offered anemic half-measures to correct their whole measure offense. Their actions seem more like threading a needle to placate citizens with a false sense of security while protecting the carbon capture and sequestration industry’s “right” to exercise eminent domain.”
Maps attached to the lawsuit highlight proposed Class V and Class VI injection wells, particularly in central and southeast Louisiana.
‘They basically forced me into the project’
Homeowners argue that the current process allows private entities to condemn land without adequate judicial oversight or timely compensation.
Horace Johnson Jr., a North Carolina resident who owns property in Pitkin, Louisiana, said in the suit that he was approached by Denbury Carbon Solutions. He says the company wanted to lease his property for a well pod. He claims that he was told that if he didn’t sign, the company would take his land anyway under eminent domain.
Another plaintiff, Louis Robertson of Allen Parish, echoed those concerns. He said that he signed a lease after Denbury allegedly threatened eminent domain. He believes that he didn’t have enough information about what the project would do to his land or its value.
Carbon capture pause
In October, Louisiana Gov. Jeff Landry signed an executive order that places a temporary moratorium on new applications for carbon capture and storage injection wells, while directing state agencies to coordinate efforts and prioritize review of projects already in the pipeline.
“I … have heard the concerns of citizens and communities and am stepping in to require agencies to work together,” the governor’s order read. “The purpose of this Order is to provide a clear roadmap for citizens and local officials.”
The executive order pauses new carbon capture injection well applications while state regulators review more than 30 existing proposals. Landry also directed the Department of Conservation and Energy to create a priority list for pending projects, requiring companies to meet new engagement and compliance benchmarks before moving forward.
“Local government and citizens have a right to be heard to ensure safety, transparency, and local input,” the order states. The governor said the directive is intended to “ensure transparency” while making sure state regulators have the resources and time needed to evaluate each proposal properly.
How carbon capture works
Carbon capture and storage is a process designed to reduce greenhouse gas emissions by trapping carbon dioxide before it enters the atmosphere.
During the process, CO2 is separated from industrial emissions at facilities such as power plants or chemical plants. The captured CO2 is compressed and transported, usually via pipelines, to designated storage sites.
CO2 is then injected deep underground into geological formations, such as depleted oil and gas reservoirs or saline aquifers, where it is intended to remain permanently.
Proponents say CCS is essential for meeting climate goals, while critics argue it poses risks to groundwater, agriculture, and public safety. In Louisiana, the debate also includes whether private companies should have the power to seize land for these projects.
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