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21 April 2026

The 2026 Liskow CCS Legislative Update

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Liskow & Lewis

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Louisiana's 2026 Legislative Session has seen an unprecedented surge in carbon capture and sequestration legislation, with over 40 bills introduced that could fundamentally reshape the industry's regulatory landscape.
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More than 40 bills either directly concerning Carbon Capture and Sequestration (“CCS”), or that could materially impact the potential industry in Louisiana, have been filed in the House and Senate during the 2026 Legislative Session. This represents nearly double the number of CCS-related bills initially introduced during the 2025 Legislative Session, underscoring the increasing attention surrounding the industry.

CCS remains a hot topic among legislators and stakeholders. While the proposals vary in scope and approach, the legislation introduced generally falls within the following overarching themes:

  • Authorizes Local Control Over CCS Operations
    • Several bills would give local parishes “veto” authority over CCS projects.
  • Removes/Restricts Expropriation Ability of CCS Companies
    • Various bills would remove—or significantly limit—the ability of private companies to expropriate right of ways for CO₂ pipelines. Additionally, there has been a focus on expropriation on a global scale, with many bills seeking to limit the ability of foreign adversaries and companies to expropriate land in Louisiana[AA1].
  • Expands Liability for CCS Operations
    • Statutory caps limiting liability for claims related to CCS incidents could also be repealed as a result of the proposed legislation.

As of now, HB 7 has been the only bill to receive a hearing and did not advance following a 7–12 vote, while all remaining bills are still awaiting consideration. HB 79 is being heard this morning in the House Civil Law Committee, and HB 841 is scheduled to be heard Wednesday in the House Natural Resources Committee.

Read a brief overview of each proposed bill below:

Bill #

Author

Description

HB 5

Rep. Johnson

Authorizes local option to determine whether Class VI carbon dioxide injection wells, carbon sequestration projects, and CO₂ pipelines may be permitted within a parish.

HB 6

Rep. Johnson

Rapides Parish local option to determine whether Class VI carbon dioxide injection wells, carbon sequestration projects, and CO₂ pipelines may be permitted.

HB 7

Rep. Johnson

Enacts the “Louisiana Landowners Protection Act” — Elimination of eminent domain relating to CCS pipeline or storage.

HB 37

Rep. Owen

Bars expropriation by foreign entities.

HB 79

Rep. R. Carter

Removes statutory caps on noneconomic damages recoverable in civil actions related to carbon dioxide storage facilities and pipelines, eliminating the current $250K/$500K limits.

HB 80

Rep. R. Carter

Establishes strict liability for owners or operators of CCS facilities, or pipelines transporting CO₂ for geologic storage, for any damages caused by an authorized release or loss of containment.

HB 180

Rep. Owen

Defines foreign adversary, and agent thereof, for purposes of eminent domain.

HB 195

Rep. Owen

(Constitutional Amendment) Bars any private entity that is a “foreign adversary” or an “agent of a foreign adversary” from expropriating or damaging property.

HB 284

Rep. Wyble

Authorizes a parish or municipality with a population of less than 50,000, referred to as a “governing authority”, to expropriate abandoned or blighted property by a declaration of taking.

HB 327

Rep. McCormick

Makes CCS illegal without consent of property owner.

HB 449

Rep. Geymann

Requires expropriating authority to pay court costs in all cases.

HB 493

Rep. Carter

Prohibits Amite River Basin and Water Conservation District from expropriating property in East Feliciana and St. Helena parishes.

HB 494

Rep. Carter

Prohibits CCS in St. Helena Parish.

HB 495

Rep. Firment

Grant Parish local option to determine whether Class VI carbon dioxide injection wells, carbon sequestration projects, and CO₂ pipelines may be permitted.

HB 497

Rep. Schamerhorn

Vernon Parish local option to determine whether Class VI carbon dioxide injection wells, carbon sequestration projects, and CO₂ pipelines may be permitted.

HB 498

Rep. Schamerhorn

Beauregard Parish local option to determine whether Class VI carbon dioxide injection wells, carbon sequestration projects, and CO₂ pipelines may be permitted.

HB 499

Rep. McCormick

Establishes that nonconsenting pore space owners within a carbon dioxide storage unit must receive no less than the average per-acre compensation paid to other owners. Allows courts to request information to determine just compensation.

HB 500

Rep. McCormick

Requires carbon dioxide storage unit operators to compensate nonconsenting mineral owners for stranded mineral value if drilling is prevented, or reimburse additional costs required to drill through a storage unit.

HB 501

Rep. Carrier

Allen Parish local option to determine whether Class VI carbon dioxide injection wells, carbon sequestration projects, and CO₂ pipelines may be permitted.

HB 504

Rep. Schamerhorn

Sabine Parish local option to determine whether Class VI carbon dioxide injection wells, carbon sequestration projects, and CO₂ pipelines may be permitted.

HB 507

Rep. McCormick

Repeals the statutory civil liability caps applicable to owners or operators of carbon dioxide storage facilities and transmission pipelines. Removes existing noneconomic damages limits in CCS-related litigation.

HB 509

Rep. Owen

Requires a public hearing in every parish where a Class V or Class VI geologic sequestration well permit is proposed. Hearing must occur within the first 15 days of the public comment period and not between Dec. 20 and Jan. 1.

HB 510

Rep. Schamerhorn

Prohibits the sequestration of carbon dioxide in Louisiana unless the CO₂ was generated within the state. Requires all statutory conditions be met prior to reservoir use or eminent domain for storage.

HB 566

Rep. Owen

Prohibits the use of state funds for programs or initiatives tied to achieving net-zero greenhouse gas emissions goals, with limited exceptions and a sunset of Jan. 1, 2031.

HB 589

Rep. Farnum

Prohibits construction of carbon dioxide transport pipelines within 500 feet of inhabited dwellings, schools, and healthcare facilities, adding setback requirements to existing Class VI well restrictions.

HB 595

Rep. Landry

Vests exclusive jurisdiction over development of the state’s natural resources in the department and prohibits local governments from enacting permitting requirements or other actions affecting that subject matter.

HB 671

Rep. Owen

Requires the Department of Conservation and Energy to appoint an independent acquisition agent to manage pre-petition procedures for carbon dioxide storage expropriations and requires the expropriating authority to reimburse related costs.

HB 820

Rep. Farnum

Requires carbon dioxide transporters to use a manifest system to track CO₂ from generation through storage or injection, with reporting, retention, and penalty provisions.

HB 840

Rep. Farnum

Requires notice and public hearings in affected parishes before issuance of carbon capture permits, orders, or certificates, including pipeline construction and certificates of public convenience and necessity.

HB 841

Rep. Geymann

Provides additional procedures for exercising eminent domain (not limited to only CO2 pipelines).

HB 877

Rep. Carter

Prohibits carbon capture facilities from sharing pipelines.

HB 878

Rep. Carter

Prohibits geologic storage of carbon dioxide beneath scenic river systems.

HB 879

Rep. Carter

Requires CO₂ storage operators to pay at least 25% of federal 45Q tax credits to landowners.

HB 1136

Rep. Carter

Prohibits the transport of carbon dioxide in rights-of-way used for petroleum transportation.

HB 1144 Rep. Owen Requires pipeline operator of hazardous material to include contact information on pipeline signage.

HB 1152

Rep. Riser

Extends the fees paid by CO₂ sequestration storage facilities to create a Carbon Dioxide Community Safety and Protection program.

HB 1156

Rep. Bacala

Comprehensive CCS safety regulation bill.

SB 60

Sen. Wheat

Enacts the “Louisiana Landowners Protection Act,” – Companion to HB 7

SB 61

Sen. Wheat

Authorizes parish governing authorities or parish-wide elections to prohibit or allow CCS Project – Companion to HB 5

SB 62

Sen. Wheat

Prohibits construction of carbon dioxide pipelines within the boundaries of Lake Maurepas and Lake Pontchartrain.

SB 63

Sen. Wheat

Prohibits construction of carbon dioxide pipelines within the Maurepas Swamp, Joyce, and Manchac Wildlife Management Areas.

SB 200

Sen. Hodges

Allows LA military department to expropriate immovable property within 50 miles of military base if it is owned or controlled by a foreign adversary.

SB 395

Sen. Miguez

Requires State to expropriate property if owned by China, Chinese Communist Party, a China incorporated organization, or a citizen of China, and deems the taking an exercise of state governmental powers for a necessary and public purpose under the Louisiana Constitution.

SB 466

Sen. Sebaugh

Provides that no property expropriated pursuant to the authority of this Section shall ever, directly or indirectly, be sold or donated to any foreign power, any alien, or any corporation in which the majority of the stock is controlled by any foreign power, alien corporation, or alien that is considered a foreign adversary as identified in 15 CFR 7.4(a) and identified in the database maintained by the United States Department of the Treasury, office of foreign assets control, if the property is within fifty miles of a military base.

 

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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