Last week, Louisiana citizens learned that the Office of Conservation had scheduled a September 9 hearing to consider “certificates of convenience” for new pipeline projects for Carbon Capture and Sequestration (CCS) in southwest Louisiana. These certificates are no small matter. They open the door for private companies to use eminent domain (expropriation) powers to take private land for CCS pipelines. The notice was rushed in advance of the new common carrier rules going into effect on October 1, thanks to legislation spearheaded and passed by fellow members of the Louisiana Freedom Caucus and many other allies in the fight, both inside and outside of the legislature.

When notice of this new meeting came to light last week, legislators sprang into action. Rep. Brett Geymann and Sen. Blake Miguez, with the help of dozens of other legislators, refused to let this process move forward unchecked. We drafted and delivered a letter to the Department of Energy and Natural Resources demanding more time for public comment and a delay in any decisions for these permits until citizens and lawmakers had an opportunity to weigh in.

That unified effort worked. Low Carbon Logistics CCS Transport LLC withdrew three applications—including two certificates of convenience tied to a carbon dioxide pipeline in Calcasieu Parish. What might have been quietly advanced in a short-notice hearing has now been pulled from the agenda. While the September 9 meeting will still take place, the questionable rush projects attempting to skirt new laws have been removed.

This outcome is a clear victory for transparency and property rights. It proves that when legislators stand firm on behalf of their constituents, state agencies are forced to listen. It also underscores a larger issue: Louisiana’s pipeline laws, written in 1973 and amended so many times they are nearly unrecognizable, no longer provide the transparency and fairness that citizens deserve. Reform must be on the table when the legislature reconvenes.

This comes on the heels of a few 2024 session wins that began as a 12+-hour marathon in the House Natural Resources Committee and grew into a weeks-long struggle to protect property rights. We suffered crushing defeats but refused to give up. Many of us drove the effort in the House including myself, Brett Geymann, Rodney Schamerhorn, Danny McCormick and Robby Carter. Senators Valarie Hodges, Blake Miguez, and Bill Wheat carried the fight in the Senate. We refused to give up, and our persistence paid off.

The result was real wins for Louisiana landowners: HB304 guaranteed eminent domain fights over carbon pipelines would be decided by local juries, not Baton Rouge bureaucrats. SB73 raised landowner consent for CCS unitization to 85% and gave local governments a voice. SB244 closed eminent domain loopholes by forcing CO₂ pipelines to meet the same standards as oil and gas carriers (a tough standard to meet for toxic garbage storage), and HB691 tightened safety and reporting rules. Not enough yet, but a real, solid beachhead.

The fight over carbon capture and storage in Louisiana didn’t start last week. It goes back to 2009. That year, Rep. Jim Morris authored the Louisiana Geologic Sequestration of Carbon Dioxide Act, signed into law by Governor Bobby Jindal. It laid the groundwork for injecting and storing CO₂ underground.

Fast forward to 2020. In the middle of John Bel Edwards’ COVID lockdowns and attempts to mandate experimental COVID vaccines for everyone, Senator Sharon Hewitt quietly pushed through a bill, backed by LABI and LOGA, that put CCS expansion on steroids. For the first time, carbon pipeline developers were granted eminent domain powers, handing private companies the authority to seize Louisiana land to bury industrial waste. With barely a whisper, the bill became law, but it lit the fuse for the fight led by the Louisiana Freedom Caucus and conservative allies who are now taking the battle to the Goliath.

We have shown that coordinated action can protect landowners from rushed decisions and restore trust in the process. Sunshine, not secrecy, must guide decisions that affect citizens’ property and livelihoods. This fight is far from over. This past week was a powerful reminder that leadership matters and that the people of Louisiana are not without defenders.

Chuck Owen is a 2nd Term Legislator. He lives in Vernon Parish and represents parts of Vernon and Beauregard Parishes. He is Chairman of the House Select Committee on Military & Veteran Affairs. He serves as Vice Chair of the House Committee on Homeland Security. He also serves on House Education, Appropriation and Municipal Affairs Committees. Owen is an honorably-retired Air Force Lieutenant Colonel with four wartime deployments (decorated for each). He is an adjunct professor for 3 universities and holds a Ph. D from LSU, and an MBA and BS from Louisiana Tech.