Senator John Kennedy said on May 6 that no carbon capture injection wells should be installed in Louisiana without the consent of landowners, according to two speeches delivered on the U.S. Senate floor.
The issue is important because federal tax credits are encouraging companies to inject captured carbon underground, raising concerns about property rights for Louisiana residents. Kennedy addressed these concerns by highlighting the balance between energy development and constitutional protections for property owners.
“It is called the 45Q tax credit. . . . We are paying companies a whole bunch of money to go capture this carbon and inject it in the ground. Now, I didn’t come here tonight to debate whether that is a good idea or a bad idea. A lot of that is up to the States and to Congress for another day. There are pros and cons, and some say it is a good idea. Some say it is a bad idea,” Kennedy said during his first speech on April 28.
Kennedy continued: “I know certain oil and gas companies have been injecting CO2 into producing oil and gas wells for years to make the gas and oil flow better without hurting anybody. I know in other cases there have been CO2 pipelines—carbon dioxide pipelines—transmitting carbon dioxide that have ruptured and injured people.” He added, “I don’t know who is right, and I don’t know who is wrong. I do know, though, that to inject it underground, you have got to do it on somebody’s property. And that is where the rub comes in. We take our property rights in Louisiana seriously.”
He also said: “But the people in Louisiana have just discovered that the companies that I talked about who are being paid this Federal money—$85 a ton to capture carbon and inject it into the ground—can also take people’s land to put in an injection well. And I don’t like that.”
In his second speech on April 29, Kennedy stated: “If the powers that be in my state start bullying people—I’m not saying they will, but if they start bullying people and taking their property when they don’t want to give it up… then I’m going to have something to say about it because this money that we’re paying companies…it’s a federal statute.” He concluded: “And you know what? That 45Q tax credit can be changed…I sure can offer a bill to change that amount of money…if they’re going to force people and take their land…”
Kennedy has earned degrees from Vanderbilt University with magna cum laude honors as well as law degrees from Oxford University and University of Virginia; he holds top Republican positions on subcommittees related to energy policy; contributes as an adjunct professor; serves on several Senate committees including appropriations; authored books on constitutional law; served as executive editor of Virginia Law Review; all according to his official website.
The discussion highlights ongoing debates over balancing economic incentives for energy projects with protecting individual rights.
