Relating to liability for capturing and storing carbon dioxide.
The proposed legislation presents significant implications for both landowners and companies engaged in carbon capture projects. Under HB2790, claimants will face stringent requirements to recover noneconomic damages related to interference with access to underground minerals or water caused by geologic storage activities. This shift means that defendants—primarily operators of carbon storage facilities—would be less vulnerable to lawsuits claiming damages related to their activities, promoting a more stable operational environment for carbon capture initiatives in Texas.
House Bill 2790 is designed to establish limited liability for individuals and entities involved in the capturing and storing of carbon dioxide, particularly in geologic storage facilities. The bill amends the Civil Practice and Remedies Code by adding Chapter 100B, which outlines the conditions under which lawsuits can be initiated related to carbon dioxide storage. Notably, the bill aims to promote carbon capture technologies by mitigating risks associated with potential legal actions incurred from their operations, thereby encouraging investment in the technology vital for reducing greenhouse gas emissions.
If passed, HB2790 will likely influence the landscape of environmental law regarding carbon capture and geologic storage, clarifying the legal framework within which these activities operate. Advocates for carbon capture assert that this legislation could position Texas as a leader in carbon management, while critics may voice concerns centered on environmental equity and the rights of landowners potentially affected by these operations.
While proponents of HB2790 argue that reducing liability will incentivize companies to adopt carbon capture technologies crucial in combatting climate change, opponents may see this as an erosion of property rights and environmental safeguards. Discussions around liability concerns commonly reference the balance between fostering innovative technologies and protecting landowners from potential harms associated with industrial activities, including groundwater contamination or resource accessibility issues.
Civil Practice And Remedies Code