Section 5301.60
(A) A claim for damages due to injection or migration of carbon dioxide shall not be recoverable against a storage operator conducting carbon sequestration in accordance with a valid UIC Class VI permit unless the claimant proves that the injection or migration of carbon dioxide has caused direct physical injury to an individual, animal, or real or personal property.
(B) A surface or subsurface property interest owner asserting a claim for injury to personal or real property may recover monetary damages due to injection or migration of carbon dioxide only for the diminution in real or personal property value resulting from the injection or migration of carbon dioxide beyond the storage facility.
(C) A surface or subsurface property interest owner may not seek punitive damages due to injection or migration of carbon dioxide if the storage operator acts in compliance with the requirements of the UIC Class VI permit.
(D) Divisions (A), (B), and (C) of this section do not apply to any claims that may be asserted by owners of oil and gas interests or owners of class II disposal wells for damages or injuries related to any of the following:
(1) The injection or migration of carbon dioxide;
(2) The construction or operation of a storage facility;
(3) A carbon sequestration project.
Last updated July 6, 2026 at 3:18 PM
Available Versions of this Section
- September 23, 2026 – Enacted by House Bill 170 - 136th General Assembly [ View September 23, 2026 Version ]