When Local Laws Still Meant Something: How Allen & Beauregard Lost Their Right to Say No.

In 1983, Louisiana Got It Right

Before “carbon capture and storage” was ever a buzzword, the Louisiana Legislature quietly passed a law that empowered local governments to protect their land and water from industrial waste.

That law — R.S. 33:1236.6 — gave eight parishes, including Allen, Beauregard, Calcasieu, St. Landry, Acadia, Assumption, Iberville, and West Baton Rouge, the power to regulate, control, or prohibit the disposal of industrial waste on or under land not zoned for industrial use.

It was simple.
It was local.
And it worked.

The intent was clear: if your land is agricultural or residential, industry can’t bury its waste beneath it.

So here’s the question every citizen should be asking in 2025:

❓ How did we go from protecting our farmland from toxic waste to allowing corporations to bury millions of tons of industrial CO₂ beneath it?

The Forgotten Statute

Under R.S. 33:1236.6, parishes like Allen and Beauregard have “concurrent authority” with state agencies. That means the Police Jury has the right to make local laws governing waste disposal — right alongside LDNR and DEQ.

In legal terms, this statute gives local government standing and jurisdiction.
In plain English, it means Allen Parish had (and still technically has) the power to say no to underground industrial waste.

So what changed?

Enter the Exemption — and the Loophole

Buried in the same law is a one-line exemption that changed everything:

“…but shall not include any industrial waste produced by industries or industrial processes regulated by Chapter 1 or Chapter 11 of Title 30.”

That’s the escape hatch.

Because Class VI injection wells — the ones used for carbon capture and storage — fall under Title 30, the state now claims that CO₂ injection is off-limits to parish control.

But this raises even more questions:

• Who pushed for that exemption in 1983?
• Why were those specific eight parishes given protection — and not the others?
• And who benefits today from pretending that CCS is not “industrial waste” when it clearly originates from industrial plants?

Industrial Waste by Another Name

Carbon dioxide used in CCS projects isn’t the clean, natural CO₂ that plants exhale. It’s a manufactured byproduct from industrial processes — containing trace chemicals, heavy metals, and impurities from refineries, LNG terminals, and chemical plants.

So when companies like Oxy, CapturePoint, and Williams propose to inject “supercritical CO₂” beneath our farmland, what they’re really doing is disposing of industrial waste in non-industrial zones — exactly what R.S. 33:1236.6 was designed to prevent.

Which brings us to the biggest question of all:

❓ If Louisiana law already prohibited this kind of underground industrial waste disposal in 1983, how did CCS slip through the cracks 40 years later?

 How the State Quietly Preempted Local Power

The answer lies in the evolution of Title 30 over time.

As oil, gas, and later carbon capture regulation expanded, the Louisiana Department of Natural Resources (LDNR) and its Office of Conservation gradually centralized all authority over injection wells.

By classifying CO₂ injection as a “beneficial use” or “storage” instead of waste disposal, state regulators effectively overrode parish control without ever repealing R.S. 33:1236.6.

The law still exists — it’s just ignored.

Let that sink in.
A law giving Allen Parish the right to protect its farmland was never repealed — only bypassed by regulatory sleight of hand.

 Allen & Beauregard Parish Can Still Use This Law

Legal experts argue that the Police Jury can still invoke R.S. 33:1236.6 to regulate or even prohibit CO₂ injection within non-industrial zones.

They can:

• Pass an ordinance declaring CO₂ a form of industrial waste when injected for disposal;
• Require rezoning hearings for any CCS projects on agricultural land;
• Demand written classification from LDNR and LDEQ confirming whether CO₂ waste qualifies under the statute; and
• Issue a moratorium pending that clarification.

Even if challenged, such action would force the courts to confront the question no one in Baton Rouge wants to answer:

❓ Does the state have the right to bury industrial waste under private farmland when local law says no?

💰 Who Benefits from Silence?

It’s worth noting which parishes were included in the 1983 law — and which ones now face CCS projects:

• Allen Parish
• Beauregard Parish
• Calcasieu Parish
• Iberville Parish

Coincidence? Or Foresight?

Was this law written because even back then, Louisiana lawmakers knew heavy industry was pushing too far into rural land?
And if so, why isn’t the state enforcing it today?

From Protection to Exploitation

Forty years ago, the state of Louisiana trusted parishes like Allen and Beauregard to protect their people.
Now, those same parishes are being told to sit down and let Baton Rouge decide what happens under their feet.

Citizens need to ask:

• Who redefined industrial waste as “climate innovation”?
• When did local protection become state preemption?
• Why is a 1983 law written for public safety being ignored to serve corporate profit?

And most importantly —

❓ Who is standing up for Allen Parish now?

The Fight Ahead

The Louisiana CO₂ Alliance and Save My Louisiana are already working with parish officials and attorneys to test these legal boundaries.

This fight isn’t just about carbon.
It’s about local sovereignty, constitutional rights, and who controls Louisiana’s land and water.

🗣️ Call to Action

If you live in Allen, Beauregard, or any of the protected parishes under R.S. 33:1236.6, you already have a law on your side.

Your Police Jury can act.
Your voice can still matter.
And your parish can still say no.

🔹 Support the Legal Fight: SaveMyLouisiana.org
🔹 Learn More: LouisianaCO2Alliance.org
🔹 Follow Investigations: CO2Chronicles.com

“We’ve been here before — the law once stood with the people. It’s time we remind Baton Rouge who it was written for.”

⚖️ The CO₂ Chronicles provides investigative reporting, not legal advice. Readers should consult qualified legal counsel before acting on any information contained herein.