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Pennsylvania Statutes Title 32 P.S. Forests, Waters and State Parks § 696.8. Liability of storage operator

Current as of January 01, 2025 | Updated by Findlaw Staff

(a) Actionable claims.--A claim for damages due to injection or migration of carbon dioxide shall not be actionable 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 was performed without reasonable care and has caused injury to an individual, animal or real or personal property.

(b) Redress and damages.--

(1) A surface property interest owner or subsurface property interest owner or lessee who incurs injury or damage or loss of property value as a result of the injection or migration of carbon dioxide described in subsection (a) shall have a right of action against the storage operator for injunction, damages or other appropriate civil or equitable relief.

(2) A surface property interest owner, subsurface property interest owner or lessee may seek recovery for any of the following:

(i) General and special damages, including actual damages, for the diminution in property value resulting from the injection and migration of carbon dioxide beyond the storage facility.

(ii) Punitive damages.

(iii) Reasonable attorney fees and costs.

(iv) Injunctive and other equitable relief.

(v) Other relief which the court deems necessary and proper.

(3) A surface property interest owner, subsurface property interest owner or lessee may not seek punitive damages due to injection or migration of carbon dioxide if the storage operator is determined to have had a reasonable basis for believing that the carbon sequestration project would not result in migration of carbon dioxide beyond the storage facility.

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Cite this article: FindLaw.com - Pennsylvania Statutes Title 32 P.S. Forests, Waters and State Parks § 696.8. Liability of storage operator - last updated January 01, 2025 | https://codes.findlaw.com/pa/title-32-ps-forests-waters-and-state-parks/pa-st-sect-32-696-8/

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