Emerging legislation would shield polluters from liability for climate change



In Iowa, a bill very similar to the one in Utah is winding its way through the General Assembly. It would also limit civil and criminal liability for climate change harms caused by greenhouse gas emissions, unless the evidence shows clear violation of statutory emission limits or permits. “Greenhouse gas” is defined by the bill as those that originate from any agricultural, petroleum, or renewable fuel source.

Republican Rep. Derek Wulf, a lead sponsor, did not respond to Inside Climate News’ inquiry. But Wulf told E&E News that the proposal is intended to help protect agribusinesses in the state, while still being broad enough so that “we don’t have to come back and do this, year after year, of whatever craziness that a trial lawyer or attorney general from another state decides to sue on.” Wulf also said the bill was a response to climate liability lawsuits and legislation filed in other states, according to E&E News.

Climate liability shield bills are also advancing in Louisiana and Tennessee, states with some of the most climate-vulnerable communities in the country, according to an index from the Environmental Defense Fund and Texas A&M University.

Louisiana’s bill, called the “Louisiana Energy Protection Act,” broadly blocks liability for climate change damages resulting from greenhouse gas emissions. Damage claims based on out-of-state emissions are entirely prohibited, and claims pertaining to exclusively in-state emissions are not allowed unless the claimant can prove the defendant violated statutory emissions limits or terms of a permit.

Additionally, the bill specifies that climate-damage claims are considered preempted by federal law, including by the Clean Air Act, and that any government entity or political subdivision in the state cannot bring a climate liability action unless prior approval is obtained from the governor, the state attorney general, and both the House and Senate Committees on Natural Resources.



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