Red States Propose Legislation to Shield Fossil Fuel Industry from Climate Liability

U.S. lawmakers in Oklahoma and Utah are advancing legislation aimed at protecting the fossil fuel industry from climate-related lawsuits. In Oklahoma, a bill has been introduced that would prohibit most civil lawsuits against oil companies regarding their contributions to climate change, unless plaintiffs can demonstrate violations of specific environmental or labor laws. Similarly, Utah's proposal seeks to block lawsuits related to climate-warming emissions unless a court finds that the defendant has breached a statute or permit.

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These legislative efforts are perceived as attempts to limit the growing trend of climate accountability litigation, which has seen over 70 states, cities, and local governments suing major oil companies for allegedly misleading the public about climate risks. Richard Wiles, president of the Center for Climate Integrity, criticized the proposals, stating, “These proposals are clearly part of a larger coordinated effort to strip communities and states of their right to hold Big Oil accountable.”

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Experts warn that if enacted, these bills could significantly restrict future litigation against fossil fuel companies. Michael Gerrard, a climate law expert at Columbia University, noted that Oklahoma's bill would block claims related to fraud, misrepresentation, and deceptive marketing, which are central to many existing climate lawsuits. Utah's legislation is narrower, focusing solely on emissions-based claims, but still poses a threat to accountability efforts.

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Jay Inslee, former governor of Washington state, expressed concern that these measures undermine democratic principles, stating, “The ultimate foundation of democracy is the American jury system. These efforts are attempting to deny Americans the right to that key democratic institution.” He emphasized that the push for liability shields reflects a fear within the fossil fuel industry regarding potential legal repercussions.

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The push for climate liability shields is part of a broader trend where various industries, including pharmaceuticals and technology, seek to limit legal accountability. The fossil fuel industry's lobbying efforts have intensified, with 16 Republican state attorneys general previously urging the U.S. Justice Department to provide a liability shield for oil companies.

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As these legislative measures unfold, advocates are awaiting a U.S. Supreme Court decision on a climate lawsuit from Boulder, Colorado, which could have significant implications for climate accountability litigation nationwide. Environmental law expert Pat Parenteau remarked on the advancements in attribution science, which links extreme weather events to climate change, suggesting that it is only a matter of time before a jury issues a substantial verdict against fossil fuel companies.

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While neither Oklahoma nor Utah has seen significant climate accountability lawsuits filed at the state or city level, the proposed bills are seen as preemptive measures. Critics argue that these legislative actions could raise serious constitutional issues and threaten the ability of communities to seek justice against environmental harm.

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• “These proposals are clearly part of a larger coordinated effort to strip communities and states of their right to hold Big Oil accountable,” — Richard Wiles, President, Center for Climate Integrity

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• “The ultimate foundation of democracy is the American jury system,” — Jay Inslee, Former Governor of Washington

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• “It’s really only a matter of time before a jury hands down a multi billion dollar verdict,” — Pat Parenteau, Environmental Law Expert, Vermont Law School

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