(The Center Square) − Lawmakers in Louisiana advanced a bill that would make it far more difficult to sue energy companies for claims related to personal and economic damages from climate change, bringing energy companies even closer to guarding against what they say are unjustified and harmful lawsuits.
House Bill 804, authored by Rep. Brett Geymann, R-Lake Charles, sets a very high bar. Among other provisions, the state, a parish, or another public body could not bring this kind of lawsuit unless they first got written approval from the governor, attorney general and two legislative committees.
Further, those who bring the lawsuit would have to specifically identify the emissions, join all responsible parties, and prove that the defendant caused more than half the damage and that the plaintiff did not contribute to the emissions.
“We’re not taking away the rights of the people at all,” Geymann said, assuring committee members that claims can still be brought for violations of permits or Occupational Safety and Health Administration regulations, as well as the Clean Air Act.
In other words, lawsuits can still be filed provided that plaintiffs can show the company violated existing law or permit.
Last week, energy companies and other stakeholders rejoiced around a ruling from the U.S. Supreme Court which decided in favor of Chevron and will also make it more difficult to sue energy companies for claims related to climate and environmental damages. The court ruled in favor of Chevron 8-0, with Justice Alito recusing himself.
During the committee hearing debating Geymann’s bill, Rep. Danny McCormick, R-Oil City, said that some energy companies are refusing to invest until “those lawsuits are gone.”
In support of the bill, the American Petroleum Instititute called the bill “common sense.” Other witnesses in support included representatives from the Louisiana Association of Business and Industry, the Louisiana Mid-Continent Oil and Gas Association, the Greater LaFourche Port Association, Louisiana Farm Bureau, and the Southwest Electric Power Company.
In opposition were three Louisiana residents, all representing themselves.
“I’ve noticed a trend, particularly with this committee,” John West, a Vernon Parish resident, told the committee. “It’s very clear that considering people is last, considering economics is first.”
Indeed, many of the bills supported by the oil and gas lobby have made it through the House Natural Resources Committee, while those it opposes are more often than not killed.
Such was the case last year, when several legislators attempted to limit carbon capture and sequestration, and all but one of those bills failed. The oil and gas industry has been adamant that carbon capture is crucial to economic development and to supporting the energy industry.
Conversely, the lawsuits are, according to the oil and gas industry, a burden on economic development and limit energy production.