Emerging legislation would shield polluters from liability for climate change

"Dozens of local communities, states, and individuals are suing major oil and gas companies and their trade associations over rising climate costs and for allegedly lying to consumers about climate change risks and solutions. At the same time, some states are enacting or considering laws modeled after the federal Superfund program that would impose retroactive liability on large fossil fuel producers and levy a one-time charge on them to help fund climate adaptation and resiliency measures."

"Last month the court decided to take up a petition lodged by oil companies Suncor and ExxonMobil in a climate-damages case brought against the companies by Boulder, Colorado. The petition argues that Boulder's claims are barred by federal law, and if the justices agree, it could knock out not only Boulder's lawsuit but also many others like it."

"There is also a possibility that Republicans in Congress will take action before then to gift the fossil fuel industry legal immunity, similar to that granted to gun manufacturers with the 2005 Protection of Lawful Commerce in Arms Act."

Republican lawmakers across multiple states and Congress are proposing legislation to protect polluters from climate accountability and liability for climate harms. This counter-offensive occurs as dozens of communities, states, and individuals sue major oil and gas companies for rising climate costs and alleged deception about climate risks. Some states are enacting climate superfund laws imposing retroactive liability on fossil fuel producers. However, these lawsuits and climate superfund laws face potential obstacles from the conservative Supreme Court majority and Republican-controlled Congress. The Supreme Court recently agreed to hear a petition from Suncor and ExxonMobil challenging Boulder, Colorado's climate damages case, potentially affecting numerous similar lawsuits. Republicans in Congress may also grant fossil fuel companies legal immunity comparable to protections given to gun manufacturers.

Read at Ars Technica