In a concerning move, lawmakers in Oklahoma and Utah are attempting to shield the fossil fuel industry from climate liability lawsuits. If enacted, these measures would significantly restrict the public’s ability to hold oil companies accountable for their role in the climate crisis.
The proposed bills in both states aim to prevent parties from joining the growing wave of climate accountability litigation across the US. In Oklahoma, a new bill would bar most civil lawsuits against oil companies over their contribution to the climate crisis, unless plaintiffs can prove violations of specific environmental or labour laws. A similar proposal in Utah would block lawsuits over climate-warming emissions, unless a court finds the defendant violated a statute or permit.
These measures are part of a larger coordinated effort by the fossil fuel industry and its political allies to limit legal accountability. Last year, 16 Republican state attorneys general urged the Justice Department to provide a “liability shield” for oil companies, while lobbying disclosures show that industry groups like the American Petroleum Institute have pressed Congress on draft legislation to restrict climate liability.
“These proposals are clearly part of a larger coordinated effort to strip communities and states of their right to hold Big Oil accountable,” said Richard Wiles, president of the Center for Climate Integrity, a non-profit supporting climate accountability litigation. “If you have not violated the law, there is no reason to seek immunity.”
Experts warn that if enacted, these bills would likely face legal challenges, as they could raise serious constitutional issues. “This kind of blanket waiver of liability could raise serious state constitutional issues,” said Pat Parenteau, an environmental law expert at Vermont Law School.
The measures have also been criticised for undermining the foundations of democracy. “The ultimate foundation of democracy is the American jury system,” said Jay Inslee, the former governor of Washington state and a former trial attorney. “These efforts are attempting to deny Americans the right to that key democratic institution.”
Advancements in attribution science, which link specific extreme weather events to the climate crisis, have made climate accountability litigation even stronger, according to Parenteau. “It’s really only a matter of time before a jury hands down a multi-billion dollar verdict,” he said. “I’m positive.”
As the battle over climate liability continues, these attempts by the fossil fuel industry to shield itself from accountability raise serious concerns about the integrity of the legal system and the ability of communities to seek justice for the harms they have endured.