No accountability: Bills would ban liability lawsuits for climate change
Legislation modeled after gun industry immunity could block dozens of state and local climate lawsuits.
Republican lawmakers at the federal and state levels are advancing a legislative counter-offensive to shield major oil and gas companies from financial accountability for climate change. The movement, spearheaded by Rep. Harriet Hageman (R-Wyo.), seeks to create a federal liability shield similar to the 2005 law that protects gun manufacturers. This initiative comes as dozens of lawsuits from communities like Boulder, Colorado, and state-level "climate superfund" laws aim to force fossil fuel producers to pay for adaptation costs, alleging they misled the public about climate risks.
The effort is gaining momentum with support from 16 Republican attorneys general and active lobbying by the American Petroleum Institute (API), which lists stopping "extreme climate liability policies" as a top priority. The push coincides with a critical Supreme Court case, where justices agreed to hear Suncor and ExxonMobil's petition arguing that federal law preempts Boulder's climate damages lawsuit. A ruling in favor of the companies could invalidate numerous similar cases nationwide, providing a judicial path to immunity if the legislative effort stalls.
Critics, including the Make Polluters Pay campaign, argue this is an unprecedented attempt to grant legal immunity for decades of alleged deception about climate science. The proposed legislation represents a significant escalation in the fossil fuel industry's strategy to avoid trillions in potential liability, setting up a major legal and political battle over who should bear the mounting costs of climate disasters and resilience infrastructure.
- Rep. Harriet Hageman is drafting federal legislation to grant fossil fuel companies immunity from climate lawsuits, modeled after the 2005 gun industry shield law.
- The Supreme Court will hear a case this fall from Suncor and ExxonMobil that could preempt state climate liability claims, potentially derailing dozens of existing lawsuits.
- The American Petroleum Institute is actively lobbying for the liability shield, listing it as a top priority while communities pursue "climate superfund" laws for adaptation funding.
Why It Matters
This could absolve oil giants of trillions in climate damage liability, shifting adaptation costs entirely to taxpayers and local governments.