In Iowa, a bill similar to Utah’s is moving through the General Assembly. It would also limit civil and criminal liability for climate change harm caused by greenhouse gas emissions unless the evidence shows a clear violation of statutory emissions limits or permits. The bill defines “greenhouse gases” as gases that originate from any agricultural, petroleum or renewable fuel source.
Lead sponsor Republican Representative Derek Wolf did not respond to inquiries from Inside Climate News. But Wolf told E&E News that the proposal is intended to help protect agricultural businesses in the state, while still being broad enough that “we won’t have to come back and do this year after year for whatever crazy thing that a trial lawyer or attorney general from another state decides to sue.” According to E&E News, Wolf also said the bill was a response to climate liability lawsuits and legislation filed in other states.
Climate liability shield bills are also moving forward in Louisiana and Tennessee, states with some of the most climate-sensitive communities in the country, according to an index from the Environmental Defense Fund and Texas A&M University.
Louisiana’s bill, called the “Louisiana Energy Conservation Act”, largely bars liability for climate change damages resulting from greenhouse gas emissions. Claims for damages based on out-of-state emissions are strictly prohibited, and claims specifically relating to out-of-state emissions are not permitted unless the claimant can prove that the defendant violated statutory emissions limits or permit conditions.
Additionally, the bill specifies that climate-harm claims are considered preempted by federal law, including the Clean Air Act, and no government entity or political subdivision in the state may bring climate liability actions unless prior approval is obtained from the Governor, the state Attorney General, and both the House and Senate Committees on Natural Resources.
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