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Protecting Louisiana Jobs from Climate Litigation
As we previewed yesterday, the House Natural Resources Committee will hear HB 804 by Chairman Brett Geymann (R-Lake Charles) today. This bill represents a proactive effort to protect Louisiana’s energy producers, users and job-creating industries from costly, politically motivated climate-change lawsuits that are becoming increasingly common across the country.
The measure establishes the Louisiana Energy Protection Act and makes clear that Louisiana’s policy position is to promote energy production while shielding businesses from claims that attempt to hold individual entities liable for the global impacts of climate change. More than 30 climate-related lawsuits are already pending nationwide, and new cases continue to emerge—making this legislation a timely step to ensure Louisiana does not become the next target.
According to S&P Global Ratings, ‘the overall volume of climate litigation has increased exponentially over the past 10 years.’ While much of this pseudo-industry is complex and operating nefariously, the numbers tell the story:
- More than 4x the number of lawsuits in 2023 than in 2013
- Suits were filed in 75 jurisdictions in 2023, up from 24 in 2017
- The scope of claims has shifted to include climate accountability
Clearly, climate litigation is quickly becoming the next frontier of “lawfare” against job creators. Around the country, states and local governments are increasingly pursuing sweeping liability claims seeking massive damages that could ultimately drive up energy costs and discourage investment.
- In Washington, lawsuits have attempted to tie energy companies to heat-related deaths during extreme weather events.
- California is seeking to recover wildfire, drought, flooding and infrastructure costs from energy producers.
- Local governments in Colorado are pursuing claims tied to wildfires and extreme weather, with a major case now headed to the U.S. Supreme Court.
- Counties in Hawaii are advancing lawsuits seeking funding for sea-level rise and coastal infrastructure.
- Delaware has filed claims tied to coastal flooding and sea-level rise impacts.
HB 804 protects a broad cross-section of Louisiana’s economy, including oil and gas production, refining and petrochemicals, LNG export and pipelines, electric utilities, agriculture and livestock, timber and forestry, manufacturing, transportation and logistics, mining and minerals, construction, commercial fishing and small businesses. These lawsuits target the very companies Louisiana is working to recruit and grow—and could eventually affect businesses and families across the state.
Advocates emphasize the legislation protects far more than the energy sector—farmers, truckers, manufacturers and contractors could all face questionable claims alleging their everyday operations contribute to climate change. By requiring plaintiffs to identify a specific violation of state or federal law unrelated to an alleged contribution to climate change, the bill preserves accountability while preventing speculative lawsuits. Companies that violate emissions statutes or permits would remain fully liable.
Ultimately, HB 804 will help safeguard hundreds of thousands of Louisiana jobs, keep the state competitive with other energy-producing states that have enacted similar protections and prevent opportunistic litigation from raising energy costs for families and businesses.