Bill > SB1790

This bill creates the Extreme Weather Recovery Act, which establishes a legal mechanism for individuals, businesses, and associations to sue fossil fuel companies for damages caused by climate-related disasters. Specifically, the bill allows harmed parties to bring civil actions against "responsible parties" (fossil fuel companies that emitted at least one billion metric tons of carbon dioxide equivalent between 1965 and the present) for climate disasters and extreme weather events. To qualify, plaintiffs must have suffered at least $10,000 in damages, and the lawsuit must be filed within three years of the cause of action. The bill includes extensive legislative findings that outline how fossil fuel companies knew about climate change risks as early as the 1950s but continued to spread misinformation and prioritize profits. The Act provides for strict liability, allowing plaintiffs to seek compensatory and punitive damages, and explicitly prevents state or local government entities from bringing such actions. The bill also includes robust severability provisions to ensure that if any part of the law is found unconstitutional, the remainder would remain in effect. The legislation aims to create a judicial forum for individuals to recover damages related to climate change impacts, emphasizing the state's compelling interest in protecting its citizens from climate-related harm.

https://www.ilga.gov/legislation/BillStatus.asp?DocNum=1790&GAID=18&DocTypeID=SB&SessionID=114&GA=104