summary
Introduced
02/07/2025
02/07/2025
In Committee
02/18/2025
02/18/2025
Crossed Over
Passed
Dead
Introduced Session
104th General Assembly
Bill Summary
Creates the Extreme Weather Recovery Act. Creates a private cause of action for a harmed party against a responsible party in which the amount in controversy is $10,000 or more. Authorizes a harmed party who has suffered damages in that amount that is alleged to have been caused by climate disaster or extreme weather attributable to climate changes or both to sue a responsible party. The Act's covered period is from 1965 to the effective date of the Act. Prohibits the State or unit of local government or an agent or employee of these governmental units from commencing an action under the Act. Makes legislative findings. Makes definitions. Creates a 3-year statute of limitation in which a harmed party must file or commence an action under the Act. Authorizes the Illinois Emergency Management Agency to adopt rules implementing the Act. Makes other changes. Effective immediately.
AI Summary
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 change and extreme weather events. The bill covers the period from 1965 to the present and allows harmed parties to bring civil actions against "responsible parties" (defined as fossil fuel companies that have emitted at least one billion metric tons of carbon dioxide) if they have suffered at least $10,000 in damages. The legislation is rooted in extensive legislative findings that detail how fossil fuel companies knew about climate change risks as early as the 1950s but continued to spread misinformation and prioritize profits. To bring a lawsuit, plaintiffs must prove that climate disasters or extreme weather events were substantially worsened or caused by the responsible party's products, with the bill providing broad definitions of what constitutes a climate disaster. The act allows for strict liability and permits plaintiffs to seek full compensatory and punitive damages, and it includes provisions that limit potential defenses companies might raise. Notably, the bill prohibits state and local government entities from bringing actions under the act, leaving it to individual plaintiffs to seek justice. 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.
Sponsors (1)
Last Action
Chief Sponsor Changed to Rep. Lilian Jiménez (on 03/07/2025)
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.ilga.gov/legislation/BillStatus.asp?DocNum=3594&GAID=18&DocTypeID=HB&SessionID=114&GA=104 |
| BillText | https://www.ilga.gov/legislation/104/HB/10400HB3594.htm |
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