Bill > HB804

This bill, titled the Louisiana Energy Protection Act, establishes a new chapter in Louisiana law to promote energy production and consumption while protecting energy producers and related industries from claims that greenhouse gas emissions have caused or contributed to climate change and resulting damages. It defines "climate change" broadly to include any actual or alleged changes in climate conditions, weather patterns, or atmospheric composition, whether natural or human-caused, and specifically includes changes attributed to greenhouse gas emissions. A "covered civil liability action for climate change damages from greenhouse gas emissions" is defined as any claim or action for damages, penalties, or other relief that arises from or relates to climate change, its alleged effects from greenhouse gas emissions, or any related public discussion. The bill declares that such actions are preempted by federal law, including the Clean Air Act, and intends to limit all such claims under Louisiana state law or in Louisiana courts. However, this prohibition does not apply to actions brought for unlawful acts that violate specific enforceable Louisiana or federal statutory limitations or restrictions on greenhouse gas emissions, or violations of valid permits, nor does it apply to violations of the federal Occupational Safety and Health Act that directly cause a specific injury. The provisions of this Act apply to all such actions filed on or after its effective date, regardless of when the alleged conduct occurred, and it clarifies that the Act does not create any new claims or remedies.