Louisiana is now the third state to introduce legislation shielding the oil and gas industry from climate change lawsuits. Yesterday, State Rep. Brett Geymann pre-filed House Bill No. 804 to create the Louisiana Energy Protection Act. If enacted, the bill would effectively prohibit suits against oil companies for greenhouse gas emissions and recognize that federal law preempts state-court claims — an issue at the center of the Suncor v. Boulder County case the US Supreme Court agreed to hear last week.

H.B. 804 takes a multi-pronged approach to ensure that Louisiana parishes and municipalities do not join the more than 30 cases pending across the country seeking massive judgments against the energy industry for greenhouse gas emissions. The bill: (1) establishes as state public policy the promotion of energy production and the protection of industry from damage claims tied to greenhouse gas emissions; (2) declares that such claims are preempted by federal law, meaning federal law controls and state-court claims are barred; (3) imposes strict procedural requirements and a "clear and convincing" burden of proof on damage claims — a higher standard than courts typically apply; and (4) requires all governmental agencies to obtain written approval from the Governor, the Attorney General, and the Natural Resources Committees of both chambers of the Louisiana Legislature before filing such a suit.

The bill follows similar legislation introduced in Utah and Oklahoma. Utah's proposed bill — which prevents anyone from being held liable for climate change unless they violated existing law — has already passed and is awaiting the governor's signature. Oklahoma's version is a complete ban on civil actions alleging climate change claims and is still working its way through the legislature. H.B. 804's approach of stacking several independent barriers to these claims will likely make it more resilient to the constitutional challenges already emerging in Utah and Oklahoma.

Whether the bill becomes law is an open question. A ruling by the Supreme Court in Suncor v. Boulder County holding that federal law preempts state-court climate change claims would resolve the issue and render H.B. 804 unnecessary. The bill also faces a procedural hurdle: it is slated for the 2026 fiscal session of the House, which limits the legislation that can be considered, and will require a two-thirds vote simply to receive a hearing. Complicating the political calculus, Governor Landry has supported the similar Parish coastal land loss suits against the oil industry, which are also before the Supreme Court on preemption grounds. 

If it does pass, H.B. 804 raises deeper legal questions about whether a state can effectively declare issues are federally preempted, and whether the law would extend to bar claims that energy companies misled the public about climate change in addition to the more straightforward emissions-based claims.

Louisiana does not currently face a Boulder-style municipal climate lawsuit. But the state is no stranger to litigation holding energy companies liable for environmental damage. Geymann's bill would ensure that this new category of claims will not gain a foothold in Louisiana.