Utah Shields Fossil Fuel Companies from Climate Damage Lawsuits

Utah has enacted a law that effectively shields fossil fuel companies from legal accountability for climate damages. The legislation, signed by Republican Governor Spencer Cox, limits the ability of residents to sue these companies for their role in contributing to climate change.

The new law is part of a broader effort by the fossil fuel industry and its allies to secure legal immunity in statehouses and Congress. This push is aimed at countering a wave of litigation filed by states, subnational governments, and individuals who claim that fossil fuel companies knew their products would cause climate damages but sold them anyway.

Critics argue that the law prioritizes profits for the biggest polluters over communities already suffering from climate impacts. The law requires challengers to provide 'clear and convincing evidence' that damage or injury has resulted directly from a violation, making it virtually impossible to successfully sue polluters for climate damages.

The legislation was sponsored by Republican Representative Carl Albrecht, who has received funding from oil and gas interests. Albrecht's ties to the industry have raised concerns about the bill's motivations. The law closely mirrors a model policy called the Energy Freedom Act, circulated by the conservative group Consumers Defense, which has financial ties to a group linked to Leonard Leo, a key figure in the far-right takeover of the Supreme Court.

The passage of Utah's law comes as climate lawsuits against big oil companies are inching closer to trial. Seventy cities, states, and individuals have sued energy majors for allegedly deceiving the public about the climate crisis. New York and Vermont have also passed climate 'superfund' laws requiring major polluters to pay for damages caused by their past planet-heating pollution.

Lawmakers and advocates have amassed evidence that oil companies intentionally covered up the climate harms of their products. Climate science continues to warn that fossil fuels are the primary cause of dangerous global warming. Critics argue that the fossil fuel industry is pushing for immunity because it knows it cannot win on the merits of its case.