The proposed legislation, known as the Louisiana Energy Protection Act, aims to establish a framework for addressing claims related to climate change damages attributed to greenhouse gas emissions. It enacts a new chapter in the Louisiana Revised Statutes, specifically R.S. 30:1601 through 1605, which outlines the state's public policy to support energy production and consumption while protecting energy users, producers, and related industries from liability claims associated with climate change. The Act explicitly states that any civil liability actions for climate change damages are preempted by federal law, including the Clean Air Act, and limits the rights to bring such claims under Louisiana state law.
Furthermore, the Act prohibits any covered civil liability actions for climate change damages from being filed in Louisiana courts, with specific exceptions for violations of enforceable emissions limitations or standards under federal or state law. It clarifies that the provisions of this Act do not create any new claims or remedies and are applicable only to actions filed after the effective date of the Act. Additionally, it ensures that existing lawsuits filed before the Act's effective date are not affected by its provisions. The Act includes a severability clause to maintain its validity even if certain provisions are deemed invalid.