House Bill No. [insert number] proposes the enactment of the Louisiana Energy Protection Act, which establishes a framework for addressing claims related to damages caused by climate change, specifically concerning emissions of greenhouse gases. The bill articulates the public policy of Louisiana to support energy production while protecting energy producers and related industries from liability for emissions that may contribute to climate change. It defines various terms related to emissions and climate change, including "claim for damages based on Louisiana emissions" and "claim for damages based on non-Louisiana emissions." Notably, the bill prohibits any cause of action or right of action for claims based on non-Louisiana emissions.
Furthermore, the bill stipulates that claims for damages based on Louisiana emissions can only be pursued if a court finds that the defendant has violated specific Louisiana or federal statutes regarding emissions or the terms of a relevant permit. It outlines detailed requirements for filing a claim, including the necessity for clear and convincing evidence of fault and causation, and it restricts recovery for economic losses unless accompanied by physical injury. Additionally, any claims brought by the state or political subdivisions require prior written approval from the governor, attorney general, and relevant legislative committees.