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Senate committee advances 'Louisiana Energy Protection Act' after amendment, despite legal concerns
Summary
The Senate Committee on Natural Resources reported House Bill 804 as amended, a measure to bar future climate-change damages claims in Louisiana; supporters including energy trade groups said the bill is narrowly proscribed and prospective, while coastal-parish counsel warned its drafting could sweep too broadly and affect administrative and legacy claims.
The Senate Committee on Natural Resources on May 14 voted to report House Bill 804, the "Louisiana Energy Protection Act," as amended, advancing the bill to the next step in the legislative process.
Representative Guymon, the bill sponsor, told the committee the measure is "strictly limited to claims for damages caused by climate change" and is prospective, intended to prevent lawsuits that attribute specific harms to climate change rather than to statutory violations or permit breaches. He said other states have begun adopting similar protections and that the bill focuses on the novel category of climate-change damage claims rather than ordinary negligence or permit-enforcement actions.
The committee adopted Amendment Set 3,875, which "creates an explicit exemption for causes of action filed before the effective date of the bill" and makes the bill effective on the governor's signature, a change the sponsor described as a grandfathering provision to protect ongoing litigation.
Industry witnesses urged support. Tommy Fauci, president of the Louisiana Mid-Continent Oil and Gas Association, called the measure an important step for the state and said it would protect businesses broadly: "I think the country is going to look at this, and celebrate what has been done on behalf of not just the oil and gas industry," he said.
Opponents pressed for narrower language. Victor Marcello, an attorney representing six coastal parishes involved in ongoing coastal litigation, warned the bill as drafted "is a lot broader than has been represented in the testimony," arguing the text could be read to bar private claims for damage to immovable property, to affect administrative proceedings, and to reach legacy lawsuits. "When you legislate, just say what you mean and mean what you say," Marcello said, urging revisions to avoid unintended preemption of other remedies.
Marlee Montgomery of the Sierra Club said her group sought amendments to ensure the bill not "immunize or relieve civil liability" for petrochemical companies and that negligence or other valid claims would remain available. Montgomery urged explicit language to preserve causes that "would otherwise hold water."
Support for the bill was filed by a roster of industry and trade groups that did not all speak at the hearing, including Shell, Phillips 66, Atmos Energy, the Institute for Legal Reform/US Chamber of Commerce, and others listed on witness cards.
Sponsor and proponents repeatedly told senators the bill does not affect existing statutory or permit enforcement — "Clean Air Act, Clean Water Act, EPA, DEQ permits" were cited as preserved avenues for relief — and that the amendment was intended to make that explicit for filed cases. After questions from committee members and the addition of the grandfathering amendment, Senator Olland moved to report the bill as amended; the motion carried without objection.
What happens next: HB 804, as amended, will move to the next committee or floor scheduling phase before it can reach the governor. The amendment makes the bill effective upon gubernatorial signature and expressly exempts causes filed before that effective date.
