Energy Security and Independence Act

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Policy Status

  • Type: Model Policy
  • Status: Draft
  • Date Introduced: July 23, 2026

Task Forces

  • Judiciary

    • Tags

  • 2026 Annual Meeting

    • Summary

    Prohibits climate change-related civil liability actions against parties engaged in the lawful production, manufacture, processing, transportation, sale, and use of fossil fuels and related trade associations, while preserving actions arising from violations of environmental and worker protection laws.   
    Draft

    Energy Security and Independence Act

    Section 1. Purpose and scope.  

    • (a) This Act shall be known and may be cited as the “Energy Security and Independence Act”.  
    • (b) The purposes of this Act are:  
      1. To prohibit causes of action against those who lawfully produce, manufacture, purchase for generation of electricity, or sell fossil fuels and their trade associations, when this highly regulated product functions as designed and intended;  
      2. To preserve lawful access to affordable, clean, and reliable fossil fuels that increase the productive capacity of this state and thereby bolster economic growth and its downstream benefits including, but not limited to, a tax base, jobs, and increased worker access to health care and housing; and  
      3. To prevent the use of lawsuits that seek the imposition of unreasonable burdens on the commerce of fossil fuels.  

    Section 2. Definitions. For purposes of this Act, the following terms have the following meanings:  

    • (a) “Covered civil liability action” means any civil action or proceeding, including any administrative proceeding, brought against a manufacturer, producer, processor, fractionator, refiner, storage operator, pipeline operator, transporter, or seller of covered product for legal or equitable relief of any kind arising out of or resulting from the production, manufacture, processing, fractionation, refinement, storage, transportation, marketing, sale, or use of covered product and such action or proceeding arises out of or relates to, or seeks relief of any kind arising out of or relating to, climate change, the alleged effects of climate change, or greenhouse emissions.  
      1. Covered civil liability action includes, but is not limited to, any cause of action for fraud, misrepresentation, deception, or failure to warn, whether statutory or at common law, that purports to seek relief for climate change, the alleged effects of climate change, or greenhouse emissions.  
      2. Covered civil liability action shall not include an action, proceeding, or administrative proceeding brought for unlawful acts arising out of:  
        • (A) a violation of federal or state environmental law or regulation establishing a standard or operational practice governing the emission, discharge, or storage of covered product; or  
        • (B) a violation of federal or state worker protection laws.  
    • (b) “Covered product” means a fossil fuel or fossil fuels.  
    • (c) “Engaged in the business” means any party that produces, manufactures, transports, sells, or is otherwise involved in intrastate, interstate, or foreign commerce of covered product and any party that devotes time, attention, or labor to the production, manufacture, transportation, or sale of covered product as a regular course of trade or business with the principal objective of livelihood or profit.  
    • (d) “Fossil fuel” or “fossil fuels” means natural gas, oil, coal, liquefied petroleum gas, natural gas liquids, refined products, and any product derived from such material.  
    • (e) “Manufacturer” means any person or entity that is engaged in the business of manufacturing covered product, including any person or entity that produces, processes, fractionates, refines, stores, or transports covered product for its lawful use and sale for profit.  
    • (f) “Person” means any individual, corporation, company, association, firm, partnership, society, joint stock company, or any other entity, including governmental entities.  
    • (g) “Producer” means any person or entity that is engaged in the business of exploration, production, or transportation of covered product or any of its constituent portions for its lawful use and sale for profit.  
    • (h) “Seller” means any importer, exporter, dealer, wholesaler, or retailer that is engaged in the business of selling covered product for profit.  
    • (i) “Trade association” means any corporation, unincorporated association, federation, business league, or professional or business organization not organized or operated for profit and no part of the net earnings of which inure to the benefit of any private shareholder or individual.  
    • (j) “Transporter” means any person or entity that is engaged in the business of transporting, transferring, conveying, or moving covered product or any of its constituent portions for its lawful use and sale for profit.  

    Section 3. Prohibition of covered civil liability actions.  

    • (a) A covered civil liability action may not be brought in any court in this state.  
    • (b) No provision of this Act shall be construed to create a public or private cause of action or remedy.  

    Section 4. Effective date.  

    This Act shall become effective [INSERT DATE].