Sierra Club rips bill to protect oil and gas from climate change lawsuits

State judges side with Big Oil, teeing up appeals fights

Environmental group, the Oklahoma Chapter of the Sierra Club came out with a critical press release this week attacking a Senate-passed bill it contends would shield the fossil fuel industry by prohibiting Oklahomans from taking civil legal action against oil, gas and coal companies over climate change.

The chapter said it issued an “urgent warning” to lawmakers and the public about SB1439, called the “Energy Security and Independence Act. The Senate gave approval on a vote of 40-7 earlier in the month. The bill’s authors are Sen. Julie Daniels, R-Bartlesville and Rep. Antony Moore, R-Clinton.

“We call on all Oklahomans to contact their State House Representatives immediately and demand a NO vote on SB 1439,” stated the organization in a press release. “Under the guise of protecting energy security, SB 1439 strips local communities, landowners, and municipalities of their legal right to seek justice.”

The bill provides unprecedented legal immunity to producers, manufacturers, and sellers of fossil fuels, blocking civil liability actions that relate to:

  • Climate change and greenhouse gas emissions (such as methane leaks).

  • Fraud or deceptive practices.

  • Failure to warn the public regarding the dangers or impacts of fossil fuel products

A House analysis showed the engrossed version of SB 1439 prohibits someone from suing a fossil fuel company for the
effects of climate change or greenhouse gas emissions.
The measure clarifies that lawsuits for violations of environmental and labor laws are not prohibited.

The Sierra Club contends that the legislation is being heavily pushed by out-of-state interests attempting to use Oklahoma to shield their national operations from accountability. It continued that Oklahomans are already facing the devastating impacts of climate whiplash—from the wettest spring on record last year to a serious drought and record-breaking heat this year. Families across the state are watching their already high property insurance rates skyrocket. When corporate negligence contributes to these crises, it is everyday citizens and taxpayers who are left footing the bill to rebuild, according to the Oklahoma chapter.

“This bill is a blatant attempt to put corporate profits above the health, safety, and property rights of everyday Oklahomans,” said Kara Joy McKee, Chapter Director of the Oklahoma Sierra Club. “It is deeply concerning that out-of-state interests are pushing to rewrite our laws so they can mislead the public and pollute our environment without having to answer for it in a court of law. As our insurance premiums rise and we pay the price for worsening weather disasters like historic droughts, fires, and floods, SB 1439 effectively closes the courthouse doors to Oklahoma taxpayers and gives giant energy corporations a free pass.”

While the legislation includes exemptions for direct violations of existing state or federal environmental and worker protection laws, it eliminates what McKee contends are “the crucial civil pathways” that communities use to recover damages when companies act negligently, commit fraud, or fail to warn the public about the hazards of their operations.

The Oklahoma Chapter of the Sierra Club said it strongly urges the state legislature to reject SB 1439 and stand with the citizens of Oklahoma, rather than granting blanket legal immunity to out-of-state corporate polluters.