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HB 804

ENERGY: Creates the Louisiana Energy Protection Act (EN NO IMPACT See Note)

2026 Regular Session Introduced by Brett Geymann

Louisiana Energy Protection Act bars claims from non-Louisiana emissions and requires stringent proof (clear and convincing) that Louisiana emissions caused over 50% of damages.

Effective date: 06/08/2026.
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Bill Summary · HB 804

Summary of HB 804 (Louisiana, 2026) – Louisiana Energy Protection Act

Overview

  • Bill: HB 804
  • Session: 2026
  • Jurisdiction: Louisiana
  • Topic: Energy, climate-related damages, and liability
  • Sponsor: Rep. Geymann; Co-sponsor: Rep. Brett Geymann
  • Purpose: Create a new framework (Louisiana Energy Protection Act) to limit liability and preempt claims related to climate change damages tied to greenhouse gas emissions, while protecting energy producers and related industries in the state.

Main Purpose and Intent

  • Establish public policy to promote and support energy production in Louisiana.
  • Protect energy producers and related industries from claims alleging damages caused by emissions (including greenhouse gases) contributing to climate change.
  • Limit or preempt claims under Louisiana law (and to the extent possible under federal law) about damages attributed to emissions within or related to climate change.

Key Provisions and Changes

Chapter Establishment

  • Creates Chapter 18 of Subtitle I, Title 30 (R.S. 30:1601–1606), titled the "Louisiana Energy Protection Act."

Public Policy (§1602)

  • Declares Louisiana’s public policy to promote energy production and protect energy producers from claims alleging damages from emissions related to climate change.

Definitions ( §1603 )

  • “Claim for damages based on Louisiana emissions”: Claims arising from emissions originating inside Louisiana causing climate-related damages.
  • “Claim for damages based on non-Louisiana emissions”: Claims arising from emissions originating outside Louisiana.
  • “Climate change”: Changes attributed to activities that alter atmospheric composition (including greenhouse gases).
  • “Damages”: Personal injury, death, property damage, or economic loss.
  • “Greenhouse gases”: A broad list including CO2, methane, nitrous oxide, water vapor, ozone, fluorinated gases, etc.
  • “Person”: Any individual or legal entity, including governmental and nonprofit entities.

Prohibited Claims (§1604)

  • No cause of action exists under Louisiana law for damages based on non-Louisiana emissions.
  • No right of action exists under Louisiana law for damages based on non-Louisiana emissions.

Conditions and Procedural Requirements for Louisiana Emissions Claims ( §1605 )

  • A claim for damages based on Louisiana emissions may be brought only if a court finds clear and convincing evidence that:
    1. The defendant violated an enforceable Louisiana or federal statutory limitation/restriction on emissions originating in Louisiana, or violated a valid permit (state or federal) governing greenhouse gas emissions.
    2. The plaintiff meets detailed petition requirements, including identifying emissions within the state and the specific statutory or permit violations.
    3. The plaintiff joins all persons who contributed emissions potentially causing the damages; failure to join can render the petition vague.
    4. Admissible expert testimony (Rule 702) is provided to prove fault and causation.
    5. Clear and convincing evidence shows emissions from the defendant caused more than 50% of the damages.
    6. Clear and convincing evidence shows the plaintiff did not contribute to the emissions causing the damages.
    7. Damages are proven by clear and convincing evidence.
  • Economic losses cannot be recovered unless they are accompanied by physical injury to person or property (no damages for purely economic loss).

Approvals for State/Local Actions ( §1606 )

  • If the claimant is the state, a political subdivision, or another governmental entity, any action under this Chapter requires prior written approval from:
    • Governor of Louisiana
    • Attorney General of Louisiana
    • Louisiana House Committee on Natural Resources and Environment
    • Louisiana Senate Committee on Natural Resources

Who is Affected

  • Energy producers and related industries operating in Louisiana.
  • Entities contributing emissions from within Louisiana (as defined by the act).
  • Plaintiffs seeking damages related to climate change where emissions originate in Louisiana.
  • Governmental actors pursuing or defending actions under this framework (requiring approvals).
  • The public and courts, to the extent litigation is constrained by these provisions.

Procedural and Timeline Aspects

  • Enactment would add new statutory chapters (R.S. 30:1601–1606) governing claims related to climate change damages.
  • The act imposes a high evidentiary standard (clear and convincing) and a quantitative damages threshold (emissions must be shown to cause more than 50% of damages).
  • Requires comprehensive procedural steps in petitions (specificity, joinder of defendants, expert testimony).
  • For state or governmental actions, introduces additional pre-approval requirements from multiple high-level officials and committees prior to pursuing any such action.

Notes

  • The bill emphasizes preemption or limiting of liability under both state and federal law, with the explicit aim of shielding energy producers from certain climate-related claims.
  • It creates a distinction between damages from Louisiana-emitted versus non-Louisiana-emitted greenhouse gases, effectively prohibiting claims based on non-Louisiana emissions.

If you’d like, I can provide a side-by-side comparison with current Louisiana liability rules or a plain-language explainer of how the evidentiary standards would operate in practice.

Compiled from official sources — confirm details with the bill’s official record.

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