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SB 1790

EXTREME WEATHER RECOVERY ACT

104th Regular Session Introduced by Laura Ellman

Creates a private right to sue for climate-related damages dating back to 1965, with a $10,000+ threshold and potential full damages, while banning state/local government suits.

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Bill Summary · SB 1790

SB 1790 — Extreme Weather Recovery Act (summary)

Overview / Purpose

SB 1790, the "Extreme Weather Recovery Act," would create a new private civil cause of action in Illinois for persons and entities harmed by climate disasters, extreme weather attributable to climate change, or harms from long‑term changes to the climate system. The stated purpose is to provide a judicial forum to recover damages tied to those harms and to hold “responsible parties” accountable for harms allegedly caused by their “qualified products and actions.”

Key provisions

  • Creates a private right of action for a harmed party where the amount in controversy is $10,000 or more.
  • Applies to harms allegedly caused by climate disasters or extreme weather attributable to climate change (and long‑term climate system changes) during the covered period from 1965 through the Act’s effective date.
  • Establishes a 3‑year statute of limitations in which a harmed party must file or commence an action under the Act.
  • Explicitly prohibits the State of Illinois, units of local government, or their agents/employees from commencing actions under the Act.
  • Authorizes the Illinois Emergency Management Agency (IEMA) to adopt rules to implement the Act.
  • Includes legislative findings describing observed and projected climate impacts in Illinois (temperature and precipitation changes, threats to infrastructure, public health, agriculture, emergency responders, and public costs).
  • Directs courts may provide relief to recover the value of lost/damaged/destroyed property and “the full extent” of compensatory, non‑economic, and punitive damages allowed under Illinois law and constitution (as noted in the legislative findings).
  • Contains definitions and other operative provisions (full statutory definitions are included in the bill text).

Scope and timing

  • Retroactive coverage: alleged harms occurring from 1965 up to the Act’s effective date.
  • The bill states it would be effective immediately upon enactment.

Who would be affected

  • Potential plaintiffs: private individuals, businesses, and other non‑governmental harmed parties meeting the $10,000 threshold.
  • Potential defendants: entities characterized in the bill as “responsible parties” connected to “qualified products and actions” (the bill text provides definitions for those terms).
  • Excluded plaintiffs: state and local governments and their agents/employees are barred from suing under this law.
  • Government role: IEMA may promulgate implementing rules.

Procedural status (selected milestones from record)

  • Introduced by Sen. Laura Ellman in early 2025.
  • Referred to committees, received committee hearings and reports.
  • Passed the Senate (third reading recorded 05/14/2025).
  • Subsequent House committee activity is recorded; legislative records indicate the measure ultimately did not advance to final enactment (entries include “Died in Judiciary” as of 06/16/2025).

Potential implications / considerations

  • The bill creates a long retroactive liability window (back to 1965), which may raise significant legal and evidentiary issues.
  • Enabling private suits with broad damages language (including punitive damages) could expose manufacturers, fossil fuel companies, or other defined “responsible parties” to large aggregate liability.
  • Prohibiting state and local governments from suing differs from some other climate‑liability frameworks and focuses recovery on private claimants.
  • Rulemaking authority delegated to IEMA may shape implementation details (definitions, procedures, notice, etc.).

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

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