Expert sounds alarm over proposed bill that targets 'ultimate foundation' of US: 'A threat to democracy'

Legal experts have called attention to a pair of proposed bills in Utah and Oklahoma that they say would make it harder to hold polluting companies accountable. 

What's happening?

The Guardian spoke to several legal experts about newly introduced legislation in Utah and Oklahoma that would essentially serve as a "liability shield" for fossil fuel companies. 

In Utah, House Bill 222 would allow lawsuits against oil and gas companies for climate-warming pollution only if they violated a statute or permit. A similar bill in Oklahoma, Senate Bill 1439, would ban lawsuits related to the industry's effects on the climate unless plaintiffs claim the defendants ran afoul of specific environmental or labor laws.  

"I think anyone in America who breathes the air around them and also believes in corporate accountability ought to be very concerned," said Jay Inslee, a former trial attorney who served as the governor of Washington state for three terms from 2013 to 2025.

Why is this important?

The economies of Utah and Oklahoma rake in billions of dollars from oil and gas, according to the American Petroleum Institute. As such, the industry "wields significant political influence" in the Republican-led states, as The Guardian noted. 

However, even if the industry is historically lucrative, it is directly associated with rampant air pollution and an increased risk of extreme weather events like wildfires — among other troubling effects it allegedly became aware of in the 1950s before pivoting to denial for profit. 

Because of this, the clean energy sector is gaining momentum as an economic engine and job creator. This fall, the U.S. Department of Energy also announced a $134 million investment in fusion, sparking optimism that the country won't be left behind in a race to develop an always-on power source that doesn't produce troublesome pollution or long-lasting radioactive waste. 

However, these developments also come at a time when the Trump Administration is scrapping other renewable projects and working to stop dozens of lawsuits from local governments seeking compensation for the effects of a warming climate, as Politico detailed.   

Inslee told The Guardian that he viewed these new state bills as "a threat to democracy," as they'd allow the fossil fuel industry to act with impunity at a time when many Americans are calling for polluting companies to bear the costs of their actions rather than passing them on to the public. 

"The ultimate foundation of democracy is the American jury system," Inslee said. "These efforts are attempting to deny Americans the right to that key democratic institution."

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What's being done about this?

Both proposals still have to make their way through the legislative process.

If they receive approval, Pat Parenteau, senior fellow for climate policy at Vermont's Environmental Law Center, said to The Guardian that he expects challenges in court. "This kind of blanket waiver of liability could raise serious state constitutional issues," he said.  

You can make your thoughts known on the matter by contacting your local representatives.

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