,,ii #aaith ,,congress #b;d ,session ,s4 #dcdj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #af 7legislative day1 ,april #ad71 #bjbf,mr4 ,cruz 7for himself1 ,mr4 ,budd1 ,mr4 ,cotton1 and ,mr4 ,lee7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to prohibit liability against those engaged in the mining1 extraction1 production1 refinement1 transportation1 distribution1 marketing1 manufacture1 or sale of energy for damages or injunctive or other relief from the use of their products1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,stop ,climate ,shakedowns ,act of #bjbf4 #b4 ,congressional declaration2 purposes2 findings 7a7 ,congressional declaration ,congress declares that the general welfare and the common defense and security require effective action-- 7#a7 to develop1 and increase the efficiency of1 all energy sources to meet the needs of present and future generations2 7#b7 to increase the productivity of the economy of the ,united ,states and strengthen the position of the ,united ,states in regard to international trade2 7#c7 to make the ,united ,states self-sufficient in energy2 and 7#d7 to promote and preserve affordable energy for families and businesses in the ,united ,states4 7b7 ,purposes ,the purposes of this ,act are-- 7#a7 to provide for the regulation of interstate commerce2 and 7#b7 to promote the production and use of affordable1 abundant1 and reliable energy resources4 7c7 ,findings ,congress finds that-- 7#a7 affordable1 abundant1 and reliable energy resources are a necessary component of the general welfare of the ,united ,states2 7#b7 the production and use of abundant energy resources promotes-- 7,a7 the national security of the ,united ,states2 and 7,b7 the health1 safety1 and welfare of the citizens of the ,united ,states2 7#c7 the regulation of interstate1 international1 and transboundary emissions in the ambient air is within the exclusive jurisdiction of ,federal law2 7#d7 the efforts of ,states to impose liability on persons engaged in the energy business for interstate and global emissions1 whether through ,state tort law1 consumer protection claims1 the passage and enforcement of so-called climate superfund laws1 or other civil actions1 invade the exclusive jurisdiction of the ,federal ,government2 7#e7 the efforts to attribute local weather patterns and the local harms that result from meteorological events1 such as floods1 droughts1 hurricanes1 wildfires1 or heat waves1 to persons engaged in the energy business lack scientific credibility and are1 therefore1 arbitrary2 7#f7 the efforts of ,states and municipalities to impose retroactive liability on persons engaged in the energy business for otherwise lawful conduct offends elementary considerations of fairness and the ,constitution of the ,united ,states2 7#g7 the efforts described in paragraphs 7#d71 7#e71 and 7#f7-- 7,a7 are a strain on the judiciary2 7,b7 erode public confidence in the administration of justice2 7,c7 threaten to destabilize entire industries that are lawfully engaging in commerce in the ,united ,states2 and 7,d7 burden the interstate1 ,tribal1 and foreign commerce of the ,united ,states2 7#h7 the efforts described in paragraphs 7#d71 7#e71 and 7#f7 undermine the national security of the ,united ,states1 as affordable1 abundant1 and reliable energy is critical for the readiness of the ,armed ,forces of the ,united ,states and the ability to deploy those ,armed ,forces to deter and counter the adversaries of the ,united ,states2 7#i7 the efforts described in paragraphs 7#d71 7#e71 and 7#f7 offend the equal sovereign dignity that each of the ,states enjoys1 invading the autonomy of the other ,states within their respective spheres2 7#aj7 the ,commerce ,clause of section #h of article ,i of the ,constitution of the ,united ,states authorizes ,congress to regulate all commerce among the several ,states1 with foreign nations1 and with ,indian ,tribes2 and 7#aa7 to discharge the constitutional duties of ,congress1 the ,commerce ,clause of section #h of article ,i of the ,constitution of the ,united ,states empowers ,congress to craft legislation under such terms and conditions as are necessary and proper4 #c4 ,definitions ,in this ,act3 7#a7 ,climate suit ,the term climate suit means any suit in law or equity that is brought against any person engaged in the energy business that seeks damages1 including punitive damages1 injunctive or declaratory relief1 or abatement1 restitution1 or any form of equitable or other relief for alleged past or future harm resulting directly or indirectly from climate change1 including because of marketing1 alleged misrepresentation1 alleged failure to warn1 or any other speech4 7#b7 ,energy ,the term energy means crude oil1 natural gas1 lease condensates1 natural gas liquids1 refined petroleum products1 or coal4 7#c7 ,energy penalty law ,the term energy penalty law means any ,state law1 regulation1 or ordinance that purports to require compensatory payments from1 or otherwise expose to liability1 any person engaged in the energy business that the law1 regulation1 or ordinance deems1 either directly or through an administrative process1 responsible for alleged costs or harms resulting directly or indirectly from climate change1 including because of marketing1 alleged misrepresentation1 alleged failure to warn1 or any other speech4 7#d7 ,greenhouse gas ,the term greenhouse gas means a gas released into the atmosphere that traps heat1 including carbon dioxide1 methane1 and nitrous oxide4 7#e7 ,person ,the term person means any individual1 corporation1 company1 association1 firm1 partnership1 society1 joint stock company1 trade association1 or other entity1 including any governmental entity1 such as a ,state4 7#f7 ,person engaged in the energy business ,the term person engaged in the energy business means a person that devotes time1 attention1 or labor to the mining1 extraction1 production1 refinement1 transportation1 distribution1 manufacture1 or sale of energy as a regular course of business in or affecting interstate commerce4 7#g7 ,qualified liability action ,the term qualified liability action means a climate suit or any action or proceeding to implement or enforce an energy penalty law that is brought by any person against a person engaged in the energy business4 7#h7 ,state ,the term ,state includes-- 7,a7 each of the several ,states1 the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 the ,united ,states ,virgin ,islands1 ,guam1 ,american ,samoa1 and the ,commonwealth of the ,northern ,mariana ,islands2 7,b7 any other territory or possession of the ,united ,states2 7,c7 any political subdivision or instrumentality of an entity described in subparagraph 7,a7 or 7,b72 and 7,d7 any ,state official acting in their official capacity4 7#i7 ,trade association ,the term trade association means any corporation1 unincorporated association1 federation1 business league1 or professional or business organization-- 7,a7 that is not organized or operated for profit2 7,b7 that is an organization described in subsection 7c77#f7 of section #eja of the ,internal ,revenue ,code of #aihf and exempt from taxation under subsection 7a7 of that section2 and 7,c7 #b or more members of which are people engaged in the energy business4 #d4 ,prohibition on energy penalty laws and the bringing of qualified liability actions in ,federal or ,state court 7a7 ,in general ,a qualified liability action may not be filed or maintained in any ,federal or ,state court4 7b7 ,dismissal of pending actions ,any qualified liability action that is pending on the date of enactment of this ,act shall be immediately dismissed by the court in which the qualified liability action is brought or is currently pending4 7c7 ,effect on ,state laws ,each energy penalty law is void and of no effect4 7d7 ,federal preemption 7#a7 ,in general ,the regulation of greenhouse gas emissions and climate change is and continues to be governed exclusively by ,federal law and regulated by ,federal agencies with authority delegated to those ,federal agencies by ,congress4 7#b7 ,no private right of action ,no private right of action or claim shall be maintained1 implied1 or inferred under any ,state law with respect to climate change-related harms from greenhouse gas emissions4 #e4 ,severability ,if any provision of this ,act or the application of such provision to any person or circumstance is held to be unconstitutional1 the remainder of this ,act and the application of the provision to any other person or circumstance shall not be affected4