Stop Climate Shakedowns Act of 2026

Forces to deter and counter the adversaries of the United States; (9) the efforts described in paragraphs (4), (5), and (6) offend the equal sovereign dignity that each of the States enjoys, invading the autonomy of the other States within their respective spheres; (10) the Commerce Clause of section 8 of article I of the Constitution of the United States authorizes Congress to regulate all commerce among the several States, with foreign nations, and with Indian Tribes; and (11) to discharge the constitutional duties of Congress, the Commerce Clause of section 8 of article I of the Constitution of the United States empowers Congress to craft legislation under such terms and conditions as are necessary and proper. SEC. 3. DEFINITIONS. In this Act: (1) 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 damages, including punitive damages, injunctive or declaratory relief, or abatement, restitution, or any form of equitable or other relief for alleged past or future harm resulting directly or indirectly from climate change, including because of marketing, alleged misrepresentation, alleged failure to warn, or any other speech. (2) Energy.--The term ``energy'' means crude oil, natural gas, lease condensates, natural gas liquids, refined petroleum products, or coal. (3) Energy penalty law.--The term ``energy penalty law'' means any State law, regulation, or ordinance that purports to require compensatory payments from, or otherwise expose to liability, any person engaged in the energy business that the law, regulation, or ordinance deems, either directly or through an administrative process, responsible for alleged costs or harms resulting directly or indirectly from climate change, including because of marketing, alleged misrepresentation, alleged failure to warn, or any other speech. (4) Greenhouse gas.--The term ``greenhouse gas'' means a gas released into the atmosphere that traps heat, including carbon dioxide, methane, and nitrous oxide. (5) Person.--The term ``person'' means any individual, corporation, company, association, firm, partnership, society, joint stock company, trade association, or other entity, including any governmental entity, such as a State. (6) Person engaged in the energy business.--The term ``person engaged in the energy business'' means a person that devotes time, attention, or labor to the mining, extraction, production, refinement, transportation, distribution, manufacture, or sale of energy as a regular course of business in or affecting interstate commerce. (7) 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 business. (8) State.--The term ``State'' includes-- (A) each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands; (B) any other territory or possession of the United States; (C) any political subdivision or instrumentality of an entity described in subparagraph (A) or (B); and (D) any State official acting in their official capacity. (9) Trade association.--The term ``trade association'' means any corporation, unincorporated association, federation, business league, or professional or business organization-- (A) that is not organized or operated for profit; (B) that is an organization described in subsection (c)(6) of section 501 of the Internal Revenue Code of 1986 and exempt from taxation under subsection (a) of that section; and (C) 2 or more members of which are people engaged in the energy business. SEC. 4. PROHIBITION ON ENERGY PENALTY LAWS AND THE BRINGING OF QUALIFIED LIABILITY ACTIONS IN FEDERAL OR STATE COURT. (a) In General.--A qualified liability action may not be filed or maintained in any Federal or State court. (b) 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 pending. (c) Effect on State Laws.--Each energy penalty law is void and of no effect. (d) Federal Preemption.-- (1) 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 Congress. (2) No private right of action.--No private right of action or claim shall be maintained, implied, or inferred under any State law with respect to climate change-related harms from greenhouse gas emissions. SEC. 5. SEVERABILITY. If any provision of this Act or the application of such provision to any person or circumstance is held to be unconstitutional, the remainder of this Act and the application of the provision to any other person or circumstance shall not be affected. <all>