(Iowa Capital Dispatch) The Iowa Senate sent legislation to the governor Tuesday restricting lawsuits against agricultural operations that claim their emissions of greenhouse gases impact the climate.
House File 2527, approved in the Senate 33-13, would limit the ability for individuals to sue farmers and ranchers for greenhouse gas emissions that have an “alleged actual or potential” effect on the climate.
The measure limits the liability of agricultural producers in civil and criminal actions brought on the basis of the impacts of greenhouse gas emissions on the climate. It places the “burden of proof” on people bringing these lawsuits that the entity has violated existing laws and restrictions on emissions or their permit requirements through emissions — as well as proof that their violation caused damage or injury.
During House debate on the bill in February, Rep. Derek Wulf, R-Hudson, said the measure was needed to protect farmers who could face lawsuits over climate change due to “Green New Deal policies.”
Sen. Art Staed, D-Cedar Rapids, said Tuesday the bill was part of an “alarming trend” of bills attempting to “shield corporate polluters.” He said the bill would make it “extraordinarily difficult” to hold polluters accountable, which he said was concerning because many of the sources of greenhouse gas emissions are also emitting other air pollution and toxic chemicals that impact Iowans’ health.
Staed said the language in the Iowa bill saying lawsuits can move forward based on permit violations or other legal infractions is “simply a red herring.” He noted the to rescind the Greenhouse Gas Endangerment Finding, a 2009 requirement for regulating emissions from new vehicles and motor engines. He said permits are “a floor, not a guarantee of safety, and when you remove legal accountability beyond those, permits remove a critical layer of protection for the public.”
“This bill will only contribute to the ongoing race to the bottom, as far as climate protections are concerned,” Staed said. “The real threat to Iowa’s agriculture is not lawsuits, it’s climate change, with dangerous droughts, record-shattering heat waves and torrential rains destroying crops across America’s heartland. This bill takes us in the opposite direction of where we should be headed.”
Sen. Tom Shipley, R-Nodaway, the bill’s floor manager in the Senate, said the bill still requires agriculture producers abide by permits and other regulations, but just ensures that lawsuits are based in specific claims.
“Many of these places operate with air emissions permits, and as long as they’re within the bounds of their permit, they are good to operate,” Shipley said. “The issue becomes, if someone accuses them of going beyond it, the onus is on them to prove it.”
The bill goes to Gov. Kim Reynolds for final approval.
