“But if legislators can use private rights of action to cause harm and restrict access to healthcare, we should also be able to use this concept to save our planet and protect our lives. My message to the fossil fuel industry is simple: you will be held accountable for the damage you cause to New York’s environment. I look forward to advancing this critical legislation.”
The bill itself amends the state’s General Business Law to include a definition of climate negligence as well as a suite of terms, including “fossil fuel industry member,” “knowingly,” “recklessly,” and “deceptive acts or practices” as well as “false advertising.” The definition of “climate negligence” goes hand in hand with “fossil fuel industry member”—defined as truly any one entity or person with revenues in excess of $1 billion whose business includes everything from marketing to exporting fossil fuels.
The definition is relatively broad, allowing frontline communities burdened by the industry to file lawsuits against those entities and individuals endangering their health and safety as well as contributing to climate change. It also allows for lawsuits against false advertising and deceptive practices that similarly harm communities and individuals in New York State. The bill is currently in committee and is awaiting sponsorship from an Assembly member.
