ALEC Weighs Blanket Immunity for Big Oil in Model Legislation

The proposal, scheduled for a vote today during ALEC’s annual meeting in Orlando, functions as a legal firewall. If adopted, it establishes an affirmative right to produce and sell fossil fuels while setting potential climate liability at zero dollars. The measure mandates the dismissal of pending cases, blocks future climate-superfund litigation, and imposes punitive legal fees on plaintiffs who lose in court. Notably, the policy would apply retroactively, stripping local governments and states like California and Minnesota of their ongoing efforts to recover climate-related damages.

Critics argue the legislation serves as a liability escape hatch for industry giants. ALEC has maintained deep financial and governance ties to corporations frequently named as defendants in climate deception suits, including Chevron, ExxonMobil, BP, and Shell. Koch Industries continues to hold a seat on the group's Private Enterprise Advisory Council, and the organization has received over $1 million in support from Koch-affiliated foundations. Jamie Court, president of Consumer Watchdog, described the initiative as a political maneuver rather than public policy, noting that the text mirrors federal efforts like the Stop Climate Shakedowns Act of 2026 introduced by Senator Ted Cruz and Representative Harriet Hageman. By formalizing this as model legislation, ALEC aims to provide state lawmakers with a ready-made template to insulate oil interests from judicial scrutiny nationwide.