Sec. 5. Availability of remedies
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Nothing in this Act or the amendments made by this Act shall be construed to relieve any person from liability at common law or under any State or Federal law. Nothing in this Act or the amendments made by this Act, the Clean Air Act ( 42 U.S.C. 7401 et seq. ), or Federal common law preempts, displaces, or restricts any right or remedy of any person, State, unit of local government, or Tribal government under any State or local law (including common law) relating to an allegation of— deception concerning the effects of fossil fuel on climate change; damage or injury resulting from the role of fossil fuel in contributing to climate change; or the failure to avoid damage or injury related to climate change, including claims for nuisance, trespass, design defect, negligence, failure to warn, or deceptive or unfair practices and claims for injunctive, declaratory, monetary, or other relief.
Nothing in this Act or the amendments made by this Act shall— require the repayment of any funds made available from the Polluter Pays Climate Change Fund established under section 9512 of the Internal Revenue Code of 1986 and used pursuant to section 4(b) as a result of any award of damages imposed by a court of law relating to any causes of action or allegations described in subsection (b); or permit the use of any such funds— as evidence in such an action or allegation; or to offset any award of damages in such an action or allegation.
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Sec. 5
Availability of remedies
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