78B-4-515. Limitation on liability for greenhouse gases.

247 words·~1 min read·/ut/title-78b/chapter-4/78b-4-515

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/6/2026

(1)As used in this section, "greenhouse gas" means any of the following, whether derived from human activity or a natural source:

(a)carbon dioxide;

(b)methane;

(c)nitrous oxide;

(d)sulfur hexafluoride;

(e)hydrofluorocarbons;

(f)perfluorocarbons; or

(g)nitrogen trifluoride.

(a)A person is not civilly or criminally liable, and may not be subject to any judicial remedy under any principle of law or equity, for damage or injury from any actual or potential effect on climate caused wholly or partly by greenhouse gas emissions, unless a court finds by clear and convincing evidence that the person has:

(i)violated an enforceable statutory limitation or restriction against emissions of a specific greenhouse gas originating within this state; or

(ii)violated the express terms of a valid, enforceable operating, air, or other permit issued by a state or federal regulatory agency that has jurisdiction over the person's greenhouse gas emissions.

(b)Subsection (2)(a) applies regardless of the cause of action or type of relief sought, whether legal or equitable.

(3)The person bringing the action shall:

(a)specify each greenhouse gas emitted by the defendant which is asserted to give rise to the cause of action; and

(b)show by clear and convincing evidence that unavoidable and identifiable damage or injury has resulted or will result as a direct cause of the defendant's violation of statutory and permitting limits.

Amended by Chapter 304 , 2026 General Session