Some MAGA states are passing laws that ban lawsuits against major polluters. As usual for MAGA politics, the reasoning is based completely on lies and crackpottery. For example, in Louisiana the MAGA legislature passed a bill and LA’s MAGA governor signed it. The new law, the “Louisiana Energy Protection Act”, closes state courts to future nearly all climate‑related damages suits against oil and gas companies. The statute bars civil lawsuits in Louisiana state courts seeking personal injury, property loss, or economic damages linked to greenhouse gas emissions and global warming. As is usual for irrational MAGA policy, the law protects lawsuits for environmental permit violations, emission caps violations, and pending coastal‑erosion lawsuits brought by parishes that are slowly becoming uninhabitable due to sea level rise. MAGA politicians considers lawsuits for those damages to not be “frivolous”.
Pro-pollution laws like this ban lawsuits for whole or in part outside a state that caused global warming with impacts that result in injury, death, property damage, or economic loss. In LA, the new law blocks claims for damages based on Louisiana emissions.
Top recover damages, the LA law requires the injured party to prove in court that in‑state pollution caused damages by clear and convincing evidence. For pollution damage lawsuits, that is a very hard standard to meet, usually impossible. That insurmountable evidence burden requires plaintiffs to (1) prove a violation of an enforceable state or federal emissions limit or permit, (2) prove the defendant’s emissions caused more than 50% of the alleged damages, (3) identify the specific greenhouse gas causing the harm, and (4) prove the plaintiff did not directly or indirectly contribute to any emissions that caused the damage. On essence, MAGA pro-pollution corruption has banned civil lawsuits.
Think about item #4, plaintiff didn’t contribute to any damaging emissions. Isn’t that impossible to prove? People claiming pollution damages do things like (a) breathing air and exhaling CO2 (CO2 is a major greenhouse gas that causes damages, (b) driving a gas powered car that emits CO2, or (3) getting on a airplane that emits CO2 when it flies. Presumably, the law does not extend to that absurd level. MAGA politicians and judges are free to treat the #4 evidence requirement as a feature, not a bug. They can just read the evidence requirement aggressively to choke off climate damages suits while not pushing the #4 evidence requirement into total absurdity. That is the beauty, or horror, of ambiguity in laws.
In other words, the LA law means whatever MAGA elites, including contributors to MAGA politicians, say it means. What does that translate into in practice? Obviously, it means that plaintiffs in LA suing for global warming damages will never be able to win in court because the court is free to say the plaintiff hasn’t met the required evidence standards.
And do not look to the MAGA federal government to step in and protect damaged people. Trump and his MAGA elites in power have completely gutted and neutered all federal environmental laws and protections. There is no protection for the public interest left in our corrupted federal government.

