Iowa law limits climate harm cases tied to greenhouse gas emissions

The law limits when defendants can be held liable or face court-ordered remedies for climate-related harm linked to greenhouse gas emissions. It covers civil and criminal cases seeking legal or equitable relief for damage or injury allegedly caused wholly or partly by greenhouse gas emissions. A court does not apply this limit if it finds by clear and convincing evidence that the defendant violated an enforceable state limit on a specific greenhouse gas from within Iowa or an express term of a valid, enforceable permit governing the defendant’s emissions. A person bringing a case must identify each greenhouse gas the defendant allegedly emitted and show by clear and convincing evidence that unavoidable, identifiable harm resulted or will result directly from the defendant’s violation of an enforceable limit or permit term. The enrolled text does not state when these provisions take effect.

The law says it does not create a right to bring a case or obtain a court remedy based on the potential climate effects of greenhouse gas emissions. This applies to civil or criminal cases based on potential climate effects from greenhouse gas emissions.