Brooklyn lawmaker proposes bill enabling New Yorkers to sue fossil fuel companies for pollution

ALBANY — A Brooklyn lawmaker is looking to Texas as he wants to make it easier for New Yorkers to sue oil and gas companies and hold them accountable for the impacts of pollution.

State Sen. Zellnor Myrie (D-Brooklyn) proposed legislation this week modeled after the Lone Star State’s controversial abortion law that would allow everyday New Yorkers to file civil suits against fossil fuel companies and define “climate negligence” as an act of knowingly or recklessly endangering the health or safety of the public.

“The effects of climate change in New York— especially in communities like mine — are undeniable,” Myrie said. “We are quickly running out of time to reverse this climate emergency, and my legislation gives ordinary New Yorkers a chance to hold bad actors in the fossil fuel industry accountable for decades of negligence and denial.”

The bill is based on a 2021 Texas law allowing private citizens to bring civil suits against anyone who assists someone seeking an abortion after six weeks of pregnancy.

The law was upheld by the U.S. Supreme Court.

Myrie’s legislation would define “climate negligence” as any act by the fossil fuel industry that knowingly or recklessly endangers the health or safety of the public. Any New Yorker who feels they have been harmed by such negligence would therefore be able to sue for civil damages in state courts.

The bill also prohibits deceptive and false advertising by oil and gas companies, which Myrie argues is a common practice that can hide environmental hazards caused by products and processes.

Similar to the Texas law, the measure specifically prohibits government enforcement and instead relies on private citizens making claims for damages.

“Make no mistake — Texas’ odious abortion law is wrong-headed and dangerous,” Myrie said. “But if legislators can use private rights of action to cause harm and restrict access to health care, we should also be able to use this concept to save our planet and protect our lives.”