Linda S. Mullenix (University of Texas School of Law) has posted Grand Bargains: A Principled Approach to Industrywide Legislative Liability Immunity (2 University of Pennsylvania Journal of Law and Public Affairs, forthcoming 2027) on SSRN. Here is the abstract:
In April 2026 Republican Senator Ted Cruz of Texas and Representative Harriet Hageman of Wyoming introduced legislation entitled the “Stop Climate Shakedowns Act of 2026” to provide the energy industry with sweeping immunity for liability for their role in contributing to the climate crisis and other environmental harms. The legislation would prevent future lawsuits, preempt access to justice for almost all claims relating to climate change, and immediately dismiss any ongoing litigation. The legislation is specifically modeled on the Protection of Lawful Commerce in Arms Act (PLCAA) which effectively has immunized the entire gun industry from liability for firearms harms since 2005. The proposed Shakedowns Act’s statement of findings and purposes mirrors those same provisions in PLCAA, embracing an unprincipled approach to industrywide immunity from its harmful consequences. This article examines historical examples of industrywide immunity laws and suggests a topography of legitimate and illegitimate approaches to shielding entire industries from liability for causing individual or community harm. The article concludes that in comparison to other shield laws, PLCAA, Section 230 of the Communications Act, and the proposed Shakedowns Act represent unprincipled approaches to immunizing entire industries from civil litigation. As such, Congress should repeal PLCAA, modify the Section 230 social media immunity, and repudiate the proposed Shakedowns Act lest these statutes provide a template for future efforts to shield entire other industries from accountability for injurious conduct, without providing countervailing societal benefits. Congress might rethink firearms, social media, and energy industry immunity to implement a more balanced approach that safeguards business interests while acknowledging and remediating community harms.
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