Texas public nuisance bill seeks to stop regulation through litigation
AUSTIN - Climate change litigation and other public nuisance claims that result in policymaking from the bench won’t be found in Texas courts if Senate Bill 779 is enacted.
Sponsored by Sen. Mayes Middleton, SB 779 relates to common law public nuisance claims and would prevent public nuisance actions over lawful activities, activities already regulated by the government for public safety, and products or the marketing of products.
For the past decade or so, governmental entities from across the nation have been enlisting contingent-fee plaintiff lawyers to file “public nuisance” lawsuits, such as climate change claims against oil giants such as ExxonMobil.
Texans for Lawsuit Reform has been following SB 779 as the legislative session unfolds.
Earlier this year, TLR released a report stating that public nuisance claims, in addition to climate change litigation, have also been used to sue soft drink manufacturers for litter because consumers do not always dispose of plastic bottles properly, and car manufacturers because it is allegedly too easy to steal their cars.
“If the theory that a lawful activity can be declared a nuisance to the public, literally any activity that bothers a group of people can be the subject of a lawsuit for damages. It’s quite preposterous,” the report states.
“Regulation through litigation is unconstitutional. In Texas, the Legislature has the constitutional authority to make policy for the state. This end-around of the legislative process puts policymaking into the hands of judges and juries who are neither equipped nor authorized to do so.”
Not everyone is in favor of the bill, however.
Back in March, Public Citizen, a group opposing the bill, submitted their testimony to the Senate Committee on State Affairs, asserting that SB 779 attempts to override common law.
“In conclusion, we ask you not to pass SB 779 out of this committee,” the testimony states. “It eliminates an established right of the public in addressing concerns from polluting facilities. And it goes too far in indemnifying companies that manufacture defective products.”
SB 779 is reported as engrossed and is currently in the House.
