Op-Ed by Victoria Higgins, CCAN Action Fund’s Virginia Director, initially published in the Virginian Pilot.

They say everything is bigger in Texas. Does that include double standards?

U.S. Sen. Ted Cruz wants to take away a right that Texas has used for decades: the ability of states to hold corporations accountable when they cause harm. His proposal would strip Virginia — and every other state — of that authority when it comes to oil and gas companies.

That’s a dangerous move for Virginia.

Every state has laws that allow individuals and governments to take corporations to court or pass legislation when those corporations cause damage. These tools aren’t theoretical — they’ve been used time and again.

Take tobacco. Companies knew the risks, misled the public, and left taxpayers footing billions in healthcare costs. States responded by suing — and winning. Texas wasn’t just involved; it was a major player and continues to collect settlement funds today.

The same approach has been used in cases involving opioids, data privacy and even toxic “forever chemicals.” The principle is simple: States have the right to act in the best interest of their residents. And here in Virginia, the legislature has contemplated a policy to require Big Oil companies responsible for worsening extreme weather to contribute to disaster relief.

Recent years have underscored why that authority matters.

In Hampton Roads, one of the most climate-vulnerable regions in the country, rising sea levels and more intense storms are already reshaping daily life. Roads flood during high tides, neighborhoods face recurrent inundation, and critical infrastructure is increasingly at risk. Scientists have warned that the region is experiencing some of the fastest relative sea-level rise in the United States, leaving homes, military installations and transportation networks exposed to regular disruption.

Residents of the region are sadly familiar with picking up after storms, nor’easters and tornadoes, a recovery process that often takes years and hits those least able to bear the financial burden the hardest. Climate impacts are no longer hypothetical. They are already being paid for by Virginia families. As extreme weather grows more frequent and severe, preserving the state’s ability to seek accountability is essential.

Cruz’s proposal would carve out a special exemption from liability for oil and gas companies, and even their trade associations — the umbrella companies that deploy corporate lobbyists to shape public policy to pad CEOs’ pockets. Under this framework, Virginia would be blocked from utilizing a well-established tool to hold corporations accountable on behalf of the health and wellness of its residents.

This proposal is so boldly corrupt it’s almost not worth asking the obvious question: Why should one industry be above the law?

If you’ve ever wondered how corporations avoid accountability — whether it’s pollution, financial bailouts or manipulative marketing campaigns — the answer often comes down to policy decisions such as this one. These are quiet changes, written in Washington, that shift costs away from corporations and onto the public.

And those costs add up.

In Virginia, rising sea levels, stronger storms and more frequent flooding are already driving billions in infrastructure and recovery expenses. Those aren’t abstract numbers — they show up as higher taxes, insurance premiums and utility bills. Someone pays. The only question is who.

So let’s be clear about the tradeoff. If states lose the ability to seek accountability from oil and gas companies, those costs don’t disappear—they land on households across Virginia, too many of whom are already living paycheck to paycheck.

No industry should be above the law. Changing the rules to protect the powerful is a classic Cruz move, and one Virginia’s elected representatives must reject.

Op-Ed by Victoria Higgins, CCAN Action Fund’s Virginia Director, initially published in the Virginian Pilot.