Vt. faces lawsuit over law requiring fossil fuel companies to pay for climate change damage
January 2, 2025
MONTPELIER, Vt. (WCAX) – The oil industry is among groups challenging a new Vermont law that seeks to hold them accountable for their role in climate change.
The lawsuit filed Monday in Vermont federal court marks the first of an expected wave of litigation against states with similar climate Superfund laws, according to Bloomberg.
The bill to establish a Climate Superfund Cost Recovery Program passed the Legislature in May. Republican Gov. Phil Scott, who opposed the measure, allowed it to become law without his signature. Under the law, the Vermont state treasurer, in consultation with the Agency of Natural Resources, would provide a report by Jan. 15, 2026, on the total cost to Vermonters and the state from the emission of greenhouse gases from Jan. 1, 1995, to Dec. 31, 2024.
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Supporters say the measure addresses the problems created by washed-out roads, downed electrical wires, damaged crops, and repeated flooding that has been linked to climate change and that the industry that created the problem should contribute to fixing it.
The plaintiffs in the lawsuit, including the U.S. Chamber of Commerce and the American Petroleum Institute, argue that the law is preempted by the federal Clean Air Act and that it would only harm other states. “Although Vermont would reap the benefits of millions of dollars to fund its preferred climate change adaptation projects, citizens of other States would receive no benefits, only costs,” according to the lawsuit.
New York Gov. Kathy Hochul signed a similar bill into law on Dec. 26.
Officials with the Vermont Attorney General’s Office on Thursday said they had not yet been served with the complaint and had no immediate comment.
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