The legal landscape surrounding emerging climate superfund laws in Vermont and New York is shifting dramatically as federal lawsuits from the Biden administration and challenges from other states threaten their implementation.
Legal Storm Brews Over Climate Superfund Laws in U.S. States
Legal Storm Brews Over Climate Superfund Laws in U.S. States
Vermont and New York's pioneering climate superfund laws face significant legal challenges from the federal government and multiple states.
Vermont made headlines last year by enacting the nation's first climate superfund law, aimed at recovering costs from fossil fuel companies to combat climate change. However, this landmark decision is now under threat from escalating legal battles.
On Thursday, the Justice Department initiated federal lawsuits against both Vermont and New York, the latter of which has also adopted a similar climate superfund measure. The lawsuits claim the laws represent a "brazen attempt to grab power from the federal government" and compel other entities to cover state infrastructure expenses.
In swift response, West Virginia's Attorney General, John B. McCuskey, announced his leadership in another lawsuit aimed at Vermont’s law. He has also filed a comparable suit against New York, which aims to claim $75 billion from fossil fuel companies over the next 25 years. McCuskey expressed concern that Vermont's law lacks a spending cap, arguing it could "fine America’s coal, oil and natural gas suppliers into oblivion."
Joining forces with 23 other attorneys general, McCuskey is looking to align with a lawsuit from the U.S. Chamber of Commerce and the American Petroleum Institute, both of which argue that fossil fuel operations are legally protected and that Vermont is attempting to benefit from their products while penalizing the providers.
As these legal challenges unfold, the future of climate superfund laws, a potentially transformative approach to addressing climate costs, hangs in the balance.
