A small tractor works to remove water from a business as floodwaters inundate a street in Barre, Vermont, on July 12, 2023. (Photo by Charles Krupa/AP)
The U.S. Chamber of Commerce, along with the American Petroleum Institute (API), has filed a federal lawsuit against Vermont. They are challenging the state’s groundbreaking law that requires fossil fuel companies to contribute financially to the damage caused by climate change over the past several decades. Oil Firms Sue Vermont
Legal Battle Over Vermont’s Groundbreaking Law
The lawsuit, filed Monday, seeks to block Vermont from enforcing its new law passed in 2024. This law makes Vermont the first state to hold fossil fuel companies accountable for climate-related damages. It follows devastating summer floods and other extreme weather events linked to climate change. Vermont is currently assessing the cost of climate change impacts starting from January 1, 1995.
The plaintiffs argue that the law infringes upon the U.S. Constitution. They claim that the federal Clean Air Act already regulates greenhouse gases. Additionally, they assert that the state law violates commerce clauses by targeting large energy companies outside Vermont. They believe it is unrealistic to measure the specific impact of emissions from individual companies over time, given the global nature of greenhouse gas emissions.
Tara Morrissey, senior vice president of the U.S. Chamber’s litigation center, criticized the law. She stated, “Vermont wants to impose massive retroactive penalties going back 30 years for lawful, out-of-state conduct that was regulated by Congress under the Clean Air Act.” Morrissey warned that the penalties would increase costs for consumers in Vermont and across the country.
Vermont Defends Its Position
Although the lawsuit has been filed, Vermont’s Agency of Natural Resources has not yet been formally served. Anthony Iarrapino, a Vermont-based lobbyist with the Conservation Law Foundation, defended the law. He said the lawsuit represents the fossil fuel industry’s attempt to evade accountability for the damage their products caused. “More states are following Vermont’s lead in holding Big Oil accountable for disaster recovery and cleanup costs,” Iarrapino said. The U.S. Chamber of Commerce, along with the American Petroleum Institute (API), has filed a federal lawsuit against Vermont. They are challenging the state’s groundbreaking law that requires fossil fuel companies to contribute financially to the damage caused by climate change over the past several decades. Oil Firms Sue Vermont
Under Vermont’s law, the state treasurer, in consultation with the Agency of Natural Resources, will release a report by January 15, 2026. The report will assess the total costs to Vermont from greenhouse gas emissions between 1995 and 2024. It will cover impacts on public health, agriculture, natural resources, and infrastructure.
The law adopts a polluter-pays approach. It targets companies involved in the extraction or refining of fossil fuels responsible for over 1 billion metric tons of greenhouse gas emissions. Funds collected from these companies will be used to improve infrastructure and climate resilience, such as upgrading stormwater drainage, retrofitting buildings, and enhancing roads and bridges.
A Growing Trend Among States
Vermont’s law has inspired other states, including New York. Governor Kathy Hochul recently signed a similar bill into law. The New York law requires major greenhouse gas emitters to contribute to a state fund aimed at repairing and preventing future climate damage. This trend shows a growing movement among states to hold fossil fuel companies accountable for the financial costs of climate change.
For more on Vermont’s legal battle and the broader impact of state climate policies, visit JacobiJournal.com. To read further details, check out the original article from Bloomberg.