Legal Battles Erupt Over Climate Superfund Laws in Vermont and New York

Fri May 09 2025 14:57:57 GMT+0300 (Eastern European Summer Time)
Legal Battles Erupt Over Climate Superfund Laws in Vermont and New York

The Federal government launches lawsuits against two states aiming to hold fossil fuel companies accountable for climate-related costs, sparking a heated legal confrontation.


The Vermont and New York climate superfund laws, designed to recover climate-related costs from oil companies, face significant legal opposition from the Trump administration and several state attorneys general seeking to quash them.


Vermont made headlines last year as it passed the nation’s pioneering climate superfund law, intended to allow the state to recoup funds from fossil fuel companies to address the escalating expenses associated with climate change. However, these groundbreaking measures are hit with mounting legal challenges.

On Thursday, the Department of Justice filed lawsuits against both Vermont and New York, claiming that the newly enacted climate superfund laws represent an unlawful overreach by the states and an attempt to shift the financial burden of their infrastructure costs onto oil companies. New York’s climate superfund initiative aims to extract $75 billion from fossil fuel firms over the next 25 years to mitigate climate impacts.

Following the federal lawsuit, West Virginia Attorney General John B. McCuskey announced that he would lead another legal challenge against Vermont's legislation. He has previously contested New York's law, expressing concerns that these state measures would undermine the American oil, gas, and coal industries. He articulated that Vermont's laws are particularly alarming since they impose no financial limit on the penalties.

McCuskey, joined by 23 other attorneys general, seeks to intervene in a lawsuit put forth last year by the U.S. Chamber of Commerce and the American Petroleum Institute, both of which argue against the legality of the states' actions. The suit filed by these industry groups claims that Vermont's legislation would harm legal fossil fuel activities while simultaneously benefiting from them.

In a state known for its significant coal and natural gas production, the complaints suggest that these laws create a precarious balance wherein states can exploit the advantages of energy production while penalizing the companies that provide such resources.

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