Your Daily Dose of Climate Hope: July 16, 2024
Vermont Passed a Climate Superfund Law - Your State Could Join Them!
Vermont has passed the world’s first law holding fossil fuel companies financially responsible for climate impacts.
You can help by advocating for your state to join them!
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Reasons For Hope
Vermont, which suffered major flooding in 2011 and again in summer 2023, recently passed America’s (and the world’s) first-ever “climate Superfund law,” holding fossil fuel companies financially responsible for a share of the damage from climate disasters!
Modeled off the longstanding federal Superfund law which holds hazardous waste-releasing polluters financially responsible for the cleanup, Vermont’s new law directs the state government to compile a report by 2026 calculating the cost to Vermont of greenhouse gas emissions from 1995 through 2024, then use preexisting federal data to determine the amount of greenhouse gas emissions attributable to specific large fossil fuel companies. If the resulting fine holds up in court, funds could then be used for climate-resilience improvements to Vermont infrastructure, from stormwater drainage to public building weatherization.
Notably, the original bill was carefully crafted to be legally robust, and the new law already commands widespread support. Even Vermont Governor Phil Scott, a moderate Republican, decided not to veto it, allowing it to become law.
“Vermont wants to be the mouse that roared. This is the first such law that has been passed anywhere in the world, seeking to impose retroactive liability on fossil fuel companies for the impacts on climate change.”
-Michael Gerrard, Professor of Climate Change Law, to NPR.
It’s hard to overstate what a big deal this is! However, passing the law is just the beginning: the global fossil fuel industry is already gearing up to challenge it in court. This will likely start a lengthy and costly legal battle for the already financially-constrained small state (financially strapped in part because it’s cleaning up after warming-supercharged extreme weather!).
It’s unclear what the eventual outcome will be, but the situation would be a lot more even if other U.S. states join Vermont in passing such “climate Superfund” polluter-pays laws. California, Maryland, Massachusetts, and New York are already strongly considering this - the New York climate superfund bill has even already passed the state legislature, but it’s unclear whether Governor Kathy Hochul will sign it into law.
If U.S. states join together to hold fossil fuel companies accountable for their atmospheric vandalism, this could be the start of an extraordinary sea change, with the potential to seriously help speed up the global transition to clean energy. Tell your state leaders to join Vermont and support a Climate Superfund Law!
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