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By Guy Page and Paul Bean
24 states have joined an industry lawsuit against Act 122, the 2024 Vermont Climate Superfund law urged on the Legislature by the Vermont Public Interest Research Group (VPIRG) and other climate change reduction and renewable power industry advocates. The suit is one of three filed against the State of Vermont in connection with the law.
In a filing dated May 1, the American Petroleum Institute and U.S. Chamber of Commerce lawsuit filed last year was joined by these states, most of which are large producers or refiners of coal and petroleum products: West Virginia, Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Missouri, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, and Wyoming.
The lawsuit filed in U.S. District Court in Burlington claims “The State of Vermont believes it can seize control over the makeup of America’s energy industry. Vermont has attempted to impose what could potentially amount to billions of dollars of liability on energy producers disfavored by certain politicians. These energy producers needn’t operate in Vermont before becoming a target. And Vermont consumers won’t bear the brunt of these crushing new costs. Rather, Vermont intends to wring funds from producers, thus raising prices on consumers, in other States to subsidize certain Vermont-based ‘infrastructure’ projects.”
DOJ suit filed last week
The U.S. The Department of Justice last week filed a civil suit against the Vermont for Act 122, the 2024 climate Superfund law.
The DOJ also filed similar complaints against the states of New York, Michigan, and Hawaii.
In a press release that names all four states, the DOJ wrote, “President Trump recently directed Attorney General Pam Bondi to take action to stop the enforcement of state laws that unreasonably burden domestic energy development so that energy will once again be reliable and affordable for all Americans. These lawsuits advance President Trump’s directive in Executive Order 14260. ”
On January 20, President Trump signed Executive Order 14260, declaring an energy emergency, and also directing the Attorney General to target states’ energy policies purporting to address “climate change” or involving “environmental, social, and governance” initiatives, “environmental justice,” carbon or “greenhouse gas” emissions, and funds to collect carbon penalties or carbon taxes.
The feds claim that these proposed measures conflict with the Clean Air Act and are unconstitutional, asserting that such litigation hinders energy production, raises energy costs for Americans, and weakens national security against foreign threats.
“The Superfund Act is preempted by the Clean Air Act, exceeds the territorial reach of Vermont’s legislative power, unlawfully discriminates against interstate commerce, conflicts with federal interstate commerce power, and is preempted by federal foreign-affairs powers,” says the lawsuit. “The Superfund Act is a brazen attempt to grab power from the federal government and force citizens of other States and nations to foot the bill for Vermont’s infrastructure wish list,” continues the complaint.
In May 2024, the Vermont Legislature passed Act 122, The Climate Superfund Act. As described on a Vermont website, The law allows the state to recover financial damages from fossil fuel companies for the impacts of climate change to Vermont. Those funds would support climate adaption projects.
The two lead sponsors of S.259 (now Act 122) were Sen. Anne Watson, D-Washington, and Sen. Richard Sears, D-Bennington. The bill passed both House and Senate on mostly party line votes. Lacking an effective veto, Gov. Phil Scott allowed it to pass into law without his signature.
In addition to the DOJ and industry/state lawsuits, the Conservation Law Foundation filed suit last year for alleged failure to track emissions reduction.
When passed, Act 122 was the first U.S. state law to require fossil fuel companies to pay for damages caused by climate change. The law attempts to hold companies accountable for greenhouse gas emissions from 1995 to 2024, targeting those responsible for emissions from fossil fuel extraction or crude oil refining. The law aims to recover costs for allegedly climate-related damages, such as the $1 billion in flood damage from the July 2023 floods, and fund adaptation projects like upgrading infrastructure, weatherproofing buildings, and addressing public health impacts.
Feature photo – members of VPIRG promote the Make Big Oil Pay message during campaign for Act 122.
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Categories: Court
Great! Now the taxpayers can pay to defend against another act of egotistical stupidity by the Vt AG! It’s endless!
Great News! Thanks President Trump!
With the ideologies and actions of the majority of the Vermont General Assembly, this may be the only way Vermonters will get relief from the unreasonable, oppressive and exorbitantly expensive climate policies that were passed in Vermont.
Thank you, and good luck President Trump, and A.G. Bondi ! Next, we need to vote out the disingenuous, crazy environmental zealots in Mount Peculiar, including A.G. Charity Clark !
We write a law because emissions cause greenhouse gasses, can we create a law banning sweetened sugar in cereal causes obesity, how about we ban #2 pencils because they cut down to many trees to make them! Ban, ban, ban!! Laws, Laws, Laws that’s all Demorats think of!
That and how to spend our tax money any possible way they can like being a freaking Sanctuary State!
Well, half of the contiguous 48 states. Really makes you proud to be a native Vermonter. The good news is that 52 states aren’t suing.
Didn’t the state write into their laws on environment that lawsuits could be brought to enforce compliance? Well guess what, they got the lawsuits but from the wrong sources. Since the legislature and state leaders love the law so much, they can now defend themselves against their own arrogance.
It’s almost like us, (individuals) taking on city hall. Little Vermont strong will have to take on the Federal Government and two other lawsuits. If this is what it takes to slow these progressive ideologues down I’m all for it. I may be in the minority as not a member of the climate cult but I want to be able to live out the rest of my days not worrying how I can survive the onslaught of people who think so highly of themselves. People that can destroy what little I have with their climate scam to save the planet and to tax me out of my home. This is the Karma coming for them.
I hope the lawsuit will specifically name those responsible for this ridiculous lawsuit against the oil companies.
Good, pound these mindless liberal fools and there policies, maybe after Vermont get stung with these lawsuits by the FEDs they’ll wake up ………….not holding my breath !!
Wake up people, the time is now.
The irony of it. Red states coming to the aid of Vermonters struggling under fiscally unobtainable and harmful climate policies. The Calvary has arrived!
I had no idea “we” had done such a thing…..Let’s meet ….& defeat the folks behind this utter totalitarian nonsense… Dennis Morrisseau
I’m in!
Dennis,
Unfortunately, there are really only two main political parties. The Democrats have moved to the extreme Far Left on many issues that are affecting us ALL.
In their arrogant, god complex and depraved ideology, they show repeatedly they truly don’t care about serving the best interests of Vermont, Businesses, Families or Individuals. They serve only themselves.
While the Vermont Republican Party is far from ideal, what other choice do we have? Will we remain inactive and let Marxism completely take over Vermont? Please think about getting involved with your town and/or county Republican Committees. Look for like-minded Vermonters to do the same.
Seats were gained in 2024 for Republicans in the House and Senate by more common sense, reasonable Vermont Citizens getting involved. It is ALL that is now holding back the Marxist/Dems/Progs from more extreme actions and complete takeover. We need to gain more seats in 2026. We need to BE candidates and/or help to find and elect sensible candidates to Vermont’s Government.
While there are many Republicans in Vermont who lean left and are RINO Trump Haters, at least they are typically against the Marxist/Dem/Prog extreme climate policies that are killing our state. There are also many in the Vermont Republican Party who are truly common sense, law-abiding, conservatives.
PLEASE GET INVOLVED!!
Dear Vtbeliever,
When have you heard any, ANY, vtgop member
A) standup for trump
B) call out Marxism
C) call out corruption in Vermont
D) call out agenda 2030 and the United Nations ruining our state
E) talk about medical freedom in Vermont
F) talk about cancel culture, propaganda and censorship in Vt
Even one of these, how about all of these?
We need a complete reformation of the vtgop, they are sold out to the uniparty they are controlled by the blob.
Oh, that’s right, John Rodger’s is going to be the new shining star……
That is how f’d the vtgop is, please we can easily do better, seriously we couldn’t do, much worse.
Vermont is the headquarters for cave monkeys and lawyers. Every move that is made someone is making money and you Vermonters are paying the bill.
Sorry. I meant that 26 states aren’t suing.
The suit should be for a huge sum against every elected official in Vermont’s government. The job of representative is a very serious and solemn responsibility but those in Vermont seem to think it is a joke. Over the last 50 years they have slowly ruined this state. They have ruined the country side with solar panels instead of dams that would produce electricity, make lakes, draw out of state tourist dollars and be great for our native sportsmen. Then there is the schools, thank God my children finished school over 25 years ago and have not fallen victim of the democratic crazy. Six grades in 3 rooms, yet we had some amazing OLDER teachers.
To err is human. To perpetuate a policy that exposes one’s state to enormous litigation cost and even greater liability might be properly diagnosed as “irreversible brain death. “
Thanks Dem-Prog Groupthink!
It really is time for a further change in the composition of the legislature.
P.S. It is particularly noteworthy that Vermont’s impact on global climate change is scarcely a blip on the curve. Thanks for nothing, Dem-Prog’s.
The petrol companies did not release all that carbon into the atmosphere…it was their customers, who like to heat our homes and go places who did that. We all enjoy the prosperity and the quality of life that have benefited most humans for over 150 years because of fossil fuels and we all share the blame EQUALLY.
The American Civil War 2.0 starts in the courts and finishes in the streets. The lawfare warfare cannons firing off – State against State, States against Country, brother against brother – the taxpayer pockets empty out and life spirals into chaos. Depopulation, wealth transfer, reset. Best be prepared – they have to have war, any war will do – all weapons engaged and aimed squarely at the People.
Really?, Lets make Exxon, Chevron etc pay for Vermonts floods. What a crock of Bull–it. We all burned oil and gas all of our lives to heat our homes. We fill our cars and truck with gasoline and deisel. The climate risks were well explained and Vermonters knew the risks. We look like a bunch of fools in the eyes of the country. The real fools are those that live too close to the rivers and expect big oil to pay. Anne Watson and Dick Sears are about as clueless as can be. Vote them out.
Those companies will never pay because ultimately they were/are tied to the Rockefeller oil legacy. The Rockefeller Foundation is a key driver in moving to green energy and the C40 City energy requirements around sustainability. Google the Rockefeller Foundation. Of course the small businesses and consumers pay, not the entity that has profited most. Representative Peter Conlon recently summed up the true intent of green energy policies when he said at a recent legislative breakfast that gas cars were too efficient. The state isn’t collecting enough tax revenue. Then he went on to share that electric cars will be taxed on every mile driven on a yearly basis.
The vtgop should be doing a lawsuit to remove all people who broke their oath to defend the Vt and federal constitution, otherwise it is going to cost the tax payers of Vermont dearly. Has the state put aside 500 million for the lawsuit!
First order would be our attorney general.
Then senators
Then Lt gov.
Then….
It’s time for a change. It’s coming ready or not, thank you Lord Jesus.
Dear Neil Johnson,
In response to your words and the questions you asked in your post above:
I do understand your frustration about the Vermont Republican Party. Let’s be honest and admit this same frustration exists in many other US States and also in the US House and Senate. Those who call themselves Republicans are sometimes more Left Leaning, Trump Hating, RINOS and others are more Right Leaning, Trump Loving, Constitutional Conservatives.
Respectfully, I believe your expectations are unrealistic. ALL Human Beings are imperfect yet, with unique beliefs, personalities and experiences. This is the beauty of Individual Freedom that requires the work of honest involvement, dialog, debate and disagreement. Generally speaking, Freedom is allowed in the Republican Party, but requires courage, commitment and conviction.
Democrats require indoctrinated and synchronized uniformity. That’s why they ALL Vote in unison in Vermont. They can’t participate in honest dialog and debate, because they are not allowed to think as individuals. They don’t represent their constituents’ best interests in their districts. Their leaders, lobbyists, special interests, and donors dictate how they WILL Vote.
To answer your questions above, I know MANY in the Vermont Republican Party who believe, have acted upon and spoken out about your A to F List.
Admittedly, NOT in Vermont Republican State Party Committee Leadership, but YES in many Vermont Town and County Committees, who essentially do ALL the grassroots work of finding members, finding candidates, campaigning and getting out information to Voters.
WE NEED THE INVOLVEMENT OF COMMON SENSE CONSERVATIVES ON THE TOWN AND COUNTY LEVELS OF VERMONT REPUBLICAN COMMITTEES!