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State of Vermont now being sued by both sides of the climate change war
By Paul Bean
The US Chamber of Commerce and the Petroleum Institute have jointly filed a lawsuit against the State of Vermont for a 2024 first in the nation Superfund Law seeking damages on Big Oil corporations for their alleged contribution to climate change.
“This law, known as the ‘Climate Superfund’ does not limit its regulations to greenhouse emissions released in Vermont,” says the lawsuit. “Rather, it seeks to punish a narrow set of energy producers for global greenhouse gases emitted from all sources in the atmosphere over the course of three prior decades that allegedly caused damage to the state.”
The lawsuit was filed in U.S. District Court, with decisions subject to appeal in a federal appeals court and, potentially, the U.S. Supreme Court.
This news comes after an announcement by the Conservation Law Foundation last fall that it had “filed a lawsuit against Vermont’s Secretary of the Agency of Natural Resources [Julie Moore] for not fulfilling her legal obligations under the Global Warming Solutions Act (GWSA), which is critical for keeping the state on track to reduce harmful emissions contributing to climate change.”
Vermont’s Secretary Agency of Natural Resources is now being sued on ‘both sides’ of the political spectrum for a law seeking to recover billions from Big Oil. Lawsuits against the state of Vermont are typically defended by the Vermont’s Attorney General’s Office. The state funding needed for legal costs and Agency of Natural Resources staff resource time is as yet undetermined.
The lawsuit continues, “Vermont has thus exceeded the bounds of its authority, inserting itself into an arena that is and has been historically controlled only by federal law, upsetting the careful regulatory balance the Clean Air Act establishes, violating the extraterritorial restraints of our federal system, and transgressing the bounds of due process and other constitutional protections.”
The Clean Air Act of 1963 is the detailed federal law that “regulates air emissions from stationary and mobile sources. Among other things, this law authorizes the EPA to establish National Ambient Air Quality Standards (NAAQS) to protect public health and public welfare and to regulate emissions of hazardous air pollutants.”
The complaint document explains their argument on why Vermont is overstepping its regulatory bounds and cites examples of other cases around the country to support their argument. “The Act’s punishment targets only a select number of largely domestic energy producers, pinning the blame for climate change impacts on those selected producers who were lawfully operating while ignoring the the myriad of end users across the globe world who emit the majority of greenhouse gasses (and many of whom fail to mitigate their own emissions).”
The suit does not specify the damages it seeks. VDC will be following this suit, stay tuned for updates.
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Categories: Energy
Land of lawyers piling on for the great rewards.
Governor Scott signed on and committed the Taxpayers/Citizens of Vermont to a membership in the US Climate Alliance back in 2017. The beliefs and goals of the US Climate Alliance are an extreme and unrealistic global agenda.
How is any United States Governor who takes an Oath when elected, to uphold and protect individual citizen Constitutional Rights and Freedoms allowed to sign on his/her whole state to a global agenda?
The only loser is the taxpayer….
In the words of Steppenwolf’s John Kay, No matter who’s the winner, we can’t pay the cost !” Our avenging angel, Attorney General Charity Clark is doing no one any favors. She should never have been voted in. She needs to be voted out !
I often wonder who the people are that pass, and have passed, all these senseless laws and regulations, erroneously believing they are doing what’s good, and best, for the people, all the while in reality the fruits of their ever so superior wisdom, ends up placing unwarranted burdens on the people to whom they are supposed to represent? Were they the ones, who as a child, kicked and screamed in stores and elsewhere in order to get their way only to have the parent cave and grant them whatever they wanted just to keep them quiet? I don’t know about you but, when I was a child, having fits was not tolerated, not that I personally had any, but I do remember seeing a few, and they were dealt with accordingly, and with tough love.
Some “tough love” is just what these lawmakers need in Vermont, New York and other places as well. If I manufactured a product that was bought on a scale similar to the oil and gas industry, I would say that would definitely give me some “negotiating power”. So, to the ones who want to put me out of business I would say, ok, you think my product is bad for you, don’t buy it! As a matter of fact, I would do them a favor. I will stop delivering it to you starting on such and such a date. Problem solved.
How fast do you think it would take for these “wiser than thee” people to change their tune?
No, Mr. Dencur;
These legislators are the kids who got the lollipops for doing exactly as they are told.
Unfortunately, most Vermonters refuse to “see” that the person(s) they are voting in to “represent” them are really “activists with extreme leftist agendas” disguised as representatives.
Many Vermont Districts have no taxpayer representation. Taxation without representation is tyranny.
peter wade its about time something done
How many lawyers and how much is this costing?
The tiny state of Vermont cannot afford this suit and its ridiculous considering global pollution is not going to be solved by using our tax dollars to sue big oil. We have strict emissions. It’s the other huge 3rd world countries that do not have emissions laws.
All those that signed the gwsa should be sent the legal bill. This was in direct opposition of their sworn oath and it’s all an insider trading game, they are so used to scamming Vermonters, they have never had the feds over view the crap they give us.
Will be great to see Tom Homan arrest teachers for breaking the laws in Winooski we are a republic not a democracy, lol.
May the winds of justice be strong and swift toward our cabal in Montpelier.
The sponsors of the legislative Act teed it up perfectly to fill the coffers of friends and foes alike and drain taxpayer pockets. As Bernie likes to say, let’s be clear – after several phone calls and emails from thousands of constiuents and businesses, the legislature willfully and knowingly ignored the will of the People and slammed it through anyway. They did it on purpose! Don’t forget the extra blanket comment and the chortling. Find out who paid them to do this legalized fraud and deception – follow the money and start filing civil class action lawsuits against the co-conspirators and colluders. There are many deep pockets involved – best be finding a way to claw back what they stole before they hide it all offshore.
The oil companies are not the ones spewing carbon into the atmosphere, it is their customers who combust the product in the process of lawful activities like driving to work and heating our homes. Vermont’s legislature and attorney general are the entities deserving of legal sanctions for bringing about this legal entanglement.
As if there is any reasonably available $$$ to defend these lawsuits against either side. We the people are broke and last I knew there was no money orchard in Montpelier. It’s time to completely repeal this entire heap of BAD legislation and time for even more sensible REAL Vermonters to step up and run against the remaining architects and minions of the last number of years of Marxist legislative agendas. It’s not enough to scare them into back pedaling on their folly, they’ll only say what they must to preserve their skin and bide their time until the next opportunity…NO, it’s time to send them all back to the private sector, preferably out of state.