Supporters seek $700,000 to fund implementation
By Paul Bean
The lead sponsor of Act 122, the Vermont Climate Superfund Bill, Sen. Anne Watson (D-Washington), says the State of Vermont will fight the three lawsuits the bill has triggered against the state.
Act 122, enacted in May 2024, seeks to require major fossil fuel companies to pay for climate change damages in the state. It targets oil companies responsible for over one billion metric tons of greenhouse gas emissions from 1995 to 2024, using funds for infrastructure upgrades, disaster recovery, and public health measures.
There’s no official pricetag on what it costs the State of Vermont to fight these lawsuits. The effort is sure to consume part of the legal budget, as well as other resources, in the Agency of Natural Resources and the Attorney General’s office, not to mention court and consultant costs.
Implementing the Act will cost at least $700,000, according to a bulletin published by one of its advocates, the Vermont Natural Resources Council. An email sent May 7 by the VNRC and Vermont Conservation Voters urged supporters to lobby legislators to include in this year’s budget “$700,000 to implement the Climate Superfund Act — a groundbreaking law that holds Big Oil accountable for the damage their pollution has caused.”
Most recently, 24 states have joined an industry lawsuit against Act 122, the 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.
”Yes, I do anticipate that the state will fight these lawsuits,” wrote Sen. Watson to VDC by email Monday evening. “ I think legislators have an obligation to protect the well-being of their constituents and that’s exactly what this bill does.”
Critic’s warned this bill would draw lawsuits, however Sen. Watson says the bill is legal. “It’s legal and I believe we should stand by it,” she said, “We knew that there would be legal challenges and knowing the position of the president on climate change, it’s not terribly surprising.”
The U.S. The Department of Justice last week filed a civil suit against Vermont for Act 122. 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.”
“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 DOJ 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.