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The U.S. Chamber of Commerce and a major oil and gas industry trade group filed the lawsuit. lawsuit against Vermont because of its new law requiring fossil fuel companies to pay for damages the state attributes to climate change.
The federal lawsuit, which was filed Monday, urges a state court to block the state from enforcing the law, which was passed by lawmakers last year, according to the Associated Press. The state said it has been working to estimate the cost of climate change since 1995.
Vermont became the first state in the country to enact such a law after suffering catastrophic summer flooding and damage from other extreme weather, the outlet noted.
The Chamber and the American Petroleum Institute argue in the trialAccording to the Associated Press, the U.S. Constitution prohibits the law and state law is preempted by the federal Clean Air Act. The lawsuit also says the law violates domestic and foreign commerce clauses by discriminating against “important interests of other states by targeting large energy companies located outside of Vermont.”
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Flooding in downtown Montpelier, Vermont, Tuesday, July 11, 2023. (Getty Images)
The plaintiffs say the federal government is already attacking climate changeaccording to the report. The plaintiffs add that because greenhouse gases come from billions of individual sources, it is impossible to “accurately and fairly” measure the impact of a particular entity’s emissions in a particular location over several decades.
“Vermont wants to impose massive retroactive penalties going back 30 years for any lawful out-of-state conduct that was regulated by Congress under the Clean Air Act,” said Tara Morrissey, senior vice president and deputy chief counsel. from the Chamber’s litigation center. , according to the report. “This is illegal and violates the structure of the U.S. Constitution: a state cannot attempt to regulate a global issue that is best left to the federal government. Vermont’s sanctions will ultimately increase costs for Vermont consumers and all over the country.”
A man watches heavy rain send mud and debris into the Ottauquechee River in Vermont. (Getty Images)
The law requires the Vermont State Treasurer, in consultation with the Natural Resources Agency, to publish a report by January 15, 2026, on the total cost to the State and its residents of greenhouse gas emissions. greenhouse gases from January 1, 1995, until December 31, 2024. The review would examine the effects of greenhouse gases on various areas, including public health, natural resources, agriculture, economic development and housing.
The state would use federal data to determine whether the amount of covered greenhouse gas emissions can be attributed to a fossil fuel company.
The share of funds collected from businesses could be used by the state for things such as improving stormwater drainage systems, upgrading roads and bridges, raising or upgrading water treatment plants used and upgrading weather protection in an energy-efficient way in public and private buildings.
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Following flash flooding on Red Village Road in Vermont. (Getty Images)
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Vermont’s law has drawn interest from other states, including New York, where a similar bill was signed into law last month.
New York law requires companies responsible for significant greenhouse gas emissions to contribute to a public fund for infrastructure projects aimed at repairing or preventing future damage from climate change, and the largest emitters of greenhouse gases between 2000 and 2018 would be subject to fines.
