U.S. Department of Justice Challenges Vermont’s Climate Superfund Law
MONTPELIER, VT — In a significant legal development, the U.S. Department of Justice (DOJ) has filed a lawsuit challenging Vermont’s climate superfund law, known as Act 122, in the U.S. District Court of Vermont. The complaint argues that the law, designed to hold polluters accountable for climate-related damages, is unconstitutional due to conflicts with the federal Clean Air Act and federal authority over foreign affairs.
Vermont Attorney General Charity Clark expressed her commitment to defending the state’s law, which represents a pioneering effort to allocate costs related to climate disasters through a polluters-pay framework. This initiative makes Vermont the first state to adopt such legislation, with New York following suit in December.
The DOJ’s lawsuit is part of a broader initiative initiated by an executive order from President Donald Trump earlier this year, which aimed to block climate laws in Vermont, New York, and California. The DOJ also filed lawsuits against three other states, claiming these state actions unduly burden domestic energy development and exacerbate a purported national energy emergency—a claim that Clark disputes.
"This is not a surprise," remarked Paul Burns, executive director of the Vermont Public Interest Group, highlighting the political implications of the lawsuit. Critics, including the national campaign Make Polluters Pay, have dismissed the federal actions as "political theater."
Legal experts, such as Pat Parenteau from Vermont Law School, forecast a prolonged legal battle, stressing that the federal government and fossil fuel industry possess the resources to sustain litigation.
As Vermont prepares for this legal challenge, the conflict underscores the ongoing debate over state and federal authority regarding environmental regulation in the face of climate change.
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