West Virginia Leads 24-State Coalition in Lawsuit Against Vermont’s Climate Superfund Law
Montpelier, VT – In a significant legal challenge, West Virginia Attorney General John McCuskey has spearheaded a coalition of 24 states joining the American Petroleum Institute and the U.S. Chamber of Commerce in a lawsuit against Vermont’s ambitious climate superfund law. This legislation, enacted last year, imposes a one-time retroactive fee on fossil fuel companies for their contributions to climate-driven damages from 1995 to 2024.
Legal experts, including attorney Anthony Iarrapino of the Conservation Law Foundation, assert that the lawsuit lacks novel legal arguments. Vermont Attorney General Charity Clark’s office has declined to comment, maintaining that the introduction of additional plaintiffs does not alter the state’s legal position. The coalition includes states with strong fossil fuel industries, such as Texas and Louisiana, in response to Vermont’s unprecedented attempt to hold companies accountable for climate impacts.
The lawsuit’s foundation rests on the assertion that Vermont’s law contradicts the federal Clean Air Act, which governs emissions standards. Critics argue that this contention contradicts previous cases where West Virginia sought limits on the Act’s scope. Iarrapino emphasized that the lawsuit mischaracterizes the law’s intent, which focuses on historical accountability rather than future emissions control.
With these new legal challenges, Vermont’s Agency of Natural Resources is seeking additional funding to hire climate scientists and legal experts to navigate the increasing complexity of the litigation. Experts warn that the case may escalate into a protracted legal battle, potentially consolidating with a similar lawsuit facing New York’s climate legislation.
As the first state to implement such a law, Vermont’s actions are drawing national scrutiny, highlighting the intricate balance between state regulatory authority and federal oversight in climate policy.
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