Oil industry and business groups are challenging a first-of-its-kind law in Vermont that would require fossil fuel producers to pay potentially billions of dollars in fines based on greenhouse gas emissions over the past 30 years.
Vermont's law is "unprecedented" and attempts to "pin blame" on a narrow set of out-of-state energy producers for climate-related damages for decades of alleged greenhouse gas emissions, the American Petroleum Institute and the US Chamber of Commerce wrote in a lawsuit filed on 30 December. They argue the law is preempted by the federal Clean Air Act and violates the US Constitution's ban on excessive fines.
"It punishes covered energy producers for greenhouse gas emissions related to the lawful production and use of their products and those emissions' purported impacts on climate change," the lawsuit said.
Vermont's "Climate Superfund Act" was enacted last year and applies to oil, natural gas and coal producers and refineries found to have emitted at least 1bn metric tonnes (t) of greenhouse gases from 1995-2024. Under the law, Vermont will issue a "cost recovery demand" to those companies based on their emissions that will pay for climate adaptation projects. Vermont will have until 1 January 2027 to finalize specifics of how the program will work, including how to calculate the charge.
The lawsuit, filed in a federal district court in Vermont, argues the state had exceeded its authority by trying to impose financial penalties on fossil fuel companies located "well beyond" its borders. The law also imposes an "overly harsh and oppressive retroactive penalty" and is based on an "arbitrary" calculation that focuses on the last 30 years of emissions, the lawsuit argues.
Vermont governor Phil Scott (R), who allowed the law to take effect last summer without his signature, has raised concerns about the state's "go-it-alone" approach toward taking on "Big Oil". But New York governor Kathy Hochul (D) last week signed the state's own climate "Superfund" law, which is expected to raise $75bn over the next 25 years from fees on companies that exceed 1bn t of greenhouse gas emissions from 2000-2018. Massachusetts and Maryland are considering similar laws.