Vermont enacts groundbreaking ‘Climate Superfund’ law

By Adam Aton | 05/31/2024 06:15 AM EDT

The state will seek money from fossil fuel companies to cover the costs of climate change.

A small tractor clears water from a business as floodwaters block a street.

A small tractor clears water from a business as floodwaters block a street July 12, 2023, in Barre, Vermont. The state's new law requires fossil fuel producers to pay for some of the state's recovery costs from climate-related storms. Charles Krupa/AP

This story was updated at 3:55 p.m. EDT.

Vermont became the first state to enact a “Climate Superfund Act” on Thursday, after Republican Gov. Phil Scott allowed the legislation to become law without his signature.

The law directs the state to seek potentially billions of dollars from fossil fuel companies to cover the costs of climate impacts. It is certain to be challenged in court by the fossil fuel industry, which has called it an unconstitutional attack on companies for supplying the public with a legal product.

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Modeled on the federal Superfund program for chemical pollution, the Vermont legislation passed the Legislature with supermajority support from Democrats as well as some Republicans. At least four other states have considered similar legislation, which has also been introduced in Congress.

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