Vermont’s Climate Superfund Law Draws Heated Challenge from GOP AGs

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  • A group of 24 Republican AGs, along with several trade associations, sued Vermont over the state’s Climate Superfund Act, which authorizes the state to levy billions of dollars in fines on fossil fuel companies for alleged contributions to greenhouse gas emissions.
  • The complaint alleges that the Act is preempted by the Supremacy Clause and Clean Air Act, and violates Commerce Clauses, state and federal Due Process Clauses, the Equal Protection Clause, the state Common Benefits Clause, the Eighth Amendment’s Excessive Fines Clause, state and federal Takings Clauses, and the state Separation of Powers Clause.
  • The lawsuit seeks equitable, declaratory, and injunctive relief, and attorney’s fees and costs, among other things.
  • We have previously reported on a similar lawsuit challenging New York’s Climate Superfund Act.
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