Vermont Defends Climate Superfund Law Against Trump Administration Challenge

Court Fight Over Vermont Climate Law

The Justice Department and the state of Vermont faced off in federal court on Monday over Vermont’s 2024 “climate superfund” law, a landmark measure that would require fossil fuel companies to help pay for the mounting costs of climate change.

The Trump administration sued last year to block the law, arguing that it is unconstitutional. The administration’s position has also been backed by the U.S. Chamber of Commerce and the American Petroleum Institute, which filed their own lawsuit against Vermont.

Vermont’s law takes its name from the federal Superfund program created in the 1980s, which requires polluters to help pay for the cleanup of land contaminated with hazardous materials.

Competing Arguments

The Justice Department argues that climate superfund laws and related lawsuits are unlawful attempts by states to regulate emissions that cross state lines, a responsibility it says belongs to the federal government rather than individual states.

Representing Vermont, Jonathan Rose challenged that claim in court. He said the state did not need to prove that climate change posed serious challenges to Vermont and argued that the law was designed to recover some of the costs the state will face in adapting to climate change.

According to Rose, the law is not intended to mitigate climate change, stop climate change or otherwise affect global emissions. Instead, he said, it is aimed at helping Vermont recover adaptation costs.

Federal Position

Riley Walters, representing the Justice Department, rejected Vermont’s framing.

He said the dispute was not about Vermont’s ability to raise revenue or protect the health and welfare of its residents, but about what he described as the state’s effort to subject global energy production and activity to Vermont law in a way that disregards the constitutional division of power between the federal government and the states.