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Vermont Passes New Climate Change Legislation

Vermont enacts the "Climate Superfund Act" to hold fossil fuel companies accountable for climate-related damages.
williamstown, vt 2023 flooding (credit bergamot + amor facebook)

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In an unprecedented move, the Vermont legislature enacted S.259 (Act 122), the “Climate Superfund Act,” making it the first state to hold fossil fuel companies financially responsible for climate change-related damages. This legislation comes in response to severe weather events, including catastrophic flooding, that have heavily impacted the state.

Republican Governor Phil Scott allowed the bill to become law without his signature, citing concerns about the financial and legal challenges of confronting major fossil fuel companies alone, but acknowledged the necessity of addressing climate change’s increasing toll on Vermont.

“I understand the desire to seek funding to mitigate the effects of climate change that has hurt our state in so many ways,” Scott wrote to lawmakers. The moderate Republican, seeking reelection, has often clashed with the Democrat-controlled Legislature, which he has described as unbalanced. Environmental advocates expected a veto, but he allowed the bill’s enactment, reassured by the Agency of Natural Resources’ requirement to report on the law’s feasibility.

Climate Action Now

The law was prompted by last summer’s devastating floods, which inundated Vermont’s capital, Montpelier, and nearby Barre. The torrential rains caused extensive damage, washing away roads and homes, and leaving businesses and homeowners facing flood-damaged properties as winter approached.

Under the new legislation, the Vermont state treasurer, with the Agency of Natural Resources, must report by January 2026 on the costs of greenhouse gas emissions from 1995 to 2024. This assessment will include impacts on public health, natural resources, agriculture, economic development, and housing, using federal data to attribute emissions to specific fossil fuel companies.

The law employs a polluter-pays model, targeting companies involved in fossil fuel extraction or crude oil refining linked to over 1 billion metric tons of greenhouse gas emissions. Funds collected will be allocated to infrastructure improvements such as stormwater drainage systems, road and bridge upgrades, sewage treatment plant retrofitting, and energy-efficient building enhancements. This initiative is inspired by the federal Superfund program for pollution cleanup.

Comments From Stakeholders

Paul Burns, executive director of the Vermont Public Interest Research Group, praised the legislation: “For too long, giant fossil fuel companies have knowingly lit the match of climate disruption without being required to do a thing to put out the fire. Finally, maybe for the first time anywhere, Vermont is going to hold the companies most responsible for climate-driven floods, fires, and heat waves financially accountable for a fair share of the damages they’ve caused.”

The American Petroleum Institute, a leading oil and gas industry lobby group, voiced strong opposition, arguing that the legislation retroactively imposes costs on previously legal activities, violates equal protection and due process rights, and is preempted by federal law. “This punitive new fee represents yet another step in a coordinated campaign to undermine America’s energy advantage and the economic and national security benefits it provides,” spokesman Scott Lauermann stated.

Despite anticipating legal challenges, Vermont lawmakers remain resolute. State Representative Martin LaLonde, a Democrat and attorney, is confident in Vermont’s legal standing, noting that legislators collaborated with legal scholars in drafting the bill. “Most importantly, the stakes are too high – and the costs too steep for Vermonters – to release corporations that caused the mess from their obligation to help clean it up,” LaLonde emphasized.

Other states, including Maryland, Massachusetts, and New York, are considering similar measures, indicating a growing trend toward holding fossil fuel companies accountable for their role in climate change.

Original Story at www.environmentenergyleader.com

Trending News

COP29 Ends Amidst Criticism Over Loopholes and Disunity


The United Nations’ 29th Conference of the Parties (COP29) concluded with widespread criticism over perceived loopholes and a lack of unity among participating nations. Environmental experts and activists expressed concerns that the agreements reached may be insufficient to address the escalating climate crisis.



Despite initial optimism, the conference, held in Bonn, Germany, was marked by intense debates and disagreements. Key issues included carbon emission reduction targets and financial commitments to developing countries. Many attendees felt these discussions fell short of meaningful progress. Learn more about the UN’s climate change efforts here.



A significant point of contention was the establishment of clear guidelines for monitoring and reporting emissions. Critics argue that the absence of stringent measures allows countries to exploit loopholes, undermining global efforts to curb climate change. The lack of consensus on this issue highlights the challenges in achieving cohesive international action.



Some developing nations voiced frustration over inadequate financial support from wealthier countries, which they argue is essential for implementing sustainable practices and mitigating climate impacts. This financial gap remains a major obstacle, fueling discontent and hampering collaborative efforts. Explore the Green Climate Fund’s role in supporting climate action.



Meanwhile, environmental groups emphasized the need for immediate and robust action, warning that delays could have catastrophic implications. They called for greater transparency and accountability in future agreements, urging nations to prioritize the planet’s health over economic interests.



As COP29 ends, the international community faces the challenge of bridging divides and enhancing cooperation to effectively combat climate change. Stakeholders are now looking ahead to future conferences, hoping for more decisive action and unity.

November 22, 2024

Mississippi River Faces Persistent Saltwater Intrusion, Region Seeks Long-Term Solutions



For the third consecutive year, the Mississippi River is experiencing significant saltwater intrusion, prompting local communities and environmental experts to search for sustainable solutions. This recurring issue arises as the river’s flow decreases, allowing saltwater to move upstream and threaten drinking water supplies. The U.S. Army Corps of Engineers is actively involved in addressing this problem, employing temporary measures like saltwater barriers to mitigate the impact on affected areas.



Saltwater infiltration poses serious risks to public health and agriculture, as freshwater sources become compromised. The situation is exacerbated by prolonged periods of drought, which have reduced freshwater flow in the Mississippi River. According to the National Weather Service, drought conditions have worsened due to climate change, increasing the frequency and severity of saltwater intrusion events.



Local authorities are collaborating with federal agencies to explore permanent solutions. Among the proposed strategies are enhanced levee systems and improved water management techniques. The U.S. Army Corps of Engineers is evaluating the feasibility of long-term infrastructure projects to prevent further saltwater encroachment. Additionally, community leaders are advocating for increased funding to support these initiatives and safeguard the region’s water resources.



The impact of saltwater intrusion extends beyond drinking water concerns, affecting local ecosystems and agricultural productivity. Farmers in the region have reported crop damage due to elevated salinity levels in irrigation water. The Natural Resources Conservation Service is working with farmers to implement adaptive practices, such as planting salt-tolerant crops and improving soil management techniques.



As the Mississippi River continues to face challenges from saltwater intrusion, stakeholders emphasize the importance of collaborative efforts and innovative solutions. The ongoing threat underscores the need for comprehensive planning and investment to protect one of America’s most vital waterways from the impacts of climate change and environmental stressors.

November 19, 2024



Environmental activists have raised concerns over the fossil fuel sector’s significant impact on COP29, the latest United Nations Climate Change Conference. Activists argue that the industry’s presence diverts focus from critical climate actions.



The conference, designed to promote global climate agreements, faces criticism for allowing fossil fuel companies to participate extensively. Environmental groups claim these companies undermine efforts to reduce carbon emissions and transition to renewable energy sources.



According to Climate Action Network, fossil fuel representatives have increased their lobbying activities, aiming to weaken climate policies. These industries allegedly influence negotiations, leading to watered-down commitments that fail to address the urgency of climate change effectively.



Experts suggest that the influence of these companies stems from financial contributions and longstanding relationships with decision-makers. Critics argue that this affects the conference’s ability to enforce meaningful climate change regulations.



During the event, several protests highlighted the need for transparency and a stronger focus on sustainable energy solutions. Activists are calling for increased participation of renewable energy stakeholders in future conferences.



The controversy surrounding fossil fuel involvement at COP29 underscores the ongoing challenge of balancing industrial interests with the global imperative to combat climate change.



November 19, 2024