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State faces federal lawsuit after passing controversial, new law: 'Trying to avoid accountability'

If this suit is successful, it could set a precedent that would prevent other states and municipalities from holding fuel companies accountable.

If this suit is successful, it could set a precedent that would prevent other states and municipalities from holding fuel companies accountable.

Photo Credit: iStock

According to the United Nations, the No. 1 factor causing the world to heat up and natural disasters to increase is pollution from fossil fuels, also known as dirty energy. Vermont passed a law last year that would hold fossil fuel companies financially accountable for their role in climate change. Now, the U.S. Chamber of Commerce and an oil industry trade group called the American Petroleum Institute have filed a federal suit against Vermont over the law, the Associated Press reported.

What's happening?

The Vermont law calls for the state treasurer to work with the Agency of Natural Resources to create a report on the total cost to the state and its residents due to fossil fuel pollution from Jan. 1, 1995, to Dec. 31, 2024. The report would include harm to public health, damage to natural resources, impacts on agriculture and economic development, effects on housing, and other considerations and would be due by Jan. 15, 2026. Individual fossil fuel companies would have their roles assessed and would be required to pay their share of damages into a fund that Vermont would use to address the harm they caused.

The suit against the law alleges that Vermont doesn't have the authority to charge companies retroactively for activities that were legal at the time and that it can't impose fines on companies based outside the state. It also argues that accurately determining the role of an individual polluter in the damage from climate change is impossible.

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Anthony Iarrapino, a lobbyist with the Conservation Law Foundation, called the lawsuit the fossil fuel industry's way of "trying to avoid accountability for the damage their products have caused in Vermont and beyond," according to the AP.

Why is the outcome of this suit important?

If Vermont's law takes effect as written, the state would be able to collect funds to address major problems caused by an overheating world. It could use the money to repair and upgrade infrastructure such as roads and stormwater management systems, make changes to sewage treatment plants, and weatherize public and private buildings, all of which would help the state recover from past disasters and prepare for future ones.

However, if the suit against Vermont is successful, it could set a precedent that would prevent other states and municipalities from holding fossil fuel companies accountable, meaning they could continue to pollute without considering the consequences to the public.

What's being done about holding polluters accountable?

For the moment, more states are working on "polluter pays" legislation. New York passed a similar law in December.

"More states are following Vermont's lead holding Big Oil accountable for the disaster recovery and cleanup costs from severe storms fueled by climate change, ensuring that families and businesses no longer have to foot the entire bill time and time again," Iarrapino said.

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