Trump administration sues Vermont climate Superfund
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- Vermont passed the Climate Superfund Act in May 2024, allowing the state to recover financial damages from fossil‑fuel companies for climate impacts and fund adaptation projects.
- Trump administration filed a suit in September 2025 in federal district court in Vermont, seeking to strike down the Climate Superfund Act and arguing it oversteps state authority and clashes with U.S. foreign policy.
- U.S. Department of Justice attorney Riley Walters said the case concerns Vermont’s attempt to subject global energy production to Vermont law, violating the constitutional division of power.
- Conservation Law Foundation and the Northeast Organic Farming Association of Vermont defended the law, asserting that fossil‑fuel companies must pay their fair share for storm damage and climate adaptation.
- Make Polluters Pay poll shows 77% of likely voters support requiring oil and gas companies to pay for climate‑damage costs.
- Vermont has incurred over $1 billion in damage from recent floods and storms, prompting the need for the Superfund to fund infrastructure hardening and property buyouts.
- New York and Colorado are pursuing similar climate‑superfund legislation, with New York planning to collect $3 billion annually from major oil and gas firms for 25 years.
Why it matters: If the suit succeeds, Vermont and its storm‑hit communities lose a dedicated revenue stream for infrastructure upgrades and property buyouts, while oil and gas firms retain the ability to avoid paying for climate damages. The case also sets a precedent that could stall similar superfund laws in other states.
