The Trump administration is facing legal challenges to its attempts to dismantle a groundbreaking approach to climate accountability. The Justice Department has asked a judge to invalidate Vermont’s first-of-its-kind 2024 “climate superfund” policy, which requires major polluters to cover damages from their greenhouse gas emissions.
A Contradictory Stance
The administration’s legal argument—that federal law governs greenhouse gas emissions—is now complicated by its own actions. Last month, the Environmental Protection Agency repealed the “endangerment finding,” the scientific basis for federal regulation of those same pollutants. Kate Sinding Daly, senior vice-president for law and policy at the Conservation Law Foundation, summarized the situation: “They’re trying to talk out of both sides of their mouths.”
Legal experts anticipate this contradiction will be a key point of contention in court. The Conservation Law Foundation and the Northeast Organic Farming Association of Vermont have already filed a brief arguing that the administration cannot simultaneously claim the federal government’s authority over emissions while also asserting it lacks the power to regulate them. Similar arguments are expected to arise in other climate lawsuits against major oil companies.
Expanding Legal Battles
New York Attorney General Letitia James has filed a letter supporting both Vermont’s policy and a similar climate superfund law passed in New York last year. The EPA maintains that the Clean Air Act still preempts state greenhouse gas laws, even with the endangerment finding repealed. However, climate and legal experts argue the repeal also removes federal authority over stationary sources of pollution, like power plants.
Other states—Connecticut, Maine, Rhode Island, New Jersey and Illinois—are currently considering similar climate superfund policies. The outcome of the Vermont case could have ripple effects across the country, influencing the viability of these and other climate accountability lawsuits.
Frequently Asked Questions
What is a “climate superfund” law?
Climate superfund laws, passed in Vermont and New York, charge major fossil fuel companies for damages caused by their past emissions.
What was the “endangerment finding”?
The endangerment finding was a scientific determination by the EPA giving federal officials the authority to control greenhouse gas pollutants. It was repealed last month.
What is the Department of Justice arguing in its case against Vermont?
The Department of Justice argues that federal law, not state law, governs greenhouse gas emissions and is asking a judge to invalidate Vermont’s climate superfund policy.
As these legal battles unfold, will the courts side with the Trump administration’s efforts to limit state-level climate action, or will they uphold the right of states to hold polluters accountable for the damage caused by their emissions?
Worth a look