24 States Take Legal Action Against New York and Vermont Over Climate Change Laws
A group of 24 states led by Republican officials has filed lawsuits against New York and Vermont. These states are challenging new climate laws that would make fossil fuel companies pay for the costs of climate change. The lawsuits were filed in federal courts on June 13, 2024.
What Are the New Climate “Superfund” Laws?
New York and Vermont recently passed laws that are called “climate superfund” laws. These laws are similar to the federal Superfund program, which forces polluters to pay for cleaning up toxic waste. However, the new state laws go further. They require oil and gas companies to pay billions of dollars for damages caused by climate change and for future projects to help communities adapt to extreme weather.
- New York’s law was signed by Governor Kathy Hochul in April 2024.
- Vermont’s law was signed in May 2024.
- The laws target companies responsible for large amounts of greenhouse gas emissions over many years.
- Funds collected will be used for climate adaptation projects, such as flood control or wildfire prevention.
Why Are So Many States Suing?
The lawsuits are led by Louisiana Attorney General Liz Murrill with support from states such as Texas and Florida. The coalition argues that the laws are unconstitutional for several reasons:
- They punish companies for activities that were legal at the time and may have happened outside of New York and Vermont.
- They try to regulate commerce that crosses state and even international borders, which is a power given only to Congress under the U.S. Constitution.
- The laws apply retroactively, meaning they make companies responsible for emissions from decades ago, which the states say violates the companies’ due process rights.
How Are New York and Vermont Responding?
Supporters of the laws—including environmental groups and state officials—believe that oil and gas companies should pay for the damage they have caused to the environment. They argue that these companies have made huge profits while contributing to climate change and that communities are now paying the price with floods, heatwaves, and other disasters.
New York Attorney General Letitia James said her office would “vigorously defend” the law, adding, “For too long, big polluters have lied about their role in causing the climate crisis while communities across New York have suffered the consequences.”
What Is at Stake in These Lawsuits?
These legal fights are happening as more states and cities across the U.S. try to hold fossil fuel companies responsible for climate change. The outcome could affect:
- Who pays for climate change damages in the future
- The power of states versus the federal government when it comes to regulating companies
- How much money oil and gas companies might have to pay for past emissions
How Much Money Is Involved?
Both New York and Vermont estimate that the costs of climate change damages could reach tens of billions of dollars in the coming years. The new laws require fossil fuel companies to pay into state funds, which will be used for:
- Repairing and upgrading infrastructure
- Protecting communities from extreme weather
- Helping people adapt to rising sea levels and other effects of global warming
What Happens Next?
The lawsuits ask the courts to block the enforcement of the new laws and declare them unconstitutional. New York and Vermont officials have promised to fight back and defend their right to make polluters pay.
This legal battle could shape how the United States deals with climate change in the future. It will decide whether states can make fossil fuel companies pay for climate damages, or if that power belongs only to Congress and the federal government.
The outcome will have a major impact on climate policy, corporate responsibility, and the rights of states to protect their communities.