Vermont climate‑liability law in court
Vermont’s 2024 law aiming to hold fossil fuel companies accountable for climate impacts was tested in federal court on April 1, according to local observers — the case could define how states pursue climate damages claims. Plaintiffs and defenders will likely treat this as a bellwether for state‑level climate accountability strategies. (x.com)
Attorneys argued motions in U.S. District Court in Rutland on March 30, 2026 before Judge Mary Kay Lanthier, who heard competing bids to dismiss the challenges and said she would rule on the motions at a later date. (nrdc.org) The litigation includes a government suit brought by the U.S. Department of Justice and industry suits filed by the American Petroleum Institute and the U.S. Chamber of Commerce, along with a separate action labeled Chamber v. Moore (No. 2:24-cv-01513) in the District of Vermont. (clearinghouse.net) (pillsburylaw.com) Vermont’s statute, called the Climate Superfund Act, imposes retroactive, strict liability on companies that have extracted or refined more than one billion metric tons of greenhouse gases worldwide, according to court filings summarized in the federal case docket. (clearinghouse.net) The state told the court the money raised under the law would fund specific adaptation projects such as stormwater drainage upgrades, sewage treatment plant improvements and road resiliency projects, and cited more than $1 billion in damage from Vermont’s 2023 floods as part of its rationale. (vermontpublic.org) (nrdc.org) The Department of Justice filed a motion for summary judgment on September 16, 2025 asking the court to declare the law unconstitutional and arguing it usurps federal authority over nationwide and global greenhouse gas emissions, a position repeated in DOJ statements by Acting Assistant Attorney General Adam Gustafson. (justice.gov) Conservation Law Foundation and NOFA‑VT mounted a defense for Vermont in court and the state’s attorney Jonathan Rose told the judge the Superfund Act falls within traditional state powers to raise revenue and protect public health and welfare. (clf.org) (vermontpublic.org)
