Nearly a year after catastrophic flooding struck Vermont, the city of Barre confronts the overwhelming task of steeling itself for the next climate disaster.
Vermont
How ruinous floods put Vermont at the forefront of the climate battle
Across the country, state and local leaders are scrambling to find the money they need to protect their communities from worsening disasters fueled by climate change. For Barre, needed flood mitigation projects will cost the city an estimated $30 million over the next five years, Lauzon said.
Yet Vermont has a new answer to this problem.
Earlier this month, it became the nation’s first state to require fossil fuel companies and other big emitters to pay for the climate-related damage their pollution has already caused statewide. While conservative legal experts are skeptical the law will survive challenges, some Vermonters said they are both grateful and a little nervous that one of the nation’s least populous states has picked a fight with one of America’s most powerful industries.
“I’m proud to have this state stand up and say, ‘Look, you need to be held accountable, and you need to help us with the damage we incurred,’” Lauzon said. “But I’m also scared to death. I feel like we’re a pee wee football team going up against the 2020 New England Patriots.”
The Vermont law comes as oil and gas companies face dozens of climate lawsuits, both in the United States and abroad. While none of the state and local lawsuits have gone to trial yet — including Vermont’s own challenge, filed in 2021 — they pose a growing threat and add to the companies’ potential liabilities. If Vermont’s novel approach endures, it could reverberate across the industry.
Republicans are pushing back, arguing that individual states cannot apply their own laws to a global pollutant. Last month, Republican attorneys general in 19 states asked the Supreme Court to block the climate change lawsuits brought by California, Connecticut, Minnesota, New Jersey and Rhode Island against fossil fuel companies.
Vermont’s law authorizes the state to charge major polluters a fee for the share of greenhouse gas emissions they produced between 1995 and 2024. It is modeled on the 1980 federal Superfund law, which forces polluting companies to clean up toxic waste sites.
The law doesn’t spell out how much money should be paid; instead, it tasks the state treasurer with assessing the damage Vermont has suffered from climate change and what it will cost to prepare for future impacts. The final tally is expected to be comprehensive, factoring in an array of possible costs from rebuilding and raising bridges and roads to lower worker productivity from rising heat.
Bills similar to Vermont’s have been introduced in several states, including California, Maryland and Massachusetts. Last week, New York lawmakers passed a climate superfund law that would require polluters to pay $3 billion a year for 25 years. It is now awaiting Democratic Gov. Kathy Hochul’s signature.
The timing of the Vermont law was no accident, said Ben Edgerly Walsh, the climate and energy program director of the Vermont Public Interest Research Group. Memories of last July’s flooding — which inundated the state capitol of Montpelier, damaged thousands of homes and trapped people in small mountain towns — are still fresh.
Over the last year, Vermonters have also endured a freak late-spring frost that damaged crops, hazy skies from smoke blown south from hundreds of wildfires in Canada, and more flooding in mid-December. All these events primed state lawmakers to tackle climate change at the beginning of 2024.
“When we brought this idea to legislators, they came to it with a very open mind in a way that may have taken more time, more convincing, in another year,” Edgerly Walsh said. “But this was a moment we just knew we needed to act.”
As disaster recovery costs mount, it has not been lost on state leaders that oil companies are enjoying massive profits. In 2023, the warmest year on record, the two largest U.S. energy companies, ExxonMobil and Chevron, together made more than $57 billion.
It might seem unlikely for a state like Vermont, with a population just under 650,000, to stand up to the fossil fuel industry. The state’s Republican governor, Phil Scott, expressed skepticism in a letter to the secretary of the Vermont Senate, writing, “Taking on ‘Big Oil’ should not be taken lightly. And with just $600,000 appropriated by the Legislature to complete an analysis that will need to withstand intense legal scrutiny from a well-funded defense, we are not positioning ourselves for success.”
Yet Vermont’s small budget — it has the lowest GDP in the country — means that it feels the rising risks from heavy rains more acutely than wealthier states. A report by Rebuild by Design, a nonprofit that helps communities recover from disasters, found that Vermont ranked fifth nationally in per capita disaster relief costs from 2011-2021, with $593 spent per resident.
The costs are only expected to climb. A 2022 study from University of Vermont researchers predicted that the cost of property damage from flooding alone may top $5.2 billion over the next 100 years.
Ultimately, the governor allowed the law to go into effect without his signature, saying he understood “the desire to seek funding to mitigate the effects of climate change that has hurt our state in so many ways.”
Legal challenges will inevitably follow — the only question is when.
The oil and gas industry’s top lobbying group, the American Petroleum Institute, has said that states don’t have the power to regulate carbon pollution and can’t retroactively charge companies for emissions allowed under the law. It has also emphasized individuals’ responsibility for climate change, noting that Vermont residents use fossil fuels to heat their homes and power their cars. Scott Lauermann, a spokesman for the group, said API is “considering all our options to reverse this punitive new fee.”
“I think the courts are going to have problems with the idea that Vermont can penalize the companies for past actions that were completely legal and the state itself relies on,” said Jeff Holmstead, an energy lawyer who served in the Environmental Protection Agency under George W. Bush. “I’m skeptical this will actually pass muster.”
Supporters and environmentalists involved in drafting the law said they believed they had created a legally defensible way to recover damages from polluters by modeling it after the Superfund law, which has been repeatedly upheld in court. Several legal experts said the state had also taken a more conservative approach than others by requiring a study before assessing companies’ liability, ensuring the fines levied against them are proportional to the amount of damage caused by their products.
Cara Horowitz, executive director of the UCLA School of Law’s Emmett Institute on Climate Change and the Environment, said that, inevitably, fossil fuel companies will challenge any bills Vermont submits for damages. But that is years off, she said, and the industry is likely to move sooner than that.
The lawsuits “will start soon and last a long time,” Horowitz said. “It would surprise me if they don’t preemptively try to undermine the entire exercise by declaring the whole thing unlawful.”
In Barre, Lauzon said he isn’t confident litigation over the law will be resolved in his lifetime. But even if the fossil fuel companies are never made to pay, he said, the law’s passage was the right thing to do.
“I can’t look at the north end, I can’t look at the city of Barre and say no one needs to be held accountable,” he said.
Vermont
Vermont lawmakers plan for the death of the penny – VTDigger
What good is a penny at this point? Penny candy is a thing of the past, and a modern-day penny-pincher wouldn’t get very far if this were their get-rich strategy.
(This newsletter, though, costs you less than a penny. Chip in if you can.)
U.S. mints no longer make pennies, a decision that saves taxpayers an estimated $56 million annually. When the U.S. Treasury Department announced the country would stop minting them, it marked the end of an era — sorta.
Though those pesky copper-colored coins remain in circulation, some businesses, both in Vermont and nationwide, have begun experiencing penny shortages.
Enter H.837. The bill outlines a plan that could allow retailers to phase out the penny by rounding up or down cash transactions to the nearest nickel.
Other states, including Arizona and Indiana, have passed rounding legislation, and a handful of others are considering it. As written, Vermont’s bill wouldn’t require rounding, a similar approach favored in other jurisdictions.
Some Vermont businesses have already adopted rounding. But lobbyists for Vermont businesses say some of their members fear the practice — without explicit state blessing — could open a business up to a lawsuit over alleged unfair and deceptive practices.
Worried or not, rounding will likely become more necessary as pennies get harder to find, Maggie Lenz, a lobbyist for the Vermont Retail and Grocers Association, told the House Commerce and Economic Development Committee Tuesday. She encouraged the state to create a rounding framework, but discouraged lawmakers from making such a program mandatory.
Rep. Tony Micklus, R-Milton, agreed that rounding should be optional, but said the state should mandate a specific rounding framework for the businesses that choose to round.
H.837’s approach, which would round down totals ending in 1,2,6 and 7 cents, and round up totals ending in 3, 4, 8 and 9 cents, would seem to be the fairest to consumers and businesses, those who testified agreed.
But the change is likely not net neutral. Zachary Tomanelli, a consumer protection advocate for the Vermont Public Interest Research Group, cited a Federal Reserve study that indicated rounding could cost consumers $6 million annually nationwide. That’s because businesses price goods in ways that tend to lead to rounding up.
He called the cost modest and said he generally supported the bill.
Despite H.837 not making it past the crossover deadlines, there’s still hope that pennies might make it into Vermont’s currency cemetery. Rep. Michael Marcotte, R-Coventry, the commerce committee’s chair, said his committee could stick the rounding legislation in the Senate’s economic development bill.
That said, you might not want to ditch your pennies quite yet.
In the know
Here are some numbers for you: Between 2012 and 2022, Vermont’s primary care workforce declined by 13%. In that same time period, the specialist workforce grew by 23%. That’s according to testimony Jessa Barnard, with the Vermont Medical Society, gave to lawmakers in the House Health Care Committee Tuesday. She said the numbers are reflective of a trend in medicine nationwide, attributed to the fact that primary care docs often make less but pay the same high cost for medical school as their peers in more specialized roles.
In Vermont, Barnard said that this widening gap is leading to a particularly acute shortage. According to a report her organization put out in 2022, the state needs 115 primary care providers to meet the national benchmark for our population size. That figure includes OBGYNs, pediatricians and family medicine docs. By 2030, as our state’s population grows even older, the Vermont Medical Society expects the state to need 370 more primary care physicians to meet the national benchmark.
— Olivia Gieger
Sen. Alison Clarkson, D-Windsor, spoke with members of the House Commerce and Economic Development Committee Tuesday afternoon about S.327, an economic development bill that supports a number of public resources for business owners across the state.
The bill has had a tough go of it so far.
Clarkson handed out copies of what she referred to as “the actual bill,” which meant the package voted out by her own Senate Economic Development Committee before being “pretty much fully gutted” on its way through the Senate Appropriations Committee.
In a tight budget year, she said, this bill’s focus was on “supporting what works really well” for Vermont businesses. For Clarkson, that means continuing to invest in the initiatives like the Vermont Economic Growth Incentive program, a set of grants to help businesses expand in the state, which is scheduled to end in January. The Senate, she pointed out, has voted to extend the program for several years in a row, most recently through S.327.
“I am charging the House with doing the same thing,” she said.
Clarkson is also in favor of deepening the state’s relationships with outside investors by funding state delegates abroad. Vermont, she argued, should have more well-placed representation in areas like Québec — which this bill would provide for — and in the future Taiwan, which recently pledged to invest heavily in U.S. tech industries.
“We need somebody whose hand is up saying ‘yes, over here!’” Clarkson said.
House commerce members met informally with a delegation from Taipei later Tuesday.
— Theo Wells-Spackman
On the move
The Senate advanced a bill Tuesday that would allow parents in Essex County to pay tuition to send pre-K students to New Hampshire schools.
In Vermont’s most rural county, families struggle to access pre-K programs, at least on this side of the border.
But S.214, legislation originally proposed by Sen. Kesha Ram Hinsdale, D-Chittenden Southeast, would allow for a handful of families near the New Hampshire border in Essex County to tuition their pre-K-aged children to New Hampshire schools, Sen. Steve Heffernan, R-Addison, said on the Senate floor.
Kindergarten through grade 12 are already able to tuition to New Hampshire schools.
The Senate will need to vote on the bill once more before sending it to the House.
— Corey McDonald
Vermont
Vermont’s first-in-nation climate law faces legal challenge
Vermont and the federal government faced off Monday over the state’s first-in-the nation law aimed at forcing polluters to pay for the effects of climate change with the Trump administration warning it would spur “the type of chaos that the Constitution is designed to prevent.”
The hearing before Judge Mary Kay Lanthier of the U.S. District Court for the District of Vermont comes as the administration has unleashed a broad assault on state-based climate efforts, including suing to invalidate the Vermont law establishing a “climate superfund” to recoup money from the oil and gas industry.
The Biden appointee did not tip her hand, pressing attorneys for the state and the federal government over whether the state is within its rights or stepping on federal authority. The administration is challenging a similar law in New York, and a ruling against Vermont would likely jeopardize that law and chill efforts in other states to adopt climate superfunds.
Vermont argued the law — “a modest action” — was passed by state lawmakers in 2024 to help raise money to deal with climate change.
Vermont
Vermont defends climate superfund law in federal court
RUTLAND, Vt. (WCAX) – Attorneys defended Vermont’s landmark climate superfund law on Monday, as it faces a lawsuit filed by the Trump administration.
Vermont lawmakers passed the Climate Superfund Act in 2024 after devastating flooding in 2023 and other extreme weather events.
The law requires certain large fossil fuel companies to help cover the costs of climate-related damage linked to their emissions between 1995 and 2024.
It is being challenged by the federal government, along with the American Petroleum Institute, the U.S. Chamber of Commerce and attorneys general from 24 Republican-led states.
They argue Vermont is overstepping and that climate policy should be handled at the federal level.
Attorneys for Vermont and environmental groups asked a federal judge in Rutland to dismiss those challenges, arguing the state has the right to hold companies accountable.
“It was an intense and technical day of legal arguments over whether the Climate Superfund Act passes muster under federal law, and whether it is appropriate under our Constitution and other doctrines, and is going to survive this series of lawsuits that have been filed against it,” said Christophe Courchesne of the Vermont Law and Graduate School.
Vermont was the first state to pass a law like this. New York followed, and more than 10 other states are considering similar measures.
This case could help decide whether those laws move forward.
Copyright 2026 WCAX. All rights reserved.
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