Staff Reports
Vermont’s new “climate superfund” law represents a radical escalation of state overreach, endangering the constitutional balance between state and federal authority and threatening the core of America’s energy independence. By retroactively imposing strict liability and massive financial penalties on energy companies for greenhouse gas emissions stretching back decades, Vermont claims the right to rewrite the rules governing the nation’s energy producers—regardless of where those emissions originated. This audacious move comes on the heels of similar legislation in New York and signals a reckless drive by left-leaning states to dictate the terms of American energy policy.
The federal government, led by the Department of Justice, has responded forcefully. DOJ filed for summary judgment to block Vermont’s law, arguing that the federal Clean Air Act already sets the regulatory framework for emissions and that Vermont’s experiment threatens the exclusive federal role in managing airspace, environmental rules, and interstate commerce. The law’s attempt to levy retroactive fines dressed up as climate compensation is simply strategic extortion—an ideologically-driven assault on reliable energy supply that provides work for millions and secures the nation’s security.
Despathy: Vermont’s climate trap
“Passed in 2020, despite the Governor’s veto, the Global Warming Solutions Act (GWSA) sets unrealistic greenhouse gas reductions requirements for our cold, rural state.”https://t.co/8M3hOTsOnz
— Vermont Daily Chronicle (@VTDC802) September 17, 2025
What’s at stake is much bigger than just one state’s crusade. These climate superfund laws would trigger a cascade of lawsuits, disrupt the energy market, and drive up costs for taxpayers, all while ignoring the reality that energy companies are essential for powering homes, fueling the economy, and defending national interests. Such policies veer dangerously close to unconstitutional territory, punishing legal conduct after the fact and undermining federal authority—a precedent that could unravel economic stability nationwide.
Thanks to pro-energy leadership in years past, Americans enjoyed historic levels of energy independence, with lower costs and increased security. Vermont’s actions—cheered on by activists—threaten to undo those gains, sacrificing jobs and economic strength for the lure of green virtue signaling. The very workers who drive the American economy now find themselves targeted by politicians who see environmental activism as a badge of honor rather than a real solution.
The courts must act decisively to reject Vermont’s reckless experiment. The path forward for energy, national security, and constitutional order requires leaders who defend industry, workers, and the rule of law—not surrender to the whims of politicians with an axe to grind against America’s prosperity. States meddling in federal prerogatives put the whole nation at risk, and it’s time for leaders to stand up for those who truly power America.
