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'For too long, giant fossil fuel companies have knowingly lit the match of climate disruption'
The US Chamber of Commerce and the American Petroleum Institute - representing the biggest fossil fuel companies in the world - are suing the State of Vermont over its new law requiring fossil fuel companies to pay a share of the state's damage caused by climate change.
The lawsuit, filed last Monday in the US District Court for the District of Vermont, asks a state court to prevent Vermont from enforcing the law passed last year. Vermont became the first state in the country to enact the law after it suffered over $1 billion in damages from catastrophic summer flooding and other extreme weather.
Vermont’s Attorney General’s Office said as of Friday, Jan. 3, they had not been served with the lawsuit.
The lawsuit argues that the U.S. Constitution precludes the act and that the federal Clean Air Act preempts state law. It also claims that the law violates domestic and foreign commerce clauses by discriminating “against the important interest of other states by targeting large energy companies located outside of Vermont.”
The Chamber and the American Petroleum Institute argue that the federal government is already addressing climate change. Because greenhouse gases come from billions of individual sources, they claim it has been impossible to measure “accurately and fairly” the impact of emissions from a particular entity in a specific location over decades.
“For too long, giant fossil fuel companies have knowingly lit the match of climate disruption without being required to do a thing to put out the fire,” Paul Burns, executive director of the Vermont Public Interest Research Group, said in a statement. “Finally, maybe for the first time anywhere, Vermont is going to hold the companies most responsible for climate-driven floods, fires and heat waves financially accountable for a fair share of the damages they’ve caused.”
The complaint is an essential legal test as more states consider holding fossil fuels liable for expensive global warming-intensified events like floods, fires, and more. Maryland and Massachusetts are among the states expected to pursue similar legislation, modeled after the federal law known as Superfund, in 2025.
New York Gov. Kathy Hochul (D) signed a similar climate bill into law - the Climate Change Superfund Act- on Dec. 26, pointing to the need to fund climate adaptation projects.
Downtown Montpelier, Vermont was under water on Monday, July 10, 2023 caused by the flooding of the Winooski River. (Photo: John Tully for The Washington Post via Getty Images)
Heavy Rains Cause Catastrophic Flooding In Southern Vermont (Photo by Scott Eisen/Getty Images)
Flooding is seen in downtown Montpelier, Vermont (Photo: John Tully for The Washington Post via Getty Images)
As the humanitarian response continues, it is clear that sustained assistance will be needed to help the people of Aweil recover from this latest disaster.
The northern parts of South Sudan, particularly Aweil in Northern Bahr el Ghazal State, has been hit hard by relentless flooding, leaving a trail of destruction in its wake. The floods have had a particularly devastating impact on returnees, many of whom had recently resettled in Aweil after months of displacement due to the ongoing crisis in neighboring Sudan. These returnees, who had begun the slow process of rebuilding their lives, now find themselves displaced once more, their hopes for stability washed away with the floodwaters.
As the water levels rose, entire villages were submerged, and families were forced to flee their homes, taking only what they could carry. Makeshift camps have sprung up in higher areas that remain above water, but these temporary shelters are overcrowded, with inadequate access to clean water, food, and sanitation facilities. The conditions in these areas are dire, and diseases such as malaria and cholera may be easy to spread, exacerbated by stagnant floodwaters and a lack of medical supplies. Many children and elderly are falling ill, compounding the community’s sense of despair.
For the returnees, this disaster is particularly heartbreaking. Having already endured years of displacement and conflict, they had returned to Aweil in search of peace and the chance to rebuild their homes and livelihoods. Many had invested their savings into small farms, hoping to cultivate crops that would sustain them. Now, their fields are underwater, and the crops they were counting on for food and income have been destroyed. Families who had started to find their footing are once again plunged into uncertainty, unsure of where they will sleep or how they will feed their children in the days to come as they continually depend on fish from the flood waters.
For the returnees in particular, the flooding represents a tragic reversal of the fragile progress they had made since returning home. Their resilience and determination, however, remain a source of hope.
Beyond the direct impact on homes and farms, the flooding has also severely damaged infrastructure. Roads, which are critical for accessing essential services, have become impassable, isolating entire communities. Health centers, already under-resourced, are now cut off from those who need them most. Expectant mothers, children suffering from malnutrition, and the elderly are particularly vulnerable, as they can no longer reach health facilities for vital care. In some cases, patients have had to be transported by boat or carried on makeshift stretchers over long distances just to receive basic medical attention.
The road between Malualkon and the rural communities, which serves as the lifeline for delivering food, medical supplies, and other essential goods, is completely submerged in many areas. Vehicles attempting to navigate these roads are frequently stuck or washed away by the strong currents, making it impossible for humanitarian organizations to deliver aid to those in need. This has further compounded the crisis, as displaced families in remote areas are left without access to the relief supplies that could provide some measure of comfort.
The community’s resilience is being tested like never before. Local leaders have been appealing for assistance, but the scale of the disaster is overwhelming. In response, humanitarian organizations have ramped up efforts to provide emergency relief, setting up temporary shelters and delivering food aid. However, the needs far exceed the resources available. Many families remain without adequate shelter, exposed to the elements as they wait for aid to reach them. The long-term impacts of this flooding disaster are likely to be severe. With much of the farmland destroyed, food insecurity looms large over the region. Even as the rains begin to subside, the floodwaters are expected to take months to recede, delaying any attempts at recovery. As a result, displaced families will likely remain in temporary camps for an extended period, facing an uncertain future.
For the returnees in particular, the flooding represents a tragic reversal of the fragile progress they had made since returning home. Their resilience and determination, however, remain a source of hope. With the right support, they may yet find a way to rebuild once more, but the road to recovery will be long and challenging. As the humanitarian response continues, it is clear that sustained assistance will be needed to help the people of Aweil recover from this latest disaster, rebuild their lives, and prepare for the next challenge, as climate-related events like these floods become an ever-more frequent threat to their survival.
I doubt you would want your legacy to read, “USDOT Secretary Pete let the Black Shiloh community and homeowners drown.”
Dear Secretary Pete Buttigieg,
I understand you and your top-level appointed officials at the U.S. Department of Transportation are preparing to leave their positions given the results of the November 5 elections. Again, I am pleading with you to fully resolve the highway flooding problem and secure the funds for binding commitments to cover flood damages to homes, businesses, and property in Elba, Alabama’s historically Black Shiloh community before the Biden-Harris administration comes to an end on January 20, 2025. We have two months to get justice for the Shiloh community. Let’s not fail them. Remember, they have been flooded for six-plus years.
Again, the matter of highway flooding in my hometown of Elba is no stranger to you and the USDOT. On February 27 this year, the Bullard Center sponsored a small delegation of Shiloh leaders to meet with Assistant Secretary Christopher Coes and high-level USDOT officials in Washington, D.C. And on April 3 of this year, you and several high-ranking members of your staff, including Assistant Secretary Coes and Federal Highway Administrator Shailen Bhatt (who has already left FHWA), participated in our “Journey to Justice” tour of the Shiloh community, talked with flood impacted residents, and saw firsthand the devastation left behind by six-plus years of highway flooding. It’s not a pretty picture—a shameful and dark reminder of misuse and abuse of federal transportation tax dollars.
Yes, racism created the highway flooding problem in Shiloh and it will require environmental justice to fix it.
Through no action or fault of their own, Shiloh residents are helpless as their beloved community becomes a small lake after a rainstorm—all due to racism, reckless design, and expansion of U.S. Highway 84 (that began in 2018 by the Alabama Department of Transportation or ALDOT) under the first Trump administration USDOT. And worse, lack of government response to the Shiloh residents’ complaints about flooding and damage to their homes and property add to growing mistrust of government—including restrictive covenants ALDOT attached to residents’ deeds and an unconscionable property settlement agreement that limits the ability of current and future residents to file actions against the state. The persistent flooding is also responsible for causing residents to lose homeowners insurance coverage, making them even more vulnerable to future economic losses due to climate change.
There is an abundance of documentation and irrefutable evidence to show flooding was not a problem in Shiloh before the Alabama DOT (ALDOT) widened U.S. 84 from two lanes to four lanes and elevated it, placing the once-flat land in the Shiloh community in a bowl and forcing stormwater downhill to flood its residents. To understand this highway flooding problem, one need not be a highway planner, engineer, hydrologist, or lawyer. It’s common-sense knowledge that gravity is forcing water downhill—in this case forcing highway stormwater into the Shiloh community.
By applying the widely accepted “polluter pays principle,” it’s clear who caused the problem and where the responsibility for addressing the flooding problem rests. ALDOT caused highway flooding in the Shiloh community and should be tasked with fixing the highway and required to pay for the damages and losses suffered by the Shiloh home, business, and property owners.
The hard-working Shiloh residents deserve better. They should not have their hard-earned tax dollars used to build a highway project that’s destroying their community and stealing their inheritance and intergenerational wealth. It would be shameful and immoral to allow the flooding problem in Shiloh to carry over into the second Trump administration, when it could be fully resolved on your watch under the Biden administration. I doubt you would want your legacy to read, “USDOT Secretary Pete let the Black Shiloh community and homeowners drown.” Yes, racism created the highway flooding problem in Shiloh and it will require environmental justice to fix it.
The October 4 Voluntary Resolution Agreement (VRA) between FHWA and ALDOT was reached on a civil rights discrimination complaint filed by Shiloh homeowners against the tate agency more than two years ago. The VRA represents binding commitments to fix the highway stormwater drainage system. It’s understandable why Shiloh residents see the VRA only as a partial civil rights victory, since the agreement does nothing to resolve or compensate residents for property losses or damaged homes and businesses. This is a textbook example of highway robbery. A just solution requires putting in place binding commitments to fully compensate Shiloh residents for more than six-plus years of flood losses and damages to their homes, businesses, and property, and offering voluntary buyouts and relocation for those who seek it. That’s the just, fair, and equitable thing to do.
Again, it is important the VRA fix the highway stormwater drainage problem. And it is equally important that binding commitments and an agreement to address damaged homes, property, and businesses be reached before this administration ends because it is unlikely the next USDOT under a second Trump administration would be inclined to resolve highway flood damages and losses of Shiloh residents that were caused by ALDOT under the first Trump administration USDOT.
Finally, ALDOT caused the problem and ALDOT should be held accountable to pay for a comprehensive solution—not a “partial fix” as contained in the VRA. The pressure is mounting for Secretary Pete to act as the clock is ticking for you to step up and make the flooded Shiloh community residents whole before this administration’s time runs out for them on your watch. It’s the just thing to do and the right time to do it. And you need to act with the urgency of now! Let’s not have the record show “you left Black people in Shiloh to drown” on your watch.