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global warming
Vermont Sued for New Law Requiring Big Oil to Pay for Climate Damage
'For too long, giant fossil fuel companies have knowingly lit the match of climate disruption'
Jan 05, 2025
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)
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Look Up: The Scariest Part When We See the Big, Big, Big Picture
As a new study once more makes clear, raising the temperature is by far the biggest thing humans have ever done; our effort to limit that rise must be just as large.
Oct 23, 2024
This is “Climate week” in New York City, and my inbox has been awash recently in the latest press releases about start-ups and noble initiatives and venal greenwashing. Much of it’s important, and I’ll get to some of it later, but there’s a big new study that came out last week in Science that sets our crucial moment in true perspective. Let’s step back for a moment.
This new study—a decade in the making and involving, in the words of veteran climate scientist Gavin Schmidt “biological proxies from extinct species, plate tectonic movement, disappearance in subduction zones of vast amounts of ocean sediment, and interpolating sparse data in space and time”—offers at its end the most detailed timeline yet of the earth’s climate history over the last half-billion years. That’s the period scientists call the Phanerozoic—the latest of the earth’s four geological eons (we’re still in it), and the one marked by the true profusion of plant and animal life. It’s a lovely piece of science, and it’s lovely too because it reminds us of all we’re heir to in this tiny brief moment that marks the human time on earth. So staggeringly much—strange and extreme and fecund—has come before us.
But it’s also scary as can be, for two big reasons.
The first is that it shows the earth has gotten very very warm in the past. As the Washington Post explained in an excellent analysis yesterday, “the study suggests that at its hottest the Earth’s average temperature reached 96.8 degrees Fahrenheit (36 degrees Celsius).” Our current average temperature—already elevated by global warming to the highest value ever recorded—is about 60 degrees Fahrenheit, or 15 degrees Celsius. For most of the 500 million years the study covers, the earth has been in a hothouse state, with an average temperature of 71.6 Fahrenheit, or 22 Celsius, much higher than now. Only about an eighth of the time has the earth been in its current “coldhouse” state—but of course that includes all the time that humans have been around. It is the world we know and we’re adapted to.
In every era, it’s increases in carbon dioxide that drive the increases and decreases in temperature. “Carbon dioxide is really that master dial,” Jess Tierney, a climate scientist at the University of Arizona and co-author of the study, said. And so the study makes clear that the mercury could go very high indeed as humans pour carbon into the sky. We won’t burn enough coal and oil and gas to reach the very highest temperatures seen in the geological record—that required periods of incredible volcanism—but we may well double the amount of carbon in the atmosphere, and this study implies that the fast and slow feedbacks from that could eventually drive temperatures as much as eight degrees Celsius higher, which is more than most current estimates. Over shorter time frames the numbers are just as dramatic
Without rapid action to curbgreenhouse gas emissions, scientists say, global temperatures could reach nearly 62.6 F (17 C) by the end of the century — a level not seen in the timeline since the Miocene epoch, more than 5 million years ago.
Now, you could look at those numbers and say: well, the earth has been hotter before, so life won’t be wiped out. And that’s true—there’s probably no way to wipe out life, though on a planet with huge numbers of nuclear weapons who knows. But these temperatures are much higher than anything humans have experienced, and they guarantee a world with radically different regimes of drought and deluge, radically different ocean levels and fire seasons. They imply a world fundamentally strange to us, with entirely different seasons and moods—and if that doesn’t challenge bare survival, it certainly challenges the survival of our civilizations. Unlike all the species that came before us, we have built a physical shell for that civilization, a geography of cities and ports and farms that we can’t easily move as the temperature rises. And of course the poorest people, who have done the least to cause the trouble, will suffer out of all proportion as that shift starts to happen.
But that’s not the really scary part. The really scary part is how fast it’s moving.
In fact, nowhere in that long record have the scientists been able to find a time when it’s warming as fast as it is right now. “We’re changing Earth’s temperature at a rate that exceeds anything we know about,” Tierney said.
Much much much faster than, say, during the worst extinction event we know about, at the end of the Permian about 250 million years ago, when the endless eruption of the so-called Siberian traps drove the temperature 10 Celsius higher and killed off 95 percent of the species on the planet. But that catastrophe took fifty thousand years—our three degree Celsius increase—driven by the collective volcano of our powerplants, factories, furnaces and Fords—will be measured in decades.
Our only hope of avoiding utter ruin—our only hope that our western world, in the blink of an eye, won’t produce catastrophe on this geologic scale—is to turn off those volcanoes immediately. And that, of course, requires replacing coal and gas and oil with something else. The only something else on offer right now, scalable in the few years we still have to work with, is the rays of the sun, and the wind that sun produces, and the batteries that can store its power for use at night.
Another new analysis this week, this one from the energy thinktank Ember, shows that 2024 is seeing another year of surging solar installations—when the year ends there will be 30% more solar power on this planet than when it began. Numbers like that, if we can keep that acceleration going for a few more years, give us a fighting chance.
That’s what all those seminars and cocktail parties and protests in New York over this week will ultimately be about—the desperate attempt to keep this rift in our geological history from getting any bigger than it must. As this new study once more makes clear, raising the temperature is by far the biggest thing humans have ever done; our effort to limit that rise must be just as large.
We need to stand in awe for a moment before the scope of earth’s long history. And then we need to get the hell to work.
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Helene and Milton Prove It's Time to Make Polluters Pay for Climate Disasters
Recent polling shows that 70% of US voters support making oil and gas companies pay their fair share for these fossil fuel-driven catastrophes. What are we waiting for?
Oct 10, 2024
“There would be much more violent weather – more storms, more droughts, more deluges.”
That prophecy isn’t from the Book of Revelation, but from a confidential 1989 Shell Oil memo the company commissioned to better understand what global warming could mean for their business in the decades to come.
Today, the sentence reads like a daily weather report. In the last few weeks, we’ve seen the devastation wrought by Hurricane Helene, a “deluge” that wiped out entire towns and sent homes and semi-trucks spiraling down rivers of mud, and now Hurricane Milton, one of the strongest hurricanes ever recorded. In Nepal, extreme flooding there has claimed over more than 200 lives and left parts of the capitol underwater. Meanwhile, the Amazon is facing its “worst drought on record,” further endangering what scientists have referred to as the “lungs of the world.”
“Civilisation could prove a fragile thing,” wrote the authors of the 1989 Shell memo. Indeed. As we’ve seen over the last few months, even supposed climate havens, like Asheville, NC, have been undone by extreme weather. We’ve entered an age where our civilization, no matter where we live, will likely be in need of constant upkeep and repair in the face of ever worsening climate disasters. Rebuilding our communities, and strengthening them for the challenges ahead, will be an ongoing struggle for generations to come.
For more than 70 years the fossil fuel industry has continued to rake in profits without paying a single dollar for the damage they knew their product was causing to our climate and communities.
Which raises the question: how are we going to pay for all of this? Early estimates put the damage of Hurricane Helene at over $200 billion and Hurricane Milton at $175 billion, astronomical figures that still can’t begin to calculate the cost of the lives lost and communities upended. That’s on top of the more than $150 billion a year the US government estimates Americans are already paying for extreme weather events. And that’s a low end estimate. According to a study released earlier this year in Nature concluded that the cost of climate damages to the global economy could reach $38 trillion a year by 2050.
Right now, those costs are coming out of one place in particular: our pockets. Even if your home hasn’t been washed away by a flood, you’re likely paying more for your home insurance due to others that have. Even if your farm hasn’t been wrecked by drought, you’re now paying more for your groceries at the supermarket. The dollars your town had set aside for a new school? They’re now being spent to rebuild roads or repair a bridge that got wiped out by yet another “100-year” flood.
Faced with these ever mounting costs, some local leaders are turning to a different solution: making polluters pay their fair share for the damage they’ve done. After all, that 1989 Shell memo isn’t the only example that fossil fuel companies knew exactly the consequences of the ongoing use of their product. As early as the 1950s, oil and gas companies knew about the dangers of global warming, but instead of warning the public and moving to clean energy, they went on to spread lies and disinformation to protect their profits.
Put another way, for more than 70 years the fossil fuel industry has continued to rake in profits without paying a single dollar for the damage they knew their product was causing to our climate and communities. Instead, they’ve very intentionally “externalized” those costs onto the rest of us, not only in the form of climate impacts, but in terms of our health, local environments, and more.
Now the bill is coming due. This May, Vermont became the first state in the country to pass a Climate Superfund Act that will make oil and gas companies pay into a fund that can be used for climate adaptation and disaster response. Five other states are debating similar legislation, including in New York, where legislators passed a climate superfund bill in June and are now waiting on Governor Kathy Hochul’s signature (last week, activists delivered more than 127,000 signatures to the Governor’s office demanding she stop dragging her feet and sign the bill into law). In September, Senator Van Hollen and Representative Jerry Nadler introduced a federal Climate Superfund bill that would collect $1 trillion from oil and gas companies to be used for relief and resiliency efforts nationwide.
The push for state and federal climate superfund bills is running in parallel to the now dozens of city, state, county, and Tribal governments who have filed lawsuits against the fossil fuel industry for climate lies and damages. These lawsuits could recoup even more money from oil and gas companies for damages, as well as uncover yet more evidence of their ongoing fraud and deception. In addition to these civil cases, some experts and attorneys are now proposing bringing criminal charges against oil companies for the “wrongful deaths” associated with extreme weather events (expect to hear more about climate homicide in the months ahead).
The devastation caused by Hurricanes Helene and Milton, and similar climate disasters around the world, demands more of a response than the “thoughts and prayers” offered by politicians still in the pocket of Big Oil. Recent polling shows that 70% of US voters support making oil and gas companies pay their fair share for climate damages. It’s time for our leaders to answer that call and make polluters pay.
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