{"id":285,"date":"2024-07-02T18:34:28","date_gmt":"2024-07-02T22:34:28","guid":{"rendered":"https:\/\/blogs.duanemorris.com\/esg\/?p=285"},"modified":"2026-06-02T10:47:17","modified_gmt":"2026-06-02T14:47:17","slug":"vermont-passes-the-first-of-its-kind-climate-superfund-cost-recovery-program-polluters-to-be-held-strict-liability","status":"publish","type":"post","link":"https:\/\/blogs.duanemorris.com\/esg\/2024\/07\/02\/vermont-passes-the-first-of-its-kind-climate-superfund-cost-recovery-program-polluters-to-be-held-strict-liability\/","title":{"rendered":"Vermont passes the first of its kind Climate Superfund Cost Recovery Program – Polluters to be held Strict Liability"},"content":{"rendered":"

As of July 1, 2024, Vermont’s Climate Superfund Recovery Program (the “CSRP”) has now officially taken effect.\u00a0 After the Legislature passed the CSRP, Governor Phil Scott (R) did NOT<\/strong> veto it, rather he allowed it to become law without his signature.<\/p>\n

The new law, which can be found at \u00a0https:\/\/legislature.vermont.gov\/bill\/status\/2024\/S.259<\/a>, and requires the State Treasurer along with the Agency of Natural Resources, to report, by January 2026, on the costs to residents and the State from greenhouse gas emissions that occurred between January 1, 1995 and December 31, 2024. This comprehensive assessment is intended to include impacts on public health, natural resources, agriculture, economic development, and housing<\/strong>, using federal data to attribute emissions to specific fossil fuel companies.<\/p>\n

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The law creates a polluter-pays<\/em><\/strong> model, targeting companies involved in fossil fuel extraction or crude oil refining linked to over 1 billion metric tons of greenhouse gas emissions during the 1995 to 2024 specified period.<\/strong> Companies that have exceeded the 1 billion metric ton mark are required to pay for their pro rata share of climate adaption measures needed by the State.\u00a0 The funds collected will then be specifically allocated to infrastructure improvements such as roads and bridge upgrades, storm water management and drainage systems, sewer treatment plant upgrades and retrofits and <\/span>energy-efficient building enhancements. <\/span><\/div>\n
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The CSRP takes the position, much like the Federal Superfund laws, that the polluter in this case is <\/span>strictly liable<\/strong><\/em> for its applicable share of costs incurred for climate change adaptation projects. Entities that are part of a controlled group are jointly and severally liable for the applicable costs.<\/span><\/div>\n<\/div>\n

 <\/p>\n

The theory behind the approach to the CSRP is that the companies whom have specifically contributed to greenhouse gas impacts are the ones required to fund necessary upgrades to existing or necessary resiliency infrastructure and other “climate change adaptation projects”<\/strong> as defined under the CSRP.\u00a0 The State Treasurer’s report is required to measure and provide a summary of various costs that have been incurred due to the greenhouse gases that were emitted during the relevant time period and costs that are projected to be incurred in the future within the State to abate the effects of covered greenhouse gas emissions from 1-1-95 through 12-31-25.<\/p>\n

Green Spouts<\/strong>: The CSRP is the first of its kind state law that attempts to hold a polluter strictly liable for past acts that have created a negative impact on the State’s infrastructure and climate adaptability. The CSRP makes any entity or successor company that engaged in the trade or business of fossil fuel extraction or refining crude oil between 1-1-95 and 12-31-24 strictly liable for its share of costs incurred by the State.\u00a0 The emitters are being held responsible for their respective portion of green house gas emissions above the 1 billion metric tons noted above.\u00a0 Interestingly, Vermont is NOT alone here<\/span><\/strong>, as New York, Maryland and Massachusetts<\/strong> are considering similar legislation as well. Whether this type of State Superfund\u00a0 strict liability law gets traction and passage by other states remains to be seen but it is surely an interesting development and one which bears watching, especially in light of the upcoming election.<\/p>\n

Duane Morris<\/strong>\u00a0has an active ESG and Sustainability Team to help organizations and individuals plan, respond to, and execute on your Sustainability and ESG planning and initiatives. For more information, please contact\u00a0Brad A. Molotsky, David Amerikaner, Sheila Rafferty-Wiggins, Alice Shanahan, Jeff Hamera, Nanette Heide, Jolie-Anne Ansley, Robert Montejo <\/strong>or the attorney in the firm with whom you are regularly in contact.<\/p>\n","protected":false},"excerpt":{"rendered":"

As of July 1, 2024, Vermont’s Climate Superfund Recovery Program (the “CSRP”) has now officially taken effect.\u00a0 After the Legislature passed the CSRP, Governor Phil Scott (R) did NOT veto it, rather he allowed it to become law without his signature. The new law, which can be found at \u00a0https:\/\/legislature.vermont.gov\/bill\/status\/2024\/S.259, and requires the State Treasurer … <\/p>\n

Continue reading “Vermont passes the first of its kind Climate Superfund Cost Recovery Program – Polluters to be held Strict Liability”<\/span><\/a><\/p>\n","protected":false},"author":285,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2],"tags":[513,508,514,506,23,440,515,510,509,271,512,511,24,507],"ppma_author":[5],"class_list":["post-285","post","type-post","status-publish","format-standard","hentry","category-general","tag-1-billion-metric-tons","tag-climate-change-adaption-projectts","tag-climate-superfund-recovery-program","tag-csrp","tag-esg","tag-ghg-emissions","tag-infrastructure-improvements","tag-maryland","tag-massachusetts","tag-new-york","tag-polluter-pays","tag-strict-liability","tag-sustainability","tag-vermont"],"authors":[{"term_id":5,"user_id":6,"is_guest":0,"slug":"duanemorris3","display_name":"Duane Morris","avatar_url":"https:\/\/secure.gravatar.com\/avatar\/843ff6e7a8fe5fc92109b47a45f34b6cf0ea499e6e788db23456c838b0ae6747?s=96&d=blank&r=g","0":null,"1":"","2":"","3":"","4":"","5":"","6":"","7":"","8":""}],"_links":{"self":[{"href":"https:\/\/blogs.duanemorris.com\/esg\/wp-json\/wp\/v2\/posts\/285","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/blogs.duanemorris.com\/esg\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/blogs.duanemorris.com\/esg\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/blogs.duanemorris.com\/esg\/wp-json\/wp\/v2\/users\/285"}],"replies":[{"embeddable":true,"href":"https:\/\/blogs.duanemorris.com\/esg\/wp-json\/wp\/v2\/comments?post=285"}],"version-history":[{"count":0,"href":"https:\/\/blogs.duanemorris.com\/esg\/wp-json\/wp\/v2\/posts\/285\/revisions"}],"wp:attachment":[{"href":"https:\/\/blogs.duanemorris.com\/esg\/wp-json\/wp\/v2\/media?parent=285"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/blogs.duanemorris.com\/esg\/wp-json\/wp\/v2\/categories?post=285"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/blogs.duanemorris.com\/esg\/wp-json\/wp\/v2\/tags?post=285"},{"taxonomy":"author","embeddable":true,"href":"https:\/\/blogs.duanemorris.com\/esg\/wp-json\/wp\/v2\/ppma_author?post=285"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}