Still, lawmakers and advocates behind these bills believe that the law backs them up.
Climate superfund laws are modeled on the federal Superfund program, which was established in 1980 to hold corporations financially accountable for cleaning up soil contamination they had caused. The program was challenged repeatedly, but courts upheld the law time and again — a precedent that is encouraging to proponents of climate superfund legislation.
“You can see why this law was attractive when thinking about greenhouse gas emissions and climate,” said Kirt Mayland, a visiting professor at Vermont Law and Graduate School. “The hope is that courts will provide the same protection as they did for the conventional Superfund.”
The strength of this approach, he said, is that the laws and bills do not target federally regulated emissions, despite opponents’ claims. Climate superfund bills focus not on what’s happening in the atmosphere but rather on what’s happening on the ground: observably flooded towns and storm-damaged businesses.
Opponents have played up concerns that it would be difficult to accurately quantify the contributions greenhouse gases make to climate change and then properly allocate responsibility among multiple parties. Supporters, however, say there are ways to do just that.
The Carbon Majors Database is a collection of data about the historic emissions of 178 of the world’s largest oil, gas, coal, and cement producers, including private and public companies as well as entire countries. Using this information, the growing field of attribution science can connect emissions to climate impacts and even, in some cases, to specific storms, heat waves, or other extreme weather events, said Carly Phillips, a research scientist at the Union of Concerned Scientists.
“The science is really robust around the magnitude and scope of emissions that can be traced,” she said. “It really provides a template to answer those kinds of questions.”
Phillips said that she would welcome engagement and dialogue around the science, but that she is not hearing any good-faith skepticism from opponents. Instead, she sees only a wholesale rejection of attribution science, aimed, she believes, at delaying climate action as long as possible.
The lawsuits targeting New York and Vermont will take some time to resolve, and are likely to end up in the U.S. Supreme Court, Mayland said. In the meantime, neither state has yet assessed any charges under the laws. Still, continuing to push these new bills, even in the face of federal and industry hostility, could increase their eventual chances of success, proponents say.
In Rhode Island, where climate superfund legislation has been introduced for a second year in a row, lawmakers are learning more about how the proposal works, and the idea is gaining support, Boylan said. Ongoing conversations about the idea will help pave the way for adoption when some of the legal questions are resolved, said Connecticut state Rep. Steve Winter, a Democrat who plans to support his state’s climate superfund bill.
“There’s no doubt that legal challenges to Vermont and New York’s legislation create a cloud of uncertainty, but I don’t think that should stop us from advancing the public conversation,” he said. “It’s that important.”
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Great Job Sarah Shemkus & the Team @ Canary Media for sharing this story.
