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Phl Mag > Blog > News > New Jersey lawmakers consider holding oil companies accountable for natural disaster costs
New Jersey lawmakers consider holding oil companies accountable for natural disaster costs
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New Jersey lawmakers consider holding oil companies accountable for natural disaster costs

Phl Mag
Last updated: 2024/09/03 at 4:06 PM
By Phl Mag 6 Min Read
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Climate Change Policies Shift Gears: What Vermont & Other States Have in Store

Climate change poses a significant threat, and states are starting to take innovative steps to address the damages caused by natural disasters worsened by this global phenomenon. Vermont is leading the charge with a groundbreaking approach: charging fossil fuel companies to cover the costs associated with climate change-related disasters.

This initiative has caught the attention of other states like New York, where similar measures have been introduced and are awaiting further action. Legislators in California, Maryland, Massachusetts, and New Jersey are closely monitoring these developments, signaling a potential shift in climate policies nationwide.


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“We’re certainly hoping that Vermont will be in good company soon,” said Ben Edgerly Walsh, climate and energy program director with the Vermont Public Interest Research Group, an environmental nonprofit.

The so-called climate Superfund measures draw inspiration from the “polluter pays” concept of the federal Superfund law of the 1980s, designed to address toxic waste sites. These state proposals aim to hold fossil fuel companies accountable for their emissions’ role in exacerbating climate change, thereby generating funds to mitigate the damages caused by disasters like floods, wildfires, and droughts.

While the potential benefits are immense, these measures are likely to face legal challenges from the oil and gas industry, raising concerns among some state leaders. The fear of costly legal battles and threats of higher gas prices have put some lawmakers on edge, even though advocates argue that these policies will not burden consumers.

Legislators and advocates are optimistic about the progress made in Vermont and New York, as these efforts serve as a catalyst for similar actions in other states. However, a veto from New York Governor Kathy Hochul could dampen this momentum, underscoring the high stakes involved.

Vermont Spearheads Climate Justice

The new law in Vermont, in effect since July 1, mandates that the state treasurer assess the damages from climate change-induced disasters and the costs of adapting to changing conditions. Fossil fuel companies are required to financially contribute based on their historical emissions’ impact on climate change, following a “polluter pays” principle.

These laws are supported by attribution science, a burgeoning field using computer modeling to determine the link between climate change and natural disasters. Advocates argue that the oil industry’s awareness of the risks associated with their products warrants retroactive liability for their role in exacerbating climate change.

The bill in Vermont passed with significant bipartisan support, with Governor Phil Scott allowing it to become law despite his concerns about potential legal expenses. Meanwhile, the oil industry challenges the legitimacy of attribution science and contests states’ authority to penalize them for their activities.

While legal battles loom on the horizon, advocates are gearing up for a fight and seeking broader support to uphold these pioneering measures.

Hochul’s Decision Looms

Following Vermont’s lead, New York legislators approved a similar bill aiming to collect funds from fossil fuel companies to cover climate change-related costs. The bill, if signed by Governor Hochul, could pave the way for similar actions in other states.

The biggest hurdle faced by proponents of these measures is the fear of legal showdowns with the powerful oil industry. Governor Hochul’s decision on the bill remains pending, with advocates anxiously awaiting her stance on this landmark legislation.

With the clock ticking, Governor Hochul’s potential veto could have far-reaching implications, affecting the trajectory of climate policy nationwide. As other states await New York’s decision, the future of climate justice hangs in the balance.

States on Standby

As New York deliberates, states like Massachusetts are observing closely, awaiting momentum from these pivotal decisions to inform their own climate policies. The potential for widespread adoption of similar measures across the country hinges on the outcomes in Vermont and New York.

Legislators in California, Maryland, and New Jersey have already proposed comparable bills, signaling a collective shift towards climate justice. The success of these initiatives in spearheading climate action is crucial for inspiring other states to follow suit in combating the climate crisis.


Stateline is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Stateline maintains editorial independence. Contact Editor Scott S. Greenberger for questions: info@stateline.org. Follow Stateline on Facebook and X.

New Jersey Monitor is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. New Jersey Monitor maintains editorial independence. Contact Editor Terrence T. McDonald for questions: info@newjerseymonitor.com. Follow New Jersey Monitor on Facebook and X.

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Phl Mag September 3, 2024 September 3, 2024
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