DISASTERSClimate Disasters Are on the Rise. These States Want to Make Oil Companies Pay.
State “climate Superfund” laws have sparked a legal brawl with fossil fuel groups.
For many California residents, the Los Angeles wildfires earlier this year were the latest and most searing example of the devastating effects of climate change. Some estimates have pegged the damages and economic losses from the fires at more than $250 billion.
“We’ve had disaster after disaster after disaster,” said Assemblymember Dawn Addis, a Democrat. “It’s the taxpayers and the insurance ratepayers that are bearing the cost. It’s not sustainable, it’s not right and it’s not ethical.”
Addis and Democratic lawmakers in nearly a dozen other states want to force the world’s largest fossil fuel companies to help pay for the recovery costs of climate-related disasters. Last year, Vermont became the first state to pass a “climate Superfund” law, followed soon after by New York.
This session, 10 states have seen similar proposals, several of which have advanced in key committees. Advocates point to legislation in Maryland that has drawn support in both chambers, as well as to strong grassroots support in California after the Los Angeles wildfires.
Lawmakers say the rapidly increasing cost of climate disasters — from wildfires to floods to sea level rise — is more than state budgets can bear.
“Climate Superfund is the ‘it girl’ policy of the [2025] session,” said Ava Gallo, climate and energy program manager with the National Caucus of Environmental Legislators, a forum for state lawmakers. “There’s a lot of popularity in the idea of holding polluters responsible.”
The momentum for these “polluter pays” bills is tied to the maturation of attribution science. That new field of research can help calculate fossil fuel companies’ contributions to historic emissions totals, as well as the role climate change played in causing or worsening natural disasters.
Vermont’s law was the first attempt to use that science to charge emitters for their role in causing devastating floods and other catastrophes.
Fossil fuel companies and their allies have fought back hard. Late last year, the American Petroleum Institute and the U.S. Chamber of Commerce filed a lawsuit challenging Vermont’s measure. The groups argue that emissions are governed by the federal Clean Air Act, precluding states from charging companies over global pollution.
Neither group responded to a Stateline interview request. The Independent Petroleum Association of America also declined an interview request.
