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Sparks

Vermont Is One Signature Away From Making Big Oil Pay for Climate Change

The state’s Republican governor has a decision to make.

Vermont flooding.
Heatmap Illustration/Getty Images

A first-of-its-kind attempt to make fossil fuel companies pay for climate damages is nearly through the finish line in Vermont. Both branches of the state legislature voted to pass the Climate Superfund Act last week, which would hit oil and gas companies with a bill for the costs of addressing, avoiding, and adapting to a world made warmer by oil and gas-related carbon emissions.

The bill now heads to the desk of Republican Governor Phil Scott, who has not said whether he will sign it. If he vetoes it, however, there’s enough support in the legislature to override his decision, Martin LaLonde, a representative from South Burlington and lead sponsor of the bill, told me. “It's a matter of making sure everybody shows up,” he said.

The Superfund Act is one of several actions the Vermont legislature is taking to address climate change this year. Another bill would strengthen the state’s clean electricity target, requiring utilities to source 100% of their electricity from renewable sources by 2035. (Existing law sets the target at 75% renewable energy by 2032.) A third bill pushes forward a number of innovative utility programs, including Burlington Electric Company’s “gasoline superuser” program that would incentivize the people who drive the most to switch to an electric vehicle.

In addition to Vermont, four other states are contemplating climate superfund legislation this year. Climate superfund bills in Maryland and Massachusetts have stalled, but nearly identical policies are still moving through statehouses in New York and California.

All five states have also attempted to sue fossil fuel companies for damages or misleading the public about the dangers of their products or both, but none of the cases has yet made it to trial. The Superfund idea represents a new approach. Oil and gas companies are sure to fight the law in court, but if they do, the burden of proof will fall on them, rather than on the states.

LaLonde, who chairs the House Judiciary Committee in Vermont, helped craft the bill early on, working closely with the legislative council. He wanted to understand the bill’s legal vulnerabilities and any other issues that could hold it up, but ultimately determined it was an entirely defensible concept. The bill is modeled after the federal Superfund law, which gives the Environmental Protection Agency the authority to recover the cost of cleanup of heavily contaminated sites from those responsible for the contamination.

“I think it's fairly straightforward that these companies should pay their fair share of remediation,” LaLonde told me, “They've made billions and billions of dollars selling this product and have caused a lot of damage. And they knew about this. They knew the impacts.”

What’s less straightforward is determining what constitutes a fair share. First, the State Treasurer will be tasked with assessing the cost incurred by Vermont as a result of global emissions from fossil fuels between 1995 and 2024 — Vermont incurred damages estimated at hundreds of millions of dollars from flooding in 2023 alone. The state’s Department of Natural Resources will also have to map out a resilience strategy, which would be funded by proceeds from the Superfund law. The soonest it could begin paying out is 2028, but due to expected legal challenges, even that timeline is unlikely to hold.

“It is a big deal to get moving on this,” said LaLonde. “But boy, we have a long road to go.”

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Sparks

The Mad Dash to Lock Down Biden’s Final Climate Dollars

Companies are racing to finish the paperwork on their Department of Energy loans.

A clock and money.
Heatmap Illustration/Getty Images

Of the over $13 billion in loans and loan guarantees that the Energy Department’s Loan Programs Office has made under Biden, nearly a third of that funding has been doled out in the month since the presidential election. And of the $41 billion in conditional commitments — agreements to provide a loan once the borrower satisfies certain preconditions — that proportion rises to nearly half. That includes some of the largest funding announcements in the office’s history: more than $7.5 billion to StarPlus Energy for battery manufacturing, $4.9 billion to Grain Belt Express for a transmission project, and nearly $6.6 billion to the electric vehicle company Rivian to support its new manufacturing facility in Georgia.

The acceleration represents a clear push by the outgoing Biden administration to get money out the door before President-elect Donald Trump, who has threatened to hollow out much of the Department of Energy, takes office. Still, there’s a good chance these recent conditional commitments won’t become final before the new administration takes office, as that process involves checking a series of nontrivial boxes that include performing due diligence, addressing or mitigating various project risks, and negotiating financing terms. And if the deals aren’t finalized before Trump takes office, they’re at risk of being paused or cancelled altogether, something the DOE considers unwise, to put it lightly.

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The expanded investment tax credit rules are out.

The Treasury Department building.
Heatmap Illustration/Getty Images

In the waning days of the Biden administration, the Treasury Department is dotting the i’s and crossing the t’s on the tax rules that form the heart of the Inflation Reduction Act and its climate strategy. Today, Treasury has released final rules for the Section 48 Investment Tax Credit, which gives project owners (and/or their tax equity partners) 30% back on their investments in clean energy production.

The IRA-amended investment tax credit, plus its sibling production tax credit, are updates and expansion on tax policies that have been in place for decades supporting largely the solar and wind industries. To be clear, today’s announcement does not contain the final rules for the so-called “technology-neutral” clean electricity tax credits established under the IRA, which will supercede the existing investment and production tax credits beginning next year and for which all non-carbon emitting sources of energy can qualify.

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Trump’s OMB Pick Wants to Purge the Government of ‘Climate Fanaticism’

Re-meet the once and future director of the Office of Management and Budget, Russell Vought.

Russ Vought.
Heatmap Illustration/Getty Images, Library of Congress

President-elect Donald Trump spent the Friday evening before Thanksgiving filling out nearly the rest of his Cabinet. He plans for his Treasury secretary to be a hedge fund manager who’s called the Inflation Reduction Act “the Doomsday machine for the deficit”; he’s named a vaccine safety skeptic to lead the Centers for Disease Control and Prevention; and his pick to head the Department of Labor is a Republican congresswoman who may want to ease the enforcement of child labor rules if confirmed.

And — in one of the most consequential moves yet for America’s standing in the fight to mitigate climate change — Trump also named Russ Vought to lead the Office of Management and Budget. The decision comes as no surprise — Vought served as deputy director of the OMB under Trump in 2018 and took over the top job in 2019, serving until the end of Trump’s first presidency. The strategic communications group Climate Power had been sounding the alarm on his potential return to the office since this spring, which included sharing their research on him with me.

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