Maine is facing a challenge: how to fund repairs for roads, piers, and other infrastructure damaged by severe storms linked to climate change. To address this, lawmakers are considering a climate superfund act. This would impose fines on major fossil fuel companies responsible for significant greenhouse gas emissions.
Similar laws were introduced in Vermont and New York in 2024, and now Massachusetts, Connecticut, and Rhode Island are looking into their own versions. The proposed Maine bill, L.D. 1870, aims to penalize companies that emitted over 1 billion metric tons of greenhouse gases from 1995 to 2024. The revenue generated would go toward climate resilience and mitigation projects statewide.
This initiative draws inspiration from the federal Superfund program, which was created in 1980 to hold polluters accountable for cleaning toxic waste sites.
Advocates, including Jack Shapiro from the Natural Resources Council of Maine, argue it’s only fair for fossil fuel companies to pay for the impact of their emissions. Shapiro points out that many of these companies knew about the potential harm associated with their products.
“The companies targeted by this bill are the world’s biggest polluters,” he emphasizes. “It’s common sense for them to help tackle the damage caused by stronger storms and heatwaves.”
However, this approach faces pushback. Groups like the U.S. Chamber of Commerce argue these laws are unconstitutional, claiming federal law governs greenhouse gas emissions, not state law. Similar legal battles have arisen in Vermont and New York, where industry groups have challenged the implementation of their climate superfund laws.
As these lawsuits unfold, states argue they are not trying to regulate emissions but rather address costs incurred from past emissions. In Vermont, officials are already beginning the process to assess the financial impact of greenhouse gas emissions from 1995 to 2024. They aim to fund infrastructural repairs and adaptation projects using an approach established by researchers at Dartmouth.
Maine’s proposed law would follow suit. After identifying which companies are responsible for emissions tied to damage in the state, Maine would apply fines proportionately based on those emissions. For instance, companies like ExxonMobil, which operates gas stations in Maine, would be accountable, while others with no business ties to the state might not.
This debate isn’t just about money. It raises critical questions about corporate responsibility and environmental justice. In a recent survey, 64% of Americans expressed support for making corporations responsible for climate change costs, highlighting a growing public sentiment for accountability.
As Maine navigates this legislative landscape, it reflects a broader trend across the nation. States are increasingly trying to hold corporations accountable for climate-related damages. As the impacts of climate change continue to escalate, this conversation will likely evolve, urging a reevaluation of how we manage responsibility for our planet.
This story was originally published by The Maine Monitor.
