Governor Phil Scott has urged Vermont legislators to reconsider aspects of the state’s climate change laws, particularly the 2020 Global Warming Solutions Act (GWSA). The governor has specifically called for the removal of a provision that allows private lawsuits to enforce emissions reductions mandates.
The GWSA sets ambitious greenhouse gas emissions targets for Vermont, aiming for a reduction of 26% below 2005 levels by 2025, 40% below 1990 levels by 2030, and 80% below 1990 levels by 2050. To achieve these goals, an appointed Climate Council is tasked with proposing strategies, while the Vermont Agency of Natural Resources must implement rules to meet these targets.
A contentious aspect of the GWSA is its allowance for private entities to sue the state if it fails to meet emissions targets. This could result in significant legal costs being borne by taxpayers. The Conservation Law Foundation (CLF), a Boston-based organization with substantial financial resources, filed the first lawsuit under this provision in late 2024, claiming Vermont will not meet its initial target.
Critics argue that such lawsuits shift policymaking from elected officials to legal and bureaucratic entities. They emphasize that decisions on spending taxpayer money should remain with accountable policymakers. Additionally, court-ordered solutions may not consider all costs and benefits or allow flexibility in approach.
Meeting GWSA targets is expected to be costly. A report from the Vermont Public Utility Commission indicated that implementing a Clean Heat Standard would increase heating fuel prices significantly over ten years while yielding less economic benefit than its cost.
In response to these concerns, some lawmakers have proposed legislation aimed at revising or repealing parts of the GWSA. Representative Jim Harrison introduced H.52 to eliminate the lawsuit clause and make emission reduction targets more flexible. Representative Mark Higley proposed H.62 to repeal the entire act. No legislative action has been taken on these proposals yet.
