The Trump administration’s decision to repeal a foundational climate finding has inadvertently armed states like Vermont and New York with new legal tools to defend their groundbreaking climate superfund laws. The US Department of Justice had sought to strike down Vermont’s 2024 law requiring major polluters to pay for past climate damages, arguing that federal law pre-empts state greenhouse gas regulations. However, after the Environmental Protection Agency rescinded the endangerment finding — the scientific basis for federal climate authority — environmental groups contend the administration cannot simultaneously deny its own power to regulate emissions while blocking states from doing so.
“They’re trying to talk out of both sides of their mouths,” said Kate Sinding Daly of the Conservation Law Foundation. In a court filing, the CLF and the Northeast Organic Farming Association of Vermont argued that the rescission undermines the pre-emption claim. “If they are going to say that they don’t have the authority to regulate greenhouse gases, then they can’t possibly pre-empt states from stepping in to do the same thing,” Daly added. The EPA and Justice Department declined to comment on the filing.
The reasoning could also bolster dozens of climate lawsuits filed by cities and states against oil companies. “I expect that the revocation of the endangerment finding will play a prominent role in countering the pre-emption claim in all these cases,” said Michael Gerrard of Columbia Law School. New York Attorney General Letitia James filed a similar letter in federal court this week, defending both Vermont’s policy and a New York climate superfund law passed last year.
The EPA has maintained that its repeal applies only to motor vehicle emissions and that the Clean Air Act still pre-empts state laws. But experts note that the final rule also removed authority over stationary sources like power plants, strengthening the argument that federal law cannot pre-empt state regulations on any sector. “The argument is diametrically opposed to the argument in the endangerment finding repeal,” Daly said. Grace Oedel of the Northeast Organic Farming Association of Vermont warned that “the stakes of the fight to protect climate superfund laws are high,” as federal leadership on climate action falters.
