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| One of Donald Trump's zillions of executive orders specifically targets "climate superfund" laws in Vermont and New York, but whether the order has any legal teeth is entirely another question. |
Trump says the law "extorts" energy producers.
The law would work much like the federal Superfund law that's been around for decades.
Under the Vermont climate superfund law, a company that produces large amounts of carbon dioxide would have to pay a share of what climate change has cost Vermont, based on how much the company contributed to global emissions during the same period
Not long after Vermont adopted its climate superfund law, New York followed suit with a similar law. Trump's executive order takes aim at both states.
Trump's characteristically whiny order states:
"New York, for example, a 'climate change' extortion law that seeks to retroactively impose billions in fines (erroneously labelled 'compensatory payments') on traditional energy producers for their purported past contributions to greenhouse gas emissions not only in New York but also anywhere in the United States and the world.
Vermont similarly extorts energy producers for alleged past contributions to greenhouse gas emissions anywhere in the United States or the globe."
That's not quite right because the laws do take into account the targeted companies' overall emissions, the laws only seek to receive compensation for the expense of climate change in those states.
The executive order is not just about New York and Vermont and their climate superfund laws.
"The document broadly seeks to restrict states' abilities to set local energy policy, particularly policies that support climate action or renewables like solar and wind, or that impeded the development of new domestic energy sources."
With his executive order, Trump is sticking his nose into something that is already being litigated through the courts.
The fossil fuel industry is already suing Vermont and New York regarding this law. In a normal world, without Trump, this would be litigated through the courts to determine whether these climate superfund laws are constitutional or not.
But that's not the world we live in now. King Trump, or so he thinks can just wave his magic orange wand and everybody will just bend to his will.
Until they don't.
Vermont Attorney General Charity Clark, of one, is unimpressed.
She told Vermont Public that Trump's order has no legal teeth and as no bearing on Vermont's enforcement of its own laws.
"The president has a lot of power; he does not have the extent of the power he wishes he had, which is why we see all these executive order that say a lot of words but don't actually do anything.....And this is another one of those examples."
Clark felt compelled to offer this basic elementary school civics lesson to Trump:
"Congress passes the laws. The executive branch, the president, carries out the instructions of Congress, and it's the courts that get to interpret the laws."
There are legitimate legal questions about the Climate Superfund laws, such as whether it interferes with interstate commerce. The fossil fuel industry also questions whether companies should be held responsible for the actions of society at large.
Under the executive order, U.S. Attorney General Pam Bondi has about two months to simple a report and recommend actions to prevent states from engaging in climate policy she deems illegal.
Again, that's really up to the courts and not Bondi or Trump to decide. We hope. But there will be court appeals, no matter what happens.
The fossil fuel industry is not just relying on the courts. It appears that Trump's executive order has to do with a meeting oil executive had with Trump earlier this year. In that meeting, they asked Trump for help in fighting the Vermont and New York climate superfund laws, as the Washington Post reported in March.
Apparently, the oil executives got what they wanted.
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