Case: United States of America v. State of Vermont

2:25-cv-00463 | U.S. District Court for the District of Vermont

Filed Date: May 1, 2025

Case Ongoing

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Case Summary

This case is about the State of Vermont's "Climate Superfund Act," which aims to hold fossil fuel businesses liable for climate change adaptation projects. The law imposes retroactive, strict liability on companies that have extracted or refined over one billion metric tons of greenhouse gases worldwide. On May 1, 2025, the United States filed this lawsuit in the U.S. District Court for the District of Vermont. The plaintiffs, the United States and the Environmental Protection Agency, sued the…

On May 1, 2025, the United States filed this lawsuit in the U.S. District Court for the District of Vermont. The plaintiffs, the United States and the Environmental Protection Agency, sued the State of Vermont, Governor Philip Scott, the Secretary of the Vermont Agency of Natural Resources, and the Director of the Vermont Agency of Natural Resources Climate Action Office. The plaintiffs alleged that the Clean Air Act preempted the Act, infringed on the federal government's exclusive authority over interstate and foreign commerce, and encroached on the federal government's role in foreign affairs. Judge Mary Kay Lanthier was assigned to the case.

The plaintiffs alleged that the Act attempted to usurp federal power by regulating national and global greenhouse gas emissions. They argued that the Clean Air Act preempted the Act, exceeded Vermont's territorial reach, and interfered with the federal government's exclusive authority over interstate and foreign commerce and foreign affairs. To support these claims, the complaint emphasized that the Clean Air Act established a comprehensive framework for regulating air pollution, delegating authority to the EPA to set nationwide standards for greenhouse gases. The plaintiffs further underscored the federal government's active role in international climate change initiatives, such as the United Nations Framework Convention on Climate Change, as evidence that foreign affairs powers were reserved exclusively to the federal government.

On July 9, 2025, the Northeast Organic Farming Association of Vermont and the Conservation Law Foundation filed a motion for permissive intervention, seeking to join the case as defendants. The motion noted that a similar motion had been granted in a companion case, Chamber of Commerce v. Moore, which also challenged the Act.

This case is ongoing.

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Summary Authors

Scott Shuchart (5/8/2025)

Victoria Tan (8/7/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/70031549/parties/united-states-of-america-v-state-of-vermont/

Attorney for Plaintiff

Esq., Redding C. (Vermont)

Esq., Riley W. (Vermont)

Attorney for Defendant

Esq., Hannah W. (Vermont)

Esq., Jonathan T. (Vermont)

Esq., Laura B. (Vermont)

Attorney for Plaintiff

Esq., Redding C. (Vermont)

Esq., Riley W. (Vermont)

Attorney for Defendant

Esq., Hannah W. (Vermont)

Esq., Jonathan T. (Vermont)

Esq., Laura B. (Vermont)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 2:25-cv-00463	Complaint for Declaratory and Injunctive Relief	May 1, 2025	May 1, 2025 Complaint
24 2:25-cv-00463	Motion to Intervene and Supporting Memorandum of Law	July 9, 2025	July 9, 2025 Pleading / Motion / Brief

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Resources

Title	Description		External URL Date / External URL
Black Farmers FAQ: The history of discrimination against Black farmers and policy initiatives to remedy these inequities. Legal Defense Fund	Black farmers have long faced systemic discrimination by public and private institutions and barriers to economic mobility. Inequities in the administration of government farm programs and discrimina…		https://www.naacpldf.org/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/70031549/united-states-of-america-v-state-of-vermont/

Last updated Aug. 21, 2025, 6:02 p.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT for Declaratory and Injunctive Relief against All Defendants filed by United States Environmental Protection Agency, United States of America. (Attachments: # 1 Civil Cover Sheet)(Cates, Redding) (Entered: 05/01/2025) 1 Civil Cover Sheet View on PACER	May 1, 2025	May 1, 2025 Clearinghouse
	Add and Terminate Judges	May 1, 2025	May 1, 2025 PACER
	Case assigned to Judge Mary Kay Lanthier. (kac)	May 1, 2025	May 1, 2025 PACER
2	REQUEST for Issuance of Summons as to State of Vermont by United States of America, United States Environmental Protection Agency (Cates, Redding) (Entered: 05/13/2025)	May 13, 2025	May 13, 2025 PACER
3	REQUEST for Issuance of Summons as to Philip Scott by United States of America, United States Environmental Protection Agency (Cates, Redding) (Entered: 05/13/2025)	May 13, 2025	May 13, 2025 PACER
4	REQUEST for Issuance of Summons as to Julie Moore by United States of America, United States Environmental Protection Agency (Cates, Redding) (Entered: 05/13/2025)	May 13, 2025	May 13, 2025 PACER
5	REQUEST for Issuance of Summons as to Jane Lazorchak by United States of America, United States Environmental Protection Agency (Cates, Redding) (Entered: 05/13/2025)	May 13, 2025	May 13, 2025 PACER
6	ISSUED Summons as to State of Vermont. (kp) (Entered: 05/14/2025)	May 14, 2025	May 14, 2025 PACER
7	ISSUED Summons as to Philip Scott. (kp) (Entered: 05/14/2025)	May 14, 2025	May 14, 2025 PACER
8	ISSUED Summons as to Julie Moore. (kp) (Entered: 05/14/2025)	May 14, 2025	May 14, 2025 PACER
9	ISSUED Summons as to Jane Lazorchak. (kp) (Entered: 05/14/2025)	May 14, 2025	May 14, 2025 PACER
10	AFFIDAVIT of Service filed by United States Environmental Protection Agency, United States of America. State of Vermont served on 5/19/2025, answer due 6/9/2025(Cates, Redding) (Entered: 05/27/2025)	May 27, 2025	May 27, 2025 PACER
11	AFFIDAVIT of Service filed by United States Environmental Protection Agency, United States of America. Julie Moore served on 5/19/2025, answer due 6/9/2025(Cates, Redding) (Entered: 05/27/2025)	May 27, 2025	May 27, 2025 PACER
12	AFFIDAVIT of Service filed by United States Environmental Protection Agency, United States of America. Philip Scott served on 5/19/2025, answer due 6/9/2025(Cates, Redding) (Entered: 05/27/2025)	May 27, 2025	May 27, 2025 PACER
13	AFFIDAVIT of Service filed by United States Environmental Protection Agency, United States of America. Jane Lazorchak served on 5/19/2025, answer due 6/9/2025(Cates, Redding) (Entered: 05/27/2025)	May 27, 2025	May 27, 2025 PACER
14	NOTICE OF APPEARANCE by Jonathan T. Rose, Esq on behalf of State of Vermont, Philip Scott, Julie Moore, Jane Lazorchak.(Rose, Jonathan) (Entered: 06/06/2025)	June 6, 2025	June 6, 2025 PACER
15	NOTICE OF APPEARANCE by Laura B. Murphy, Esq on behalf of State of Vermont, Philip Scott, Julie Moore, Jane Lazorchak.(Murphy, Laura) (Entered: 06/06/2025)	June 6, 2025	June 6, 2025 PACER
16	NOTICE OF APPEARANCE by Hannah W. Yindra, Esq on behalf of State of Vermont, Philip Scott, Julie Moore, Jane Lazorchak.(Yindra, Hannah) (Entered: 06/06/2025)	June 6, 2025	June 6, 2025 PACER
17	STIPULATED MOTION to Suspend Defendants' Deadline for Responding to the Complaint filed by State of Vermont, Philip Scott, Julie Moore, Jane Lazorchak(Rose, Jonathan) (Entered: 06/06/2025)	June 6, 2025	June 6, 2025 RECAP
18	ORDER granting 17 Motion to Suspend Defendants' Deadline for Responding to Complaint until further order of the court. Proposed Stipulated Discovery Schedule due by 6/23/2025. Signed by District Judge Mary Kay Lanthier on 6/9/2025. (jlm) (Entered: 06/09/2025)	June 9, 2025	June 9, 2025 PACER
	Order on Motion for Miscellaneous Relief	June 9, 2025	June 9, 2025 PACER
19	NOTICE OF APPEARANCE by Riley W. Walters, Esq on behalf of United States of America, United States Environmental Protection Agency.(Walters, Riley) (Entered: 06/18/2025)	June 18, 2025	June 18, 2025 RECAP
20	STIPULATED MOTION to Extend the Deadline for Submitting a Briefing Schedule filed by State of Vermont, Philip Scott, Julie Moore, Jane Lazorchak(Rose, Jonathan) (Entered: 06/20/2025)	June 20, 2025	June 20, 2025 RECAP
21	ORDER granting 20 Stipulated Motion to Extend the Deadline for Submitting a Briefing Schedule. Proposed schedule shall be due no later than June 25, 2025. Signed by District Judge Mary Kay Lanthier on 6/20/2025. (This is a text-only Order.) (kap) (Entered: 06/20/2025)	June 20, 2025	June 20, 2025 PACER
	Order on Motion for Miscellaneous Relief	June 20, 2025	June 20, 2025 PACER
22	STIPULATED MOTION Set Briefing Schedule filed by Philip Scott, Jane Lazorchak(Rose, Jonathan) (Entered: 06/25/2025)	June 25, 2025	June 25, 2025 RECAP
23	ORDER granting 22 Motion to Set Briefing Schedule. Defendants shall file responsive pleading by 8/15/2025, response due by 9/15/2025, reply due by 11/17/2025. The proposed stipulated discovery schedule is due 14 days after any decision made pursuant to this scheduling order. Signed by District Judge Mary Kay Lanthier on 6/27/2025. (jlm) (Entered: 06/30/2025)	June 30, 2025	June 30, 2025 RECAP
24	MOTION to Intervene filed by Northeast Organic Farming Association of Vermont, Conservation Law Foundation. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I)(Asay, Bridget) Filer added and description attachments clarified on 7/10/2025 (law). (Entered: 07/09/2025) 1 Index of Exhibits View on PACER 2 Corporate Disclosure Statement View on PACER 3 Declaration of Oedel View on PACER 4 Declaration of Jones View on PACER 5 Declaration of Daly View on PACER 6 Declaration of Bissex View on PACER 7 Declaration of Hamilton View on PACER 8 Declaration of Malgeri View on PACER 9 Declaration of Palmer View on PACER 10 Declaration of Trautz View on PACER	July 9, 2025	July 9, 2025 Clearinghouse
25	STIPULATED MOTION for Appearance Pro Hac Vice of Adeline Rolnick (Filing fee $ 150 receipt number AVTDC-2098039) filed by Northeast Organic Farming Association of Vermont (Attachments: # 1 Declaration of Rolnick, # 2 Certificate of Good Standing) (Asay, Bridget) Modified on 7/10/2025 to clarify text (sjl). (Entered: 07/09/2025)	July 9, 2025	July 9, 2025 PACER
26	NOTICE OF APPEARANCE by Elena M. Mihaly, Esq on behalf of Conservation Law Foundation.(Mihaly, Elena) (Entered: 07/10/2025)	July 10, 2025	July 10, 2025 PACER
27	NOTICE OF APPEARANCE by Elena M. Mihaly, Esq on behalf of Conservation Law Foundation.(Mihaly, Elena) (Entered: 07/10/2025)	July 10, 2025	July 10, 2025 PACER
28	ORDER granting 25 Motion for Admission Pro Hac Vice of Adeline S. Rolnick, Esq. Signed by District Judge Mary Kay Lanthier on 7/11/2025. (This is a text-only Order.) (jlm) (Entered: 07/11/2025)	July 11, 2025	July 11, 2025 PACER
	Order on Motion for Admission Pro Hac Vice	July 11, 2025	July 11, 2025 PACER
29	STIPULATED MOTION for Appearance Pro Hac Vice of Mitchell Bernard (Filing fee $ 150 receipt number AVTDC-2099653) filed by Northeast Organic Farming Association of Vermont, Conservation Law Foundation. (Attachments: # 1 Declaration of Mitchell S. Bernard, # 2 Certificate of Good Standing)(Asay, Bridget) Attachment descriptions clarified on 7/15/2025 (law). (Entered: 07/14/2025)	July 14, 2025	July 14, 2025 PACER
30	ORDER granting 29 Stipulated Motion for Appearance Pro Hac Vice of Mitchell Bernard. Signed by District Judge Mary Kay Lanthier on 7/16/2025. (This is a text-only Order.) (kap) (Entered: 07/16/2025)	July 16, 2025	July 16, 2025 PACER
	Order on Motion for Admission Pro Hac Vice	July 16, 2025	July 16, 2025 PACER
31	RESPONSE in Opposition re 24 MOTION to Intervene filed by United States of America, United States Environmental Protection Agency. (Walters, Riley) (Entered: 07/23/2025)	July 23, 2025	July 23, 2025 RECAP
32	Notice of Appearance	July 24, 2025	July 24, 2025 PACER
33	Reply to Response to Motion	July 29, 2025	July 29, 2025 RECAP
34	Order on Motion to Intervene	Aug. 8, 2025	Aug. 8, 2025 RECAP
35	Dismiss Case for Lack of Jurisdiction AND Dismiss for Failure to State a Claim 1 Memorandum in Support of Motion to Dismiss View on RECAP 2 Index of Exhibits View on PACER 3 Exhibit A - Act 122 View on PACER 4 Exhibit B - Act 47 Excerpt View on PACER 5 Exhibit C - Walsh Testimony View on PACER 6 Exhibit D - Iarrapino Testimony View on PACER 7 Exhibit E - Mankin Testimony View on PACER 8 Exhibit F - Mankin Slides View on PACER 9 Exhibit G - Mankin Article View on PACER 10 Exhibit H - Mankin Article View on PACER 11 Exhibit I - CPA Complaint View on PACER 12 Exhibit J - Heede Slides View on PACER 13 Exhibit K - Heede Article View on PACER 14 Exhibit L - Jones Slides View on PACER 15 Exhibit M - 2021 Assessment Part 1 View on PACER 16 Exhibit M - 2021 Assessment Part 2 View on PACER 17 Exhibit M - 2021 Assessment Part 3 View on PACER 18 Exhibit N - 2022 NOAA View on PACER 19 Exhibit O - Fourth Assessment View on PACER 20 Exhibit P - Fifth Assessment View on PACER 21 Exhibit Q - Hierl Testimony View on PACER 22 Exhibit R - Vermont Atlas View on PACER 23 Exhibit S - Mitigation Plan Part 1 View on PACER 24 Exhibit S - Mitigation Plan Part 2 View on PACER 25 Exhibit T - Photo View on PACER 26 Exhibit U - Clearview Decision View on PACER 27 Exhibit V - 3M Decision View on PACER 28 Exhibit W - Monsanto Decision View on PACER 29 Exhibit X - Otter Creek Decision View on PACER	Aug. 15, 2025	Aug. 15, 2025 PACER
36	Notice of Appearance	Aug. 21, 2025	Aug. 21, 2025 PACER
37	Admission Pro Hac Vice	Aug. 21, 2025	Aug. 21, 2025 PACER
38	Admission Pro Hac Vice	Aug. 21, 2025	Aug. 21, 2025 PACER
39	Admission Pro Hac Vice	Aug. 21, 2025	Aug. 21, 2025 PACER
40	Leave to File Document 1 Amicus Brief View on PACER	Aug. 21, 2025	Aug. 21, 2025 PACER
41	Proposed Order	Aug. 21, 2025	Aug. 21, 2025 PACER
42	Notice of Docket Entry Correction (PDF)	Aug. 21, 2025	Aug. 21, 2025 PACER