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 federal government’s challenge to Vermont’s 2024 Climate Superfund Act. On May 1, 2025, the United States filed this lawsuit against Vermont, its Governor, the Secretary of the Vermont Agency of Natural Resources, and the Director of the Vermont Agency of Natural Resources Climate Action Office in the United States District Court for the District of Vermont. The DOJ challenged the Climate Superfund Act, a 2024 Vermont law that sought to hold fossil fuel companies liable f…

This case is about the federal government’s challenge to Vermont’s 2024 Climate Superfund Act. On May 1, 2025, the United States filed this lawsuit against Vermont, its Governor, the Secretary of the Vermont Agency of Natural Resources, and the Director of the Vermont Agency of Natural Resources Climate Action Office in the United States District Court for the District of Vermont. The DOJ challenged the Climate Superfund Act, a 2024 Vermont law that sought to hold fossil fuel companies liable for their contribution to climate change and its effects. The DOJ argued that such a law was pre-empted by the Clean Air Act and the federal government's control over foreign affairs, that it would constitute unconstitutional regulation by a state of territory outside the state, and that it would violate the Interstate Commerce and Foreign Commerce Clauses. Specifically, the DOJ argued that through the Clean Air Act, the Congress anointed the federal EPA as the regulator of greenhouse gas emissions, and therefore, under the Supremacy Clause, states were pre-empted from regulating greenhouse gas emissions through state law. The DOJ sought judicial declaration that Vermont's Climate Superfund Act was unconstitutional, and to permanently enjoin Vermont from taking actions to implement or enforce the Act.

The case is ongoing.

Summary Authors

Scott Shuchart (5/8/2025)

Victoria Tan (6/21/2025)

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)

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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

Docket

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

Last updated July 16, 2025, 12:15 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

Order on Motion for Miscellaneous Relief

June 20, 2025

June 20, 2025

PACER
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
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

Intervene

1 Index of Exhibits

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2 Corporate Disclosure Statement

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3 Declaration of Oedel

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4 Declaration of Jones

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5 Declaration of Daly

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6 Declaration of Bissex

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7 Declaration of Hamilton

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8 Declaration of Malgeri

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9 Declaration of Palmer

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10 Declaration of Trautz

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July 9, 2025

July 9, 2025

RECAP
25

Admission Pro Hac Vice

July 9, 2025

July 9, 2025

PACER
26

Notice of Appearance

July 10, 2025

July 10, 2025

PACER
27

Notice of Appearance

July 10, 2025

July 10, 2025

PACER

Order on Motion for Admission Pro Hac Vice

July 11, 2025

July 11, 2025

PACER
29

Admission Pro Hac Vice

July 14, 2025

July 14, 2025

PACER

Order on Motion for Admission Pro Hac Vice

July 16, 2025

July 16, 2025

PACER

Case Details