Climate Superfund Legislation
Climate Superfund legislation requires major fossil fuel companies to help pay for climate change impacts. This legislation is based on the idea that companies most responsible for greenhouse gas emissions should contribute to funding climate adaptation and resilience efforts. States use historical emissions data to determine company responsibility. Collected funds are placed into state-managed funds dedicated to addressing climate-related damage.
Several states have taken action to pass climate Superfund laws:
- Vermont, 2024: The Climate Superfund Act (S 259) established a framework to recover costs associated with climate change impacts within the state.
- New York, 2024: The Climate Change Superfund Act (2129-B/A.3351-B) will collect billions of dollars over decades from large fossil fuel producers to support statewide climate adaptation projects.
- Maryland, 2025 passed legislation, Climate Change Adaptation and Mitigation: Total Assessed Cost of Greenhouse Gas Emissions – Study and Reports, (HB128/SB149) to conduct an expert study (due by 12-2026) to determine state budget impacts of climate change and project adaptation costs re flooding, extreme heat, sea-level rise, saltwater intrusion.
- California has pending legislation in the 2025-26 session, Polluters Pay Climate Superfund Act (CA SB684) which would enable the California EPA to determine costs of climate damages and identify responsible parties based on emissions since 1990.
Superfund Impacts
Instead of relying solely on public funds, states can use superfund revenue to pay for infrastructure upgrades including flood defenses, stormwater systems, and heat mitigation projects, which better prepares communities for extreme weather events while reducing strain on state and local budgets.
Superfund legislation can deter fossil fuel companies from operating in dangerous and reckless ways, incentivizing adoption of cleaner industrial practices, and advancing sustainable, climate-mitigating standards.
By shifting the financial responsibility for climate adaptation and recovery efforts from the taxpayer to the largest greenhouse gas emitters, we make public funds available to advance climate justice. This keeps the responsibility for climate degradation on big polluters who damage it the most.
Legislation would yield broad societal benefits by reducing greenhouse gas emissions at their source while enhancing community resilience. Lower risk of climate-driven disasters eases financial strain on homeowners, helps stabilize insurance costs, and enables flood protection investment and other adaptation measures that secure homes and livelihoods. These measures increase access to healthcare, particularly in underserved and rural areas where climate impacts have widened disparities, improving physical health outcomes.
Updated January 2026