Amidst New Jersey's ongoing recovery from the summer's storms, Fossil Fuel Industries challenge the legislation known as the 'Climate Superfund'.
In a significant move towards addressing climate change and its impacts, New Jersey has proposed the New Jersey Climate Superfund Act. The Act, if passed, would set a specific limit for the amount of carbon emitted by individual companies between 1995 and the year it takes effect.
The bill has been advanced by committees in both chambers of the Democrat-controlled legislature, and was sponsored by Senate Environment Committee Chair Bob Smith and Committee Co-chair Senator Linda Greenstein. If passed, New Jersey would become the third U.S. state to seek compensation for climate-related damages from companies that are alleged to be responsible for their long-term sale of gasoline and other petroleum products, following Vermont and New York.
The recent severe storms in Plainfield, New Jersey, have highlighted the urgency of this legislation. The city has issued $5 million in bonds to help pay for repairs to public property following the storms, but the actual cost of repairs is expected to far exceed this amount. A benefit concert raised $95,000 to help those whose homes were damaged, but this sum is unlikely to cover the full cost.
Climate activist Ben Dziobek sees the storms and their fatalities in Plainfield as a reminder of the Trump administration's climate denial and the need for corporations to contribute to the costs of past climate damage and future resiliency. Plainfield officials attribute the recent storms to a changing weather pattern and believe that climate change plays a significant role.
The funds from the Climate Superfund would be spent on adaptation and resilience projects such as seawall construction and wetlands restoration. The State Treasurer, under the Act, would assess damages from greenhouse gas emissions and direct emitters to compensate the state for those damages.
Vermont was the first state to pass a Climate Superfund Law in May 2024, followed by New York in December. State legislators in California, Maryland, and Massachusetts are also considering climate superfund laws.
The Climate Revolution Action Network, led by Dziobek, advocates for the passage of the Climate Superfund Act. Compensation may total $1-2 billion per year or approximately $40 billion over 25 years, according to state Sen. John McKeon.
However, the road to passing the Act is not without challenges. Both Vermont and New York have faced lawsuits by the Trump administration, the American Petroleum Institute, and the U.S. Chamber of Commerce. Plainfield officials would like to increase the capacity of a retention basin to absorb increased stormwater, but funding is required for this project.
As the impacts of climate change become increasingly apparent, the New Jersey Climate Superfund Act represents a crucial step towards holding corporations accountable for their contribution to the climate crisis and funding much-needed adaptation and resiliency projects.
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