ANR says Climate Superfund litigation and limited appropriations strain agency legal capacity

Agency leaders told the House Appropriations Committee that litigation tied to the Climate Superfund Act has created sustained demand on ANR’s legal staff and that the one‑time appropriation provided in an earlier fiscal year has not been sufficient for the agency’s needs.

Secretary Julie Moore reminded the committee of a prior one‑time $300,000 appropriation related to the Climate Superfund Act and said the agency has been "holding a bit of this money in reserve" because more significant work will follow once the treasurer’s office completes assigned tasks. Moore added the agency lacks dedicated capacity in its Office of General Counsel to support multiple ongoing cases and is briefing several lawsuits as they move forward.

Moore identified multiple suits being litigated against Vermont in connection with the Superfund effort: an action by the American Petroleum Institute and U.S. Chamber of Commerce, a separate filing by the Department of Justice and EPA, and a multi‑state suit led by 24 Republican attorneys general. She said the cases are progressing on similar timeframes but raise different issues that require agency participation.

The agency also described technical work being used to support potential cost‑attribution under the Superfund approach, including review of large emissions databases (the Carbon Majors dataset and consultant‑retained Industrial Economics work) to inform which emitters might be included in attribution calculations.

Why it matters: Committee members pressed ANR on whether the existing funding and staff structure enable the state to meet litigation and rule‑development needs. Moore warned that the litigation workload, paired with limited general‑fund augmentation to the legal team, is creating strain and that the agency is coordinating with the Attorney General’s office on defense and briefing.

What’s next: Committee staff and ANR agreed to follow up on legal capacity, the treasurer’s role in attribution calculations, and how carryforwards and dedicated funding lines might be used to support litigation‑related needs.