As the world warms, more and more of New England’s rain is falling in extreme precipitation “events,” so the downpour, though record-breaking, was still in keeping with recent trends. “It’s definitely going to happen again,” Lauren Oates, the director of policy and governmental affairs for the Nature Conservancy in Vermont, predicted a few weeks after what became known as the Great Vermont Flood of 2023.
Lockman and Shumway listed many possible legal arguments that opponents of the act could raise, including that state governments lack the authority to enforce such sweeping measures, that the act unfairly imposes liability retroactively, and that the measure is preëmpted by federal law—in particular, the Clean Air Act. It’s entirely possible, perhaps even likely, that Vermont’s climate superfund will be struck down before it collects a penny.
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