Democrat lawmakers on Wednesday advanced a bill to make oil companies pay for damages from burning fossil fuels over opposition from Republicans that argue the measure will land the state in a protracted lawsuit.
Under the "climate superfund" proposal, Maine would charge some of the biggest oil companies in the world based on their share of fossil fuel extraction or refinement that contributed to greenhouse gas-related costs in the state.
The Maine Department of Environmental Protection estimates storm recovery and funding to prepare for harmful climate change in the future cost the state government $100 million in the last few years.
Bill sponsor State Sen. Stacy Brenner, D-Scarborough, said it was unfair for Maine taxpayers to pay for damages from burning oil and gas. International fossil fuel companies have known for decades that their products were responsible for a warming climate, Brenner added during a Environment and Natural Resources Committee meeting in the State House.
"Major fossil fuel companies have earned hundreds of billions of dollars in profit while the cost of climate change has been borne by the public in flooded roads, damaged fisheries, lost farmland, rising insurance costs and public health impacts," Brenner said.
A small group of activists gathered in the State House earlier in the week, chanting "make polluters pay" and displaying photos of damage from back-to-back winter storms that hammered the state more than two years ago.
Sean Mahoney, senior counsel at the Conservation Law Foundation said that Maine's proposal fits into a history of holding polluters responsible for damages.
"The basis for this bill is a simple truth — you make a mess, you clean it up," Mahoney said.
The 1980 federal superfund law aimed to make companies pay for the cleanup of contaminated industrial sites. Mahoney said the same concept led to national settlements with tobacco and opioid companies for their public harms.
In the case of oil companies, the harms are sea level rise, flooding and deadly storms.
"This bill is really in line with what we've done all along — holding people responsible for actions they knew would harm our communities," Mahoney said.
Jean Guzzetti, a city councilor in Bath said her community is already paying millions of dollars to elevate roads and upgrade vulnerable public water systems in response to more intense flooding. It's time that those responsible start footing the costs, Guzzetti added.
"Because we have already paid; we paid with our flooded downtowns, we have already paid with our washed out working fronts, we have already paid to elevate our submerged roads and upgrade our culverts," Guzzetti said.
But opponents of the bill said it would lead to expensive litigation and increase fuel costs. Oil prices are largely driven by international supply and demand.
State Rep. Michael Soboleski, R-Phillips. warned a Maine climate superfund law would be challenged in court just like measures passed by Vermont and New York. Those states were sued by the fossil fuel industry and the federal government under President Donald Trump after passing very similar laws attempting to hold climate polluters accountable.
"The second this gets passed, we're going to get sued just like Vermont and New York did," Soboleski said. "So we're going to be in an incredible lawsuit that will cost us a small fortune."
The Maine DEP estimates it will cost $4 million to implement the law. Additionally, it will cost "a significant amount" to litigate a case against the state said Maine Office of the Attorney General Danna Hayes in an email.
The bill was voted ought to pass in an 8-4 party line vote. It will be considered by the full legislature later this session.
