Climate activists’ national campaign to push superfund bills in state legislatures that target the American energy industry with retroactive financial penalties is continuing to sputter. Just last week saw two more defeats in Illinois and Maine.

The failure of the Illinois “Climate Change Superfund Act” and the Maine State Legislature’s decision to tone its “Climate Superfund Cost Recovery Program” down to a study are representative of the state of the campaign: one in decline. 

These two states join a growing list of states that have rejected the climate superfund bills, including Democratic bastions like California, Oregon, and Virginia. Colorado didn’t even make the deadline for introducing its own long-rumored climate superfund bill this year. 

Down in Democrat-dominated Illinois 

The proposed bill, the “Climate Change Superfund Act”, would have charged major American energy companies to pay into a state fund for climate adaption, based on their activities from between 2000 and 2024. 

Recognizing the wide-reaching implications of the bill, the Illinois Chamber of Commerce, Illinois Manufacturers’ Association, Technology and Manufacturing Association, and Illinois Pipe Trades Association joined the energy industry to push back against the legislation. 

Furthermore, the Illinois Coalition for Legal Reform cautioned that, if passed, the bill would likely face costly legal challenges. Executive Director Katie Reilly warned: 

“We would see taxpayers being forced to shoulder the burden of a law that then is likely to be struck down.” 

New York and Vermont are currently defending their own climate superfund bills in court. 

The failure of the bill is particularly notable, given that it was sponsored by Democratic State House Majority Leader Robyn Gabel. Majority Leader Gabel tried to walk it off, claiming that bills like this usually take more than one year: 

“We kind of felt like, let’s put it out there this year and see who files in opposition? How involved is labor wanting to get? We just want to let people know and start thinking about it, and think about how much it could help us.” 

Modifications in Maine 

In Maine, lawmakers opted to follow in the footsteps of Maryland and tone down a full climate superfund bill that would have imposed retroactive penalties to a study—at a cost of $600,000 to taxpayers. 

While undergoing debate in Augusta, several lawmakers spoke out against the bill for what it is—a guaranteed cost to taxpayers and a likely legal battle. Sen. Joseph Martin (R) warned: 

“This bill prioritizes process over results, creating an expensive report instead of delivering tangible benefits to Maine people.” 

After warning of the potential for legal battles like those seen in Vermont, Rep. Michael Soboleski (R) cautioned that even the study poses risks: 

“This amendment is not a compromise. It is not a reset. It is a strategic deferral of the consequences. It delays action while still steering the future. It avoids responsibility while shaping the next administration’s agenda.” 

Bottom Line 

The failure of climate superfund legislation in Illinois and reduction of Maine’s bill down to a study is just the latest setback for such efforts around the country. A wide range of industries and lawmakers across the country are coming together to oppose these flawed bills.