🔒Maine State Chamber opposes climate superfund legislation

The State Chamber of Commerce is urging Mainers to voice their opposition to a “climate superfund” initiative under review by the Legislature. The Chamber says LD 1870, "An Act to Establish a Climate Superfund Cost Recovery Program to Impose Penalties on Climate Polluters," sponsored by state Sen. Stacy Brenner, D-Scarborough, is “costly, redundant and unnecessary.” Originally introduced as a bill in 2025, LD 1870 has raised concerns across Maine's business community. At least 25 business associations oppose its retroactive fee structure, which the Chamber says would target companies for “activities that are legal, regulated and have long been supported by public policy.” If passed, LD 1870 would direct the Department of Environmental Protection to conduct a study on the costs of emissions from greenhouse gases to the state between 1995 to 2024, according to Ashley Luszczki, government relations specialist with the Chamber. The price tag for the study is estimated to be $600,000. “The department would also need to provide the findings of that assessment to several legislative committees by Jan. 1, 2028, and the Environment and Natural Resources Committee could do new legislation,” Luszczki told Mainebiz. States including New York and Vermont have enacted similar climate superfund laws, which are now tied up in ongoing litigation and Maryland is currently studying the issue. The Chamber contends, “proposals like LD 1870 risk sending the wrong signal to Maine’s business community; that companies providing essential, lawful products can later be subjected to shifting standards and retroactive scrutiny. That kind of uncertainty discourages investment and undermines long-term economic growth.” The Senate tabled it, and it remains on the unfinished business portion of the Legislative calendar.

Supporters

The Natural Resources Council of Maine, which is based in Augusta, supports the legislation. Jack Shapiro, climate and clean energy program director for the organization, gave testimony last May. “LD 1870 would generate funding for climate adaptation projects in Maine, by assessing cost recovery fees on large global fossil fuel companies,” Shapiro said. “The pollution from these fossil fuel companies’ products — largely carbon dioxide — is the primary cause of climate change, which is already impacting Maine, and poses a major threat to Maine’s woods, waters, wildlife, coasts and communities.” “Climate change is already having significant impacts in Maine. Last winter’s storms caused $90 million in damage to public infrastructure alone,” Shapiro said. “These damages should not be borne by Maine taxpayers alone," he added. "LD 1870 puts in place a reasonable structure to assess fees for damages on the largest and most profitable companies in the world, which have benefited tremendously from externalizing the damage their products have created in communities — like those across Maine — for many years.”