Americans for Prosperity Opposes Retroactive Cash Grab Bill, Warns Maine Families Will Pay the Price

Jan 29, 2026 by AFP

Augusta, Maine — Today, Americans for Prosperity (AFP) released the following statement in response to the Joint Committee on Environment and Natural Resources passing L.D. 1870 (S.P. 740), an Act to Establish a Climate Superfund Cost Recovery Program to Impose Penalties on Climate Polluters. This bill, if enacted, would impose billions in retroactive costs on energy producers that would ultimately fall on the Maine taxpayer.

Maine is one of the most energy-dependent states, especially for heating and transportation. Nearly two-thirds of households rely on fossil fuel products for home heating, the highest proportion in the country. Targeting energy producers retroactively could lead to higher costs that will be passed on to households and businesses.

AFP Northeast Region Director Ross Connolly said: 

“State lawmakers once again are pushing legislation that will hurt Maine’s small businesses and families. This misguided bill will drive up energy and everyday costs for working families, and the last thing they need is another policy that will hit their pocketbooks. Requiring at least 35 percent of funds to be distributed using vague income and ‘environmental justice’ standards guarantees abuse with little to no transparency.

“Similar laws in other states have already seen constitutional challenges. If enacted, Maine will face similar litigation and would divert resources from critical infrastructure projects. 

“Affordability is a major concern for the state, and this bill would only raise prices for electricity, heating, transportation, housing, and other goods, while doing virtually nothing to improve the environment. Lawmakers should be focused on policies that will address Maine’s cost-of-living concerns, not on creating new financial burdens.

“We urge the Legislature to reject L.D. 1870 (S.P. 740) and to focus on solutions that will strengthen Maine’s economy, not punish taxpayers with higher energy costs and endless litigation.” 

Similar laws in New York and Vermont have sparked extensive legal challenges, with 22 states and the U.S. Department of Justice challenging them as a violation of the federal Clean Air Act and the U.S. Constitution’s Commerce Clause. If enacted in Maine, the state could face years of costly litigation funded by taxpayer dollars, discourage energy providers from investing in the state, and raise energy costs at a time when Maine families worry about affordability.

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