New York cannot enforce $75 billion climate 'superfund' law, US judge rules
The ruling found the law exceeded state authority and conflicted with the federal Clean Air Act, which would have imposed $75 billion in fines.
- On Monday, Chief U.S. District Judge Brenda Sannes ruled that New York cannot enforce its Climate Change Superfund Act, finding federal law preempts the state measure that sought $75 billion from fossil fuel companies.
- West Virginia Attorney General J.B. McCuskey led the successful legal challenge, arguing the state law constituted "overreach" that improperly penalized energy producers under the federal Clean Air Act.
- Sannes found the law "simply beyond the limits of state law," blocking requirements for companies to pay $3 billion annually over 25 years for infrastructure projects including coastal wetlands and stormwater systems.
- Principal Deputy Assistant Attorney General Adam Gustafson welcomed the ruling, while New York Governor Kathy Hochul's office stated it is reviewing the decision to determine next steps for the state's climate agenda.
- This ruling serves as a bellwether for parallel litigation in Vermont, where industry groups have challenged a similar superfund law, raising uncertainty about the future of state-led environmental liability schemes nationwide.
122 Articles
122 Articles
New York Judge Strikes Down State’s Climate Superfund Law
The courts have struck a decisive blow against superfund bills. Chief Judge Brenda Sannes of the U.S. District Court for the Northern District of New York ruled that the 2024 Climate Change Superfund Act that Governor Kathy Hochul signed was unconstitutional, violating the Supremacy Clause and the Clean Air Act. As other states consider their […]
West Virginia-led coalition wins federal lawsuit blocking New York climate law
CHARLESTON – The first multi-state lawsuit led by West Virginia during Attorney General J.B. McCuskey’s first month in office last year resulted in a victory Monday. In a 63-page memorandum decision and order, a U.S. District Court for the Northern District of New York judge granted a summary judgment in favor of a coalition of […]
NY's climate superfund law has been struck down. Is NJ's bill now in trouble?
A man falls off his bike into a flooded street the morning after the remnants of Hurricane Ida drenched the New York City and New Jersey area in 2021. Detractors say it's clear the New Jersey law won't stand up in the courts. [ more › ]
Letitia James Gets Crushed By A Another Big Courtroom Defeat - The American Tribune.com
New York Attorney General Letitia James suffered another major courtroom defeat after a federal judge blocked the state’s $75 billion climate superfund law. Chief U.S. District Judge Brenda Sannes ruled Monday that New York cannot force energy companies to pay for worldwide greenhouse gas emissions under the state’s Climate Change Superfund Act. Sannes found that [...]
Letitia James loses again: Obama judge rules against her $75 billion lawsuit * WorldNetDaily * by Paris Apodaca, Daily Caller News Foundation
Source link New York Attorney General Letitia James A federal judge blocked New York’s $75 billion climate superfund law Monday, ruling the state cannot force energy companies to pay for global greenhouse gas emissions. Chief U.S. District Judge Brenda Sannes — an appointee of former President Barack Obama — sided with a coalition of Republican-led states
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