started · updated
New York Climate Superfund Act struck down by federal judge
A federal judge has struck down New York’s Climate Change Superfund Act, a law designed to collect $75 billion from fossil fuel companies over 25 years to fund climate-resilient infrastructure. Chief U.S. District Judge Brenda Sannes ruled that the legislation is preempted by federal law, specifically the Clean Air Act, which grants the Environmental Protection Agency authority over greenhouse gas emissions.
In her ruling, Sannes noted that the Act conflicts with the need for a uniform national energy policy and the principles of federalism. Additionally, the court found that the attempt to hold foreign fossil fuel producers liable is unconstitutional under the foreign affairs doctrine, as such matters fall under federal jurisdiction.
The law, signed by Governor Kathy Hochul in 2024, would have required major emitters to contribute approximately $3 billion annually starting in 2028. The decision follows challenges from a coalition including 22 Republican state attorneys general, the U.S. Chamber of Commerce, and the U.S. Department of Justice, which argued the law constituted state overreach into federal energy policy.
Entities
Brenda Sannes · Environmental Protection Agency · Kathy Hochul · New York · New York State · U.S. Chamber of Commerce · U.S. Department of Justice · U.S. District Court for the Northern District of New York
Claims
What the coverage asserts, and how many sources carry each claim.
- [● 2 SOURCES] The law would have required fossil fuel companies to pay $3 billion annually starting in 2028. esgnews.com · www.elbalad.news
- [● 7 SOURCES] The Climate Change Superfund Act aimed to collect $75 billion from fossil fuel companies over 25 years. esgnews.com · www.gravel2gavel.com · srnnews.com · www.elbalad.news · www.latimes.com · +2 more
- [● 3 SOURCES] The Department of Justice supported the plaintiffs to protect American energy from state overreach. freerepublic.com · srnnews.com · www.independent.co.uk
- [● 7 SOURCES] The law is preempted by the federal Clean Air Act. esgnews.com · www.gravel2gavel.com · srnnews.com · www.elbalad.news · www.latimes.com · +2 more
- [● 4 SOURCES] Attempts to collect damages from foreign fossil fuel producers are preempted by the foreign affairs doctrine. www.gravel2gavel.com · srnnews.com · www.latimes.com · www.independent.co.uk
- [● 9 SOURCES] New York’s Climate Change Superfund Act is preempted by federal law. conservativeplaylist.com · esgnews.com · www.gravel2gavel.com · srnnews.com · www.elbalad.news · +4 more