Attorney General Gentner Drummond is observing a major multi-state victory against New York’s Climate Change Superfund Act. The U.S. District Court for the Northern District of New York struck down the act, declaring the law unenforceable.
The Hill reported the court ruled against the law that sought to hold fossil fuel companies accountable for climate change. Brenda Sannes, an appointee of former President Obama, ruled that New York’s “Climate Superfund” law is preempted by federal statutes.
“The Climate Act is an unusual and sweeping statute, designed to address the effects of climate change — a ‘uniquely international problem of national concern,’” Sannes wrote, adding that the act is “beyond the limits of state law” and said, “it is precisely because the Climate Act operates within an area of law ‘in which the federal interest is so dominant’ that it cannot be enforced.”
The law aimed to impose $75 billion in fines to energy producers for prior lawful energy production. Drummond and a coalition of attorneys general challenged the law, and the Trump Administration and attorneys representing the coal, oil and natural gas industries joined the fight. In 2024, New York Gov. Kathy Hochul (D) signed a bill that would hold the companies that have been responsible for the most planet-warming emissions to pay a total of $3 billion a year for 25 years.
“Climate Superfund laws threaten America’s energy independence by punishing energy producers for decades of prior energy production,” Drummond said. “Energy producers have followed the law and should not be hit with crippling, erroneous fines.”
The court held that the Climate Change Superfund Act was “simply beyond the limits of state law.” New York’s law conflicts with federal interests in applying uniform air pollution regulations. The federal Clean Air Act provides exclusive rules for regulating interstate air pollution. New York’s law cannot be enforced because it is inconsistent with the Clean Air Act. The court also ruled that the foreign affairs doctrine preempted the Superfund law’s attempt to regulate international emissions.
Other states in the coalition against the Climate Change Superfund Act are West Virginia, Alabama, Arkansas, Georgia, Idaho, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Dakota, Ohio, South Carolina, South Dakota, Tennessee, Texas, Utah and Wyoming.
Read the order.
