A federal judge has once again dealt a blow to New York’s ambitious climate accountability law, ruling that it violates the U.S. Constitution. This marks the second time a court has struck down the measure, known as the Climate Change Superfund Act.
The law, passed by New York lawmakers, was modeled loosely on the federal Superfund program from the 1980s, which requires companies responsible for toxic pollution to pay for cleanup. New York’s version aimed to apply a similar principle to climate change, requiring major fossil fuel companies to collectively pay $75 billion over time. That money was intended to help the state cover the rising costs of climate adaptation, such as flood barriers, storm-resistant infrastructure, and other protective measures against extreme weather.
Energy companies challenged the law, arguing it unfairly punishes them retroactively for emissions tied to global climate change and oversteps state authority by regulating an issue that crosses state and national lines. The judge agreed, finding the law unconstitutional, though the exact legal reasoning was not detailed in early reports.
This second defeat in court raises fresh doubts about whether New York—and other states considering similar climate liability laws—can hold fossil fuel companies financially responsible through this kind of legislation. The state is expected to appeal.
To read the full story, check out the original report by The New York Times.
Source: A Second Judge Strikes Down New York’s Climate ‘Superfund’ Law (rss.nytimes.com).
Image: Horia Varlan, BY 2.0 (via Openverse).