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Justice Department Seeks Summary Judgment to Strike Down New York’s Climate Superfund Law

The filing argues federal preemption over New York’s attempt to recoup up to $75 billion from fossil fuel companies.

Overview

  • The Environment and Natural Resources Division asked a federal judge to declare the statute invalid and to permanently enjoin any effort to implement or enforce it.
  • Justice Department filings cite a Jan. 20 executive order on energy security and argue that the state law conflicts with federal authority.
  • The New York statute would impose as much as $75 billion in liability on energy companies for alleged past contributions to climate change.
  • Acting Assistant Attorney General Adam Gustafson said individual states lack authority to regulate nationwide or global greenhouse gas emissions.
  • Parallel challenges continue, including DOJ’s May complaint against New York and Vermont and a separate 22-state attorneys general suit, with no court ruling issued.