Article
U.S. District Court Strikes New York Climate Change Superfund Act
A federal court has ruled that New York's Climate Change Superfund Act is preempted by federal law, blocking the state's attempt to collect $75 billion from fossil fuel companies for climate-related infrastructure costs. The decision, which relies heavily on Clean Air Act preemption and foreign affairs doctrine, now awaits appeal while the Supreme Court prepares to hear a related case that could reshape the legal landscape for state climate liability programs nationwide.
Beveridge & Diamond