Judges Keep Striking Down Climate Laws. Some States Are Fighting Back.

On the fourth day of New York's annual Climate Week, a federal judge dealt a significant blow to the state's Climate Change Superfund Act. Judge P. Kevin Castel declared the law unconstitutional, stating that it exceeded the state's authority and interfered with the federal government's foreign affairs. This decision follows a similar ruling by Judge Brenda Sannes in a case brought by Republican-led states, business groups, and fossil fuel companies.

The New York law aimed to hold fossil fuel companies accountable for climate change-related damages by imposing a $75 billion charge over 25 years to fund climate adaptation and infrastructure projects. It modeled itself after the federal Superfund statute from the 1980s.

Since its introduction in 2023, legislators in other states have been pushing for similar climate superfund legislation. The court decisions in New York could potentially serve as a blueprint for challenging similar state laws and influence the Supreme Court. State lawmakers are now faced with a dilemma: modify their bills to address the rulings or proceed with their plans.

Advocates argue that with climate-related damages already costing states and residents significant amounts, responsible companies should contribute to the solution. In Minnesota, a superfund bill has already been introduced, while Washington, Connecticut, and Vermont aim to propose or have already passed their own climate superfund laws.

The cost of climate change is already projected to reach $20 billion or more in Minnesota by 2040, with Hollins emphasizing that taxpayers or billionaires will bear the financial burden.