States want to make Big Oil pay for climate harm. Now, courts are weighing in.
New York’s "climate superfund” law has suffered two losses in court, while a U.S. Supreme Court case next week could determine the fate of similar efforts nationwide.
Last week, a federal judge halted New York's "climate superfund law," which aimed to compel fossil fuel companies to compensate for climate-related damages caused by their operations. This legislation, signed in 2024, sparked other states to consider similar measures to hold Big Oil financially responsible for the consequences of a warming planet.
However, recent court rulings have dealt a blow to such initiatives, though they are not necessarily fatal. Seven lawmakers from Connecticut, Hawaiʻi, Rhode Island, New Jersey, and New Hampshire revealed to Grist that these decisions have limited relevance to their states, and they remain committed to advancing their respective superfund legislation.
A looming Supreme Court case, Suncor v. Boulder County, might pose a more significant threat to pollution accountability laws at the state level. Although the decision could take until next spring, it has the potential to nullify all such measures across the nation. If the Court rules that federal law, both statutory and constitutional, preempt all state-level attempts, it could effectively dismiss numerous cases, including consumer rights claims, racketeering cases, and antitrust claims.
The outcome of this case could leave every state with billions of dollars in unpaid damages resulting from climate change.
Written by urgent.news from Grist's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.
