This on top of a number of L’s New York AG Letitia James has taken.
A federal judge ruled on Monday that New York cannot enforce a 2024 state law that sought to impose an estimated $75 billion in charges on carbon-emitting companies for allegedly causing climate damage between 2000 and 2018.
Chief U.S. District Judge Brenda Sannes in Syracuse, New York, sided with 22 Republican state attorneys general, as well as industry groups including the U.S. Chamber of Commerce, in finding the state measure preempted by federal law. The judge said the Clean Air Act, which gave the federal Environmental Protection Agency authority to regulate carbon dioxide emissions, did not authorize states to adopt emissions compensation schemes.
New York Gov. Kathy Hochul signed the Climate Change Superfund Act into law in December 2024. It required about three dozen covered fossil-fuel companies to pay a combined $3 billion annually for 25 years, or $75 billion in total. The funds would have been earmarked for infrastructure work, including coastal wetlands, stormwater systems, roads, bridges, and responses to extreme weather.
New York argued that its climate superfund statute should remain valid no matter which legal test the court used. Judge Sannes rejected that position. She held that the law did not receive the usual deference courts sometimes give state statutes when deciding whether federal law overrides them.
In her memorandum, the Obama-appointed judge wrote that these kinds of disputes often involve two federal interests that cannot coexist with applying state law: the overriding need for a uniform national rule on energy and environmental policy, and basic principles of federalism.
That doctrine—the presumption against preemption—normally requires courts to pause before concluding that Congress meant federal law to displace a state’s authority. Sannes found the presumption did not protect New York’s law. She concluded that the Clean Air Act preempts the state’s effort to impose liability for greenhouse-gas emissions that originate outside its borders.
The Supreme Court’s Suncor case asks whether states and local governments may rely on their own laws to make fossil-fuel companies pay for claimed harms connected to worldwide greenhouse-gas emissions.
Suncor and ExxonMobil argued that Boulder’s lawsuit is controlled by federal law because greenhouse gases mix across the planet and cannot be kept inside Colorado’s borders.
The New York ruling does not settle the Suncor case. Judge Sannes nevertheless used a similar federalism concern when she concluded that New York could not impose its own liability rules on emissions produced throughout the country and the world.
But, as it turns out, there’s already efforts taking place to implement a new law in the Empire State. This despite the fact that the state’s climate policies are blamed for black outs in the state.
New York has to find other ways to loot the state’s population somehow.