Washington, DC – The Justice Department has filed a motion for summary judgment seeking to strike down New York’s new “Climate Change Superfund Act,” which imposes $75 billion in liability on energy companies for their alleged role in contributing to climate change.
The law, passed by New York earlier this year, is one of the first state-level efforts to hold major energy producers financially accountable for climate-related damages. But federal prosecutors argue the statute violates the Constitution and federal law by attempting to regulate greenhouse gas emissions on a national and global scale.
In its filing, the department said New York had “declared war on those responsible for supplying our Nation with reliable and affordable energy” and urged the court to permanently block enforcement of the statute.
“New York has overstepped its authority in trying to impose crippling financial penalties on the world’s largest energy providers,” said Acting Assistant Attorney General Adam Gustafson of the Environment and Natural Resources Division (ENRD). “Individual states have no authority to regulate nationwide and global greenhouse gas emissions.”
The Justice Department initially filed its complaint in May, alongside a similar case against Vermont, citing President Donald J. Trump’s executive order aimed at shielding American energy companies from state overreach.
The motion was filed by Chief of Staff and Senior Counsel John Adams and Counsel Riley Walters of ENRD.
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Key Points
- The Justice Department is challenging New York’s Climate Change Superfund Act, which seeks $75B from energy companies.
- Prosecutors say the law violates federal authority and the Constitution.
- The filing follows a similar case against Vermont’s climate liability law.
A courtroom battle is looming over whether states can hold energy giants financially responsible for climate change.
