New York Democrats’ scheme to extract a staggering $75 billion from energy producers has been struck down by a federal judge.
Chief U.S. District Judge Brenda K. Sannes, an Obama appointee, ruled that New York’s so-called Climate Change Superfund Act was preempted by federal law and could not be enforced.
The sweeping law, signed by Democrat Governor Kathy Hochul in December 2024, sought to force oil, natural gas, and coal companies to pay $3 billion annually for 25 years into a state-controlled climate fund.
“With nearly every record rainfall, heatwave, and coastal storm, New Yorkers are increasingly burdened with billions of dollars in health, safety, and environmental consequences due to polluters that have historically harmed our environment,” Governor Hochul said.
“Establishing the Climate Superfund is the latest example of my administration taking action to hold polluters responsible for the damage done to our environment and requiring major investments in infrastructure and other projects critical to protecting our communities and economy,” she added.
Under the law, companies determined by New York regulators to be responsible for more than one billion tons of greenhouse-gas emissions between 2000 and 2024 would have faced strict liability, regardless of whether they violated any law.
The scheme was not limited to activity inside New York. It attempted to calculate emissions connected to fossil-fuel extraction and refining around the world and then send massive “cost recovery demands” to the targeted companies.
Hellbound and Down 