DOJ Petitions To Kill Of NY’s Climate Superfund Law

There have already been several court rulings, such as in NJ, which have state that this power belongs to Los Federales

Justice Department argues federal law ‘trumps’ New York’s Climate Change Superfund Act

The Trump Justice Department wants New York’s Climate Change Superfund Act declared unconstitutional. They asked a federal judge last week to strike down the 2024 law which seeks to put big oil companies on the hook for climate related damages.

The law creates a fund to collect $75 billion from the biggest polluters over 25 years which would go toward paying for those damages, and advocates argue in the process, save taxpayers money.

The filing, asking for a summary judgement, accuses New York state of violating precedent that federal law should govern disputes relating to pollution in which “the interstate or international nature of the controversy makes it inappropriate for state law to control,” insisting the Constitution ”demands a “federal rule of decision.”

Blair Horner, senior policy advisor for NYPIRG, was a chief advocate for the law’s passage. He told Spectrum News 1 that it’s not as if it didn’t occur to those behind the bill that it would face significant legal challenges.

Funny, because climate cultists, and, previously, enviroweenies, have argued that the federal government is in control of stuff like this because it crosses state borders, so, states must comply. It’s a basis, for instance, for Obama’s CO2 endangerment finding. Democrats can’t have it both ways.

Those pushing for the law have consistently argued that the “polluter pays” model has been tested through the federal superfund.

“Should New Yorkers pay $3 billion per year for the next 25 years for climate-related damages or should the oil companies? We think the oil companies should,” Horner said.

What if oil companies just stop selling their products in NY?

State Assemblyman Phil Palmesano, ranking member on the Energy Committee, countered Horner’s argument, insisting that New Yorkers will pay if the law does ultimately stand up to legal scrutiny.

“The ratepayer, the small business, the manufacturer, the farmer, that is who is going to pay for this surcharge if this is not thrown out,” he said.

The consumer almost always pays. See “The People’s Republik Of California.” But, hey, I’m actually all for letting the law stand. Every experiment needs an experimental group to see what happens, right?

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