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News

Vetted coverage of Governor Hochul's administration, grouped by day. Every item names its publication and carries a source-credibility tier — Tier 1 primary/wire, Tier 2 established outlet, Tier 3 secondary. No spin; each story links to its original source.

3 items

Sep 19, 2026

1
National Law Review (Beveridge & Diamond client alert, Sept. 18)TIER 2High

Climate Superfund case moves toward appeal: New York and the challengers jointly ask Judge Sannes for a Rule 54(b) final judgment and an injunction barring the state from enforcing the $75B law, with remaining claims held pending a 2nd Circuit appeal

First procedural movement since the Aug. 31 ruling. On Sept. 14 (the court's status-report deadline in West Virginia v. James), attorneys for the state and the plaintiffs jointly asked the N.D.N.Y. to (1) enter a declaratory judgment that the Climate Change Superfund Act is preempted, (2) enjoin New York officials from implementing or enforcing it, (3) enter final judgment under Rule 54(b) on the two preemption claims, and (4) administratively close the case and hold the unresolved constitutional claims (Commerce Clause, Due Process, Equal Protection, Excessive Fines, Takings) in abeyance pending appeal. A 54(b) judgment is what lets the state take an immediate appeal to the 2nd Circuit; no notice of appeal has been reported yet. Implementation of the law is effectively on hold. The appeal would run alongside Suncor v. Boulder County, which the Supreme Court hears Oct. 5, 2026 on the same federal-preemption question. Accountability watch: whether AG James files the notice of appeal after judgment is entered, and how the state replaces the $75B in its resilience math if it loses.

Sep 4, 2026

1
Inside Climate NewsTIER 2High

Federal judge strikes down the Climate Change Superfund Act: NDNY Chief Judge Sannes rules the $75B polluter-pays law is preempted by the Clean Air Act; Hochul says the state is "looking" at "options of appeal"

On Monday Aug. 31, Chief U.S. District Judge Brenda Sannes (N.D.N.Y.) granted summary judgment to 22 Republican-led states, the American Petroleum Institute, the U.S. Chamber and the Business Council of New York State, holding that the Climate Change Superfund Act (signed by Hochul Dec. 26, 2024; $75B over 25 years from fossil-fuel companies) operates in an area where federal interest is so dominant it cannot be enforced, relying on the 2nd Circuit's 2021 City of New York v. Chevron ruling. Hochul told reporters the state is "looking" at its "options of appeal"; her energy adviser Ken Lovett said taxpayers should not foot the bill for polluters and the decision is under review. Sponsor Sen. Liz Krueger said the AG "needs to appeal" and that losing shifts roughly $75B in planned resilience costs to taxpayers. The Business Council and Upstate United called the law an overreach; DOJ's Adam Gustafson said the ruling delivers on Trump's April 2025 order against state "overreach." A separate DOJ suit against the law is pending in S.D.N.Y., a Vermont challenge is pending, and the Supreme Court hears Suncor v. Boulder County in October on the same preemption question. Any appeal goes to the 2nd Circuit. Backfill: ruling landed Aug. 31, reported Sept. 1, missed by the Sept. 1–3 runs.

Aug 19, 2026

1
Post-JournalTIER 2High

Backfill: Senate Minority Leader Ortt files S.10672 to bring radiological contamination under the state Superfund, and asks DEC for written "clean bill of health" letters

Reported Aug 11. New York's Hazardous Waste Superfund program does not currently cover radiological contamination, so no Superfund can be declared for the Niagara and Erie County hot spots. Sen. Rob Ortt (R-Buffalo), the Senate minority leader, introduced S.10672 to classify nuclear and radioactive waste as hazardous waste so affected sites qualify; he was still seeking an Assembly co-sponsor. Ortt separately wrote DEC Commissioner Amanda Lefton asking that owners of properties that test within acceptable standards receive written confirmation. As of the Aug 9 weekend, DEC and EPA reported 1,240-plus properties visited since Jul 23 and 797 access forms received, with four residential properties offered voluntary temporary relocation.